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Is Poker Legal in India? All You Need to Know

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Is Poker Legal in India: In current times, online gaming has achieved a notable portion in the digital space. Popular websites like Khelo365 or rp777 host the various poker variances and allow players to win real money. These Indian websites are 100% legal and secure. 

is poker legal in India? This question stuck in the mind of everyone. In 1996, a bench of three Supreme Court judges declared its 1967 judgment and ruled that games that involve a vast and dominant degree of skill come under the definition of ”games of mere skill.” They also added in their judgment that betting on horse racing is a game of skill outside the ambit of gambling.

Several Supreme Court judgments have also perceived that games of skill are a basic right under the Indian Constitution. That is why games of skill cannot be banned. The High Courts of Karnataka and Calcutta have perceived that law enforcement officials cannot intervene in a poker game. As per this legal background, various legal specialists and judges have proposed that poker is legal in India.

This small write-up will answer the frequently asked questions like is money won from online poker legal in India, security factors that must be considered before playing on an online poker platform, and the legality of online poker in India.

Let’s move down to know more about it.

Is Money Won from Online Poker Legal in India?

Online Poker Win Real Money
Online Poker Win Real Money

Is Poker Legal in India? Yes, money won from online poker is legal in India. To prove this, we need to note certain things.

  1. The money you will earn by playing on poker websites in India is completely legal. Whatever platform you choose to play poker, make sure that the platform must be docile with the standards of the Indian government and its relevant taxation authorities. If you win any amount, the legal poker website is bound to deduct the TDS from the winning amount above a certain threshold and provide a proper certification. Always choose a platform that is tax compliant. For example, Indian poker platforms like Khelo365 will give TDS certificates to all relevant users once they get their winning amount post deductions. Moreover, this is an essential factor to know if a platform is authentic or not.
  2.  If you win money from foreign poker sites, it is also legal, but the taxation procedure is different in such cases. When you win money from foreign poker sites, it does not deduct the TDS, and the player has to file proper tax returns for his winnings. As per particular income under Indian law, around 30% of taxes for any winnings that a player generates from foreign poker sites.
  3. The money you win from online poker is absolutely legal but research your state laws and check if your state comes under a banned region.

Also Read: Online Poker With Friends | 5 Poker Games You Can Play With Your Friends

What Kind of Security Factors Must be Examined before Playing on an Online Poker Website?

 

Before you start playing on an online poker website, you must check the RNG certification and KYC review. Let’sLet’s know more about RNG certification and KYC review.

RNG Certification:  RNG stands for Random Number Generator certification (RNG). It assures that the single factor that determines your possibilities of winning is your skills. What happened in the RNG-certified platform? The cards distributed randomly. There is no mathematics or knowledge of the probability that can notify you about the next card. Spartan Poker’sPoker’s RNG software has been certified by Australia-based iTech Labs. If you find any platform without RNG certification, never play online games on it.

KYC Review: It assures your prize money’s security by testing documents such as PAN Card or any other ID proof for every player. On the Spartan Poker platform, your PAN card must be attached to the profile for every cash-out request, and the money out is transferred only to a bank account linked to that PAN card.

Explain the Legality of Online Poker in India?

Poker is a game of randomness, substantial skill, possibility, and game theory. What is the seventh schedule of the Constitution of India state? It states that each state has the power to make laws on betting and gambling and holding its own elucidation of whether the game of poker is prohibited or not. Did you know that states like Tamil Nadu, Sikkim, Assam, Andhra Pradesh, Odisha, and Telangana have prohibited the poker game, whereas, in other parts of the country, a game of poker is totally legal?

Explicit laws Concerning the Legality of Poker in the Major States

Andhra Pradesh: In Andhra Pradesh, games like poker, rummy, and other online games that deal with real money are prohibited. On September 2, 2020, the state government of Andhra Pradesh declared a ban on all forms of real money online games.

Assam:  The residents of Assam state are not allowed to play online poker for real money. The government of Assam states that games of skill like poker or rummy are gambling and illegal.

Goa:  Goa legally permits casinos. The Daman, Goa, and Diu Public Gambling Act, 1976, decree the state’s gambling laws and has provisioned for foreign casinos while authorizing land-based casinos only at Five-Star hotels.

Kerala: In Kerala, online rummy is prohibited. But poker and fantasy sports are allowed in the state.

In current times, Sikkim and Nagaland states have passed specialized online gaming laws in order to legitimize the industry. Wherever “games of skill” are authorized, an online gaming licensee in Nagaland can use this permission to access a pan-Indian market. However, the Information Technology Act, 2000, forbids internet service providers from entertaining gambling websites.

As per the KPMG report, the gaming industry in India is calculated approximately at around $60 billion per year. And guess what? This figure is going up with the arrival of online gaming. Under the Constitution, betting and gambling are state subjects under Entry 34 on List II of the Seventh Schedule. As a result, there are enormous variations in the regulation of gaming in India. In some states, poker is legal, but in others, it is prohibited.

Also Read: What is Poker | Important Things & Facts about Poker Game

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