The terms ‘chance’ and ‘skill’ have been the subject of several judicial pronouncements, with our courts frequently ruling that games requiring skill rather than chance to win do not fall under the purview of betting or gambling. On the other hand, states like Tamil Nadu, Kerala and Karnataka have banned online betting and gambling. Moreover, these states have declared betting or gambling to be a cognizable offence, allowing the police to act without the need of a magistrate’s permission. These states have amended their state laws to give their police forces greater authority to conduct search and seizure operations. States like Andhra Pradesh, Sikkim and Goa have imposed restrictions up to a reasonable degree, allowing activities based on skill and not chance. Most of these state laws are broadly modelled on the PGA mentioned above, albeit with suitable modifications. Other states have enacted legislation to regulate gaming and gambling activities within their territories under their gaming laws. It may be pertinent to note that a colonial-era statute, the Public Gambling Act (PGA), 1867, remains in force and has been adopted by several states, including Uttar Pradesh, Madhya Pradesh and Delhi. Online gaming policies fall under the legislative jurisdiction of states, as List II of the Seventh Schedule of India’s Constitution features the category of sports, betting and gambling.

Given this background, it is imperative for stakeholders in the field of online gaming to understand the policy framework that exists in India.

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