Many of the Perry4Law’s clients had asked whether online gambling is legal in India or not? There is also a general confusion regarding online gaming and online gambling regulatory requirements in India. Online gambling laws in India are totally different from online gaming laws of India. Further, online betting laws in India are also differently applicable to different situations. India is also contemplating formulating anti match fixing laws to prevent illegal online betting and match fixing in various games.
Similarly, lottery laws in India are different and they apply differently in different states of India. One state may refuse to allow sale of lotteries of a different state in its jurisdiction. Recently, Kerala refused permission to Future Gaming Solutions India Private Ltd to sell Nagaland lotteries in the state. The state of Sikkim grants provisional and regular licence under the Sikkim Online Gaming (Regulation) Act, 2008.
Since online gambling essentially involves use of information and communication technology (ICT), conflict if laws are bound to arise. An online gambling or online poker website may be legal in one country but it may be illegal in another country like India. Any entrepreneur who wishes to explore multiple markets around the world must keep in mind the conflict of laws aspect of online gaming industry.
The online poker laws in India have also evoked much interest from both national and international stakeholders and entrepreneurs. Few of them have even considered using Bitcoins for online gambling and online gaming purposes. However, it is of utmost importance that an online poker website in India must be legally opened and managed in a lawful manner from time to time. There are very specific legal requirements regarding opening a legal online poker website in India.
The online gaming market of India is fast booming but regulatory compliances are still to be adhered to. For instance, compliances in the field of encryption, cloud computing, cyber law due diligence (PDF), Internet intermediary obligations, payment gateways, mobile applications development, online gaming websites development, etc are still not taken care of by various online gaming and online gambling websites and entrepreneurs. Recently, the Mumbai Crime Branch busted an online gambling network spreading across India.
Ignoring the techno legal requirements for establishing online gambling and online gaming business and website in India could prove fatal in the long run. Perry4Law strongly recommends that online gaming and online gambling entrepreneurs must duly comply with techno legal compliances before launching their project and website.