Brief of The Public Gambling Act, 1867

Gambling Laws in India

Gambling laws in India are a mix of central and state regulations: Gambling is the act of wagering or betting money or valuables on an event with an uncertain outcome, primarily driven by chance, hoping to win more money or prizes.

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It includes activities like:

  • Casino games (roulette, slots)
  • Card games (poker, rummy)
  • Sports betting
  • Lotteries
Gambling is usually divided into:
  • Games of chance (luck-based)
  • Games of skill (where skill plays a major role)

Legal Framework:

  • Public Gambling Act, 1867 – Central law prohibiting running or visiting gambling houses. It does not apply to online gambling.
  • State Control – States can make their own laws; some allow lotteries, casinos (e.g., Goa, Sikkim), and horse racing.
  • Online Gambling – Not uniformly regulated. Some states ban it, others allow with restrictions. Skill-based games (like rummy, fantasy sports) are often legal.
  • New Developments – The Indian government is moving to regulate online gaming, especially concerning real money and betting.

Penalties Under the Public Gambling Act, 1867:

  • For keeping a common gaming house: Up to ₹200 fine or up to 3 months imprisonment, or both.
  • For gambling inside a gaming house: Up to ₹100 fine or up to 1 month imprisonment, or both.

In RMD Chamarbaugwalla vs. Union of India (1957): The Supreme Court distinguished between "games of skill" and "games of chance," ruling that competitions involving substantial skill are not considered gambling. 

Conclusion

In conclusion, gambling laws in India are multifaceted and vary significantly across states. The distinction between games of skill and chance remains central to legal interpretations. As the digital landscape evolves, there is an ongoing need for comprehensive legislation to address emerging forms of gambling and ensure consumer protection

Written By: Dr Jasdeep Kaur Advocate, Ph.D. law at Amity University, Jaipur, Rajasthan, She completed her LL.M. in Corporate Governance and Banking Laws from the University School of Law and Legal Studies at Guru Gobind Singh Indraprastha University, Delhi

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