Gambling Agreement to win or lose something of value solely or
partially by chance. Texas defines a bet as agreeing to win or lose
something of value based solely or partially on chance. This encompasses many different forms of gambling including cards, table games, betting on sports games, horse and dog races, slot machines, lottery, and scratch tickets. There is law that states that skill based games are not illegal to play in India and there are many players in the world who already proved that Poker is game of skill, and skill games are NOT illegal in India so technically it is not illegal to play there. But for online gambling there Indian law clearly prohibits gambling in an online platform. It is regulated by Information Technology Act of 2000. The Intermediary Guidelines (Rules) 2011, published under this Act regulates gambling practices by intermediaries, which includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes. Section 3(2)(b) of the said Rules, prohibits any practice which is related to or which encourages laundering and gambling. The public gambling act of India, 1857 mandates that any games which are in form of betting or “game of chance” is liable to punishment. The game of Poker is globally recognised to be a game which needs a high level of intellect and mental prowess. In India, gaming legislations in all states with the exemption of Assam, Odisha, Telangana and Gujarat exempt “games of skill or “games of mere skill” from the definition of gambling. Playing poker games in Poker Lion, implies you can play them as a game of skill at according to law it is considered legal.
Various Supreme Court judgments have noted that poker as
games of skill is a fundamental right under the Indian constitution and consequently games of skill cannot be prohibited. The High Courts of Karnataka and Calcutta have noted that police or law enforcement authorities cannot interfere in the game of poker. Based on this legal background, various legal experts and jurists have opined that play poker online is completely legal in India. No, playing online poker is not illegal in India except Telangana and Gujarat states. Poker is now on the list of the skill-based game as like rummy games. So as per Indian gambling act, skill- based games are not in gambling act 1867. Indian law classifies all games under two broad categories – those of luck or and those of skill. The Supreme Court has maintained that rummy is a game of skill. The Karnataka High Court passed a landmark judgment in 2013 that declared poker as a predominant game of skill, along with rummy. Andhra Pradesh has also passed a similar ruling.
In fact, it is in the hand of each state to formulate the laws of
gambling and gaming. Many states, such as Sikkim, Goa, and Daman allow poker to be played in casinos. Nagaland looks all set to propose a bill that will legalize online gaming, claiming to be the first state to actually try and pass legislation that supports online skill games such as rummy and poker.