Legal & Regulatory
Gambling Laws in India: An Introduction
Legal Environment: Indian courts and legislations have always considered gambling to be a pernicious and immoral activity. The Courts have on various occasions held that gambling and lotteries of any form causes grave economic harm to the public which leads to the loss of the common mans hard-earned money. Thus, the attitude of the judiciary and law-makers has been to discourage people from indulging in games of chance and probability.
On the other hand the various State governments are blatantly promoting/operating lotteries, horse-racing, charitable lotteries etc.
Important Statutes: The various Central and State legislations dealing with public gambling display a marked feature of excluding lotteries from their ambit. Thus while gambling and betting is banned in India (barring a few exceptions), most state governments either conduct lotteries or authorise private parties to conduct lotteries.
Constitutional provisions: As per the seventh Schedule of the Constitution of India (See entry no. 40 of List I and entry nos. 34 and 62 of List II), the Union government is empowered to make laws to regulate the conduct of lotteries, while the State Governments have been given the responsibility of authorising/conducting the lotteries and making laws on betting and gambling. The following are important laws relating to gambling in India.
The following are the various laws which regulate/restrict gambling in India:
- The Public Gambling Act, 1867: This Central legislation provides for the punishment of public gambling.
- The Lotteries (Regulation) Act, 1998: This Central Legislation lays down guidelines and restrictions in conducting lotteries.
- Section 294-A of the Indian Penal Code, 1860: This Section lays down punishment for keeping a lottery office without the authorisation of the State government.
- Section 30 of the Indian Contract Act, 1872: This Section prevents any person from bringing a suit for recovery of any winnings won by way of a wager. (An agreement which is based on a future uncertain event wherein the loss of one person is the gain of the other). Thus no claim for recovery of any winnings in lotteries, gambling or betting can be brought before the court. The position of law in India is such that it may be perfectly legal to buy a lottery ticket, but the winner of such a lottery will have no remedy against the lottery agency if the said agency refuses to pay the winnings. This same position was reiterated in Subash Kumar Manwani v. State of M.P. (AIR 200 MP 109).
- State legislations: Various state legislations like The Bengal Public Gambling Act, 1867; The Bombay Prevention of Gambling Act, 1887; The Delhi Public Gambling Act, 1955: The Madras Gambling Act etc. have been created. These Acts are more or less similar as the object of these Acts is to ban/restrict gambling.
States that allow gambling in various forms (the exceptions): Sikkim and Goa are the only two states in India which currently permit gambling (other than exceptions created by certain states for horse-racing, dog-racing and lotteries.)
Goa: In Goa an amendment created to the Goa, Daman and Diu Public Gambling Act, 1976 allows casinos to be set up only at five star hotels or offshore vessels with the prior permission of the government. (See Section 13-A of the above mentioned Act).
Sikkim: In Sikkim The Sikkim Casino Games (Control and Tax Rules), 2002 gives discretion to the Government of Sikkim to grant licences to individuals/establishments for setting up casinos. The Sikkim Regulation of Gambling (Amendment) Act, 2005 also gives the government discretionary power to authorise gambling either on certain days or to certain gambling houses by grant of licence.
Provisions for online gambling: There is no express provision in India either banning or allowing online gambling. However the Sikkim government has recently introduced the Sikkim Online Gaming (Regulation) Act, 2008 and subsequently by the amended Sikkim Online Gaming (Regulation) Rules, 2009 invited applications for licences to set-up online gaming websites (for gambling and also betting on games like cricket, football, tennis etc.) with the servers based in Sikkim. It is unclear whether Indian residents in other states would be able to avail the services of these websites in the absence of any law prohibiting online gambling.
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Vatsal
October 16, 2010 at 10:30 am
so can it be said that gambling is partly legal in India?
Jay Sayta
October 16, 2010 at 10:55 am
Gambling, as in casinos are only legal to a limited extent in Goa and Sikkim. However, lotteries are completely legal across India.
Deepak
October 22, 2010 at 8:30 pm
Kerala has a ban on lotteries except those of the state government. The ban on lotteries of other state governments is hotly contested on Article 301 and there is a case pending, I think, before the High Court. It will be good to have your take on this
Jay Sayta
October 22, 2010 at 8:40 pm
Yes there was a recent Kerala HC verdict and every state has the liberty to ban lotteries from other State under the Lotteries (Regulation) Act, 1998. However there is a contradiction in law as gambling is banned but lotteries are not only allowed but openly promoted. Also Courts have already held that lotteries business does not come under freedom of trade and commerce (Article 301) as it is immoral.
karan
December 4, 2012 at 1:15 am
i want deposit fund in betfair so waht can i do.. any body tell me the option
Angus
January 7, 2011 at 8:04 am
Do you think the Sikkim licensees will be able to market their businesses openly throughout India?
Jay Sayta
January 7, 2011 at 11:51 am
Hey,
It is very much likely that the Sikkim licencees would be able to market their businesses openly in the absence of any explicit provision. Please read this thread: http://glaws.in/forum/index.php?tid=2 I would be giving you a more detailed reply by e-mail later today.
Best,
Jay
Darshan
January 22, 2011 at 9:29 pm
I am very much interesting in online game business. If u have any details Pls.mail me. Now Sikkim allow sports licence?
satya
January 24, 2011 at 1:10 pm
Hi,
I am also interesting in online game business. I have also have same few questions like.
1) Do you think the Sikkim licensees will be able to market their businesses openly throughout India?
2) How much fess its cost.
Thanks
Satya
SR
February 20, 2011 at 2:12 am
Hi,
Could you please explain more the nature of the ban on public gaming houses? If I have a restaurant and offer gaming tables as an added attraction, such that customers cannot play with money, will I be breaking the law?
Thanks a lot!
Jay Sayta
February 20, 2011 at 1:31 pm
In general gaming acts across the country ban gaming which profit the keepers of the common gaming house in any way. Benefits by way of added customers etc. may be construed as profit and thus may amount to common gaming house. However, structuring of the business in a way to allow only certain games is possible. However, it may also depend on which state are you trying to hold the gaming activities as different states have different sets of gaming laws.
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Manu
May 14, 2011 at 2:49 pm
jay, lotteries are at entry 40 of List I. not entry 7.
Jay Sayta
May 14, 2011 at 3:36 pm
Thanks for pointing it out Manu. You are right, its entry no. 40 and not 7. I have updated the correct entry no. in the post. My apologies for the mistake.
Raj
August 3, 2011 at 11:01 am
What dose the term gaming on board in vessel offshore mean, section 13 A permits this on vessel, so how far the vessel has to be stationed from shore line for it to become proper business
Jay Sayta
August 3, 2011 at 1:55 pm
As of now, the vessel has just to be off the mainland and there is no limit as to the distance. There are casinos in the river Mandovi as well. However, a new bill is proposed by the BJP-led opposition in Goa to have casinos only outside the territorial waters of Goa. This Bill is still pending before the House, thus there might not be a change anytime soon.
venkat
August 22, 2011 at 12:25 pm
suppose a state govt wants to pass a law to permit on shore casinos and off shore casionos,do u think it is possible.
Jay Sayta
August 22, 2011 at 1:18 pm
That is very much possible. The legislative assembly will only have to pass a law amending the gaming act presently applicable to that particular state. Goa had done the same thing in 1996 and 1998, other states can also follow the same example.
Thilak
August 24, 2011 at 11:44 pm
Hi Jay, I am playing online betting (bet365.com) now a days, I dnt no, its leagal or illeagal. Now the problem is I won some money in betting. Can I transfer it to my Indian bank a/c? Is there any leagal problem, to send the fund to India? Online betting income is leagal or illeagal in India?
Jay Sayta
August 25, 2011 at 3:26 pm
There is no clear answer for this. Under FEMA and other laws it is illegal to remit money for betting and gambling activities, but people are still doing it in small amounts through various means like e-wallets without any action being taken against them.
viram
March 7, 2014 at 4:18 pm
Hi, I am playing online betting (bet365.com) how o pay deposit,deposit pay problem ,pl sir help you [email protected]
Thilak
August 25, 2011 at 4:54 pm
so, what can I do? Can I remitt that fund? Is there any leagal problems? I need detailed explanation. I very much cofuced from this.
Jay Sayta
August 26, 2011 at 2:21 pm
If you go by the book, it is technically illegal to remit funds for this purpose. But the lack of proper implementation of the laws and the fact that a lot of Indian citizens are doing the same using e-wallets etc. makes it easier to remit the money.
Thilak
August 26, 2011 at 5:30 pm
Ok. Thank you Jay Sir for ur valuable information.
Hoshedar
October 14, 2011 at 12:56 pm
The Public Gambling Act seems to suggest that it is applicable only in certain limited parts of (British) India. What is the notification / gazzette (if any) that provides that it is applicable throughout India?
Jay Sayta
October 16, 2011 at 11:58 am
The Public Gambling Act is a proforma central legislation which can be adopted by state governments by a resolution or state governments are free to have their own Acts on gambling. Thus some states have adopted this Act while most others have modelled the state gambling Acts on similar lines as the Public Gambling Act.
Hoshedar
November 22, 2011 at 3:44 pm
Could you lel me know which states have adopted the PGA? Most states seem to have their own parallel gambling legislations. But Himachal, Jharkhand, Uttarakhand and some North Eastern states don’t have a parallel legislation. Where all has the PGA been adopted??
Jay Sayta
November 22, 2011 at 4:12 pm
The Act is applicable to Punjab, Himachal Pradesh, Delhi, Haryana, Chandigarh, Manipur and Madhya Pradesh with certain modifications and amendments passed by the state legislature. About Uttarakhand and Jharkhand, I am not sure, I think the Acts applicable to the states in which they were a part previously are still applicable there.
Hoshedar
November 22, 2011 at 4:21 pm
Thanks Jay 🙂 You’re doing some great work, and carving a nice niche for yourself. Keep it up!
Rahul
June 28, 2012 at 12:31 am
Can anyone tell me which states allow lottery?
Jay Sayta
June 28, 2012 at 7:57 pm
Lottery is allowed in around 12 states in India like West Bengal, Maharashtra, Kerala, Punjab, Madhya Pradesh etc.
Nitesh Nagar
July 29, 2012 at 9:58 am
Dear Sir, I live in Madhya Pradesh and reside of Madhya Pradesh. Can I play through myplaywin.com legally and Can I claim the jacpot prize. I play maharastra terminal.
Jay Sayta
July 29, 2012 at 10:06 pm
Please see earlier comments in this thread. Hosting state does not matter in online lotteries and it is only the state in which the participant resides which decides whether online lotteries are permitted or not.
ALOK SHRIVASTAVA
June 28, 2012 at 3:34 pm
Plz. let me know playing online lotto from M.P. is permitted or not
Jay Sayta
June 28, 2012 at 7:55 pm
Lottery and online lottery is permitted in the state of Madhya Pradesh.
ALOK SHRIVASTAVA
June 29, 2012 at 10:24 am
thank u very much satya
Malay
July 4, 2012 at 4:36 pm
A small note on the Constitutional provisions – Entry 62 is a taxing entry which gives the ability to the State Legislature to levy a tax on the subject matter. It may be noted that power to legislate does not include the power to tax (except when sought to be done under entry 97 of List 1). Entry 62 in necessary in addition to entries 33 and 34 in the state list to enable the state to levy taxes on the activities under Entries 33 and 34. Thanks
Siddahrth
July 8, 2012 at 5:22 am
Could you shed some light on the laws in Karnataka?
Jay Sayta
July 8, 2012 at 12:01 pm
The Karnataka Police Act, 1963 is the applicable law to prevent gambling in Karnataka. Portions of the Act that deal will gambling are similar in nature and objects to the Public Gambling Act, 1867.
TRISHOOL FRIENDS
May 6, 2013 at 9:51 am
Why police register falsecase of gambling on leagal recreation clubs conducting tournments of skilled games like rummy carrom and chess etc. Whether c. c.camera recording will prove the leagality? please guide.
Jay Sayta
May 6, 2013 at 3:10 pm
Police will have to prove that the place raided was a “common gaming house” where games (other than games of skill) were played for profit or gain for the owner, occupier etc. If they fail to prove this, the charges against you will not stand. FIR can be quashed by application to the High Court under Section 482 of Code of Criminal Procedure (CrPc) or by filing a writ petition seeking direction to police to stop such harassment or continuous raid.
TRISHOOLFRIENDS
May 7, 2013 at 9:35 pm
As per the instruction of former supdt. of police c.c.camera & one month recording capacity DVR is installed in our club. please inform whether c.c.camera recording will be considered for legality of the activities of the club by the courts
Jay Sayta
May 7, 2013 at 11:05 pm
CCTV can be one of the evidences of course, but along with testimony of witnesses and other evidences.
TRISHOOLFRIENDS
June 21, 2013 at 7:54 pm
Please inform the provisions of Amusement Order 1989 about Rummy with stakes and Rummy without stakes.
Jay Sayta
June 22, 2013 at 6:17 pm
I am not familiar with the local permission and license required for running a rummy club in Karnataka, I have never come across such an order or decision. Kindly contact a local lawyer familiar with this order and license requirements to guide you further.
rima
July 20, 2012 at 8:20 pm
can i place bets online (like betdaq.com, bet365 which accept indian currency.
Jay Sayta
July 20, 2012 at 8:29 pm
Remittance/withdrawal in Indian Rupees though not illegal under the FEMA Rules may still be for an illegal object under other applicable laws.
rima
July 23, 2012 at 11:46 pm
thanks so much. also oould you plz tell me will there be any questions as to why are there international deposits(if i win), any questioning from the bank ??
Jay Sayta
July 23, 2012 at 11:49 pm
Banks may inquire about the source of funds that are being remitted as per the regulations.
Nitesh Nagar
July 30, 2012 at 11:03 am
Dear sir you answered that Hosting state does not matter in online lotteries and it is only the state in which the participant resides Sir I live in Madhya Pradesh and three act is active 1. The Lotteries (Regulation) Act, 1998 (Govt. of India) 2. The Madhya Pradesh Lotteries Pratibandh Act, 1993 (Govt. of India) 3. The Notification regarding PRATIBANDH of Lotteries in Madhya Pradesh (Govt. of MP.
Now Can I play online in maharastra terminal if hit the jackpot can i claim it.
Nitesh Nagar
July 30, 2012 at 11:08 am
Dear sir, please answer thanks for you that you send best answer for me.
Previously I am very confused and this site is very nice for good comments and answer. I like glaws.in
madhya pradesh lottery act link
1. http://www.dif.mp.gov.in/small_saving%5CLotteriesRegulationAct1998.pdf
2. http://www.dif.mp.gov.in/small_saving%5CMPLotteriesPratibandhAct.pdf
3.http://www.dif.mp.gov.in/small_saving%5CMPLotteriesPratibandhNotification.pdf
Jay Sayta
July 30, 2012 at 12:44 pm
Yes lotteries including online lottery hosted in any state would be prohibited in Madhya Pradesh by this Lottery Prohibition Act of Madhya Pradesh. By a Supreme Court verdict this Act will also apply in instances of online lotteries.
Nitesh Nagar
July 30, 2012 at 3:47 pm
Dear Sir, above my summary So I can’t claim legally my claim jackpot prize if I reside of madhya pradesh and play maharashtra terminal. Thanks
amit kumar
September 16, 2012 at 2:16 pm
sir im amit kumar from madhya pradesh bhopal,and i play online lottery only on international websites ((playhugelottos.com)) (of uk) as their prize money is very huge ($149,000,000)and if evr i won a prize amount by my lucky numbers ..will i be able to claim that money without breaking any law or being punished !!
Jay Sayta
September 16, 2012 at 2:27 pm
It would be violation of FEMA law to transfer money for the purpose of lotteries and there is punishment of up to thrice the amount of contravention.
Mohon Kumar
September 9, 2013 at 6:10 pm
What if it is through Lottery concierge like http://www.lotto.net/lotto-tickets.asp .
It is like my friend is playing the lottery in UK for me and if he wins he sends me the money. Which means that my friend is sending me the money from UK and I am not directly involved with the lottery he plays in UK.
Is it still illegal?
Mohon Kumar
September 16, 2013 at 6:54 pm
Just to add few more points:
1. According to the Kerala High court it is very much legal to play foreign lotteries. Lotteries Regulation Act 1998, Lotteries (Regulation) Rules 2010 or any other state lottery act does not apply to foreign lotteries as State Legislature has no legislative competence to legislate on foreign lotteries under the legislative field of Entry 34 of List II. Ref:http://www.keralawyer.com/asp/detailedJudgement.asp?id=2222
2. The FEMA law prohibits remittance which means sending money out of India. So it doesn’t prohibit you from bringing your lottery winnings from outside India.
ICICI BANK’s website says clearly says that this rules are for “Outward Remittance Modes”
Ref: http://www.icicibank.com/Personal-Banking/account-deposit/Outward-Remittance/index.html
I would really appreciate your comment on these points.
amit kumar
September 16, 2012 at 2:45 pm
but sir i just read previous comments and ur replies to alok shrivastava of madhya pradesh ..u told him that online lottery are permited in madhya pradesh sir…so i makes me confused
Jay Sayta
September 16, 2012 at 3:07 pm
Online lottery that is to say only online lotteries conducted by Madhya Pradesh or any other Indian state, not foreign online lotteries.
amit kumar
September 16, 2012 at 3:26 pm
thank you sir ,my respect for you
pooja
September 16, 2012 at 3:33 pm
sir today i got a msg in my inbox that my number has been randomly chosen by some company as athe lucky winner of their contest and i will be given prize money on their anniversery,,i m prety sure that it must be fake but for some chance if its true ..i just want to know weather the prize money would be considerd under lottery act ….as i haven purchsed or made any transaction to that company
Jay Sayta
September 16, 2012 at 3:36 pm
It won’t be a lottery but merely a prize since there is no consideration from your end.
However, readers may be aware that there are a lot of fake lotteries/prizes emails/messages sent by foreigners to dupe citizens. Do be extremely circumspect about such messages and treat them as spam without responding.
pooja
September 16, 2012 at 3:47 pm
thank you sir ,but would also like to inform you that …in the very same msg they also gave me an email and ask me to give my phone number adress bank account pin code etc..when i contacted them in their email they sent me a mail that their person would come to india to my home his fligh time and etc was written …and their contact number was also mentioned in theri email of UK starting with +44..i called that number and that guy also said that i have won …sir if that is all fake what would be the motive of those person to come to my home making their own expenses on flights ticket etc ….
Mohon Kumar
September 9, 2013 at 6:04 pm
Hey Pooja, Could you please update us on what happened afterwards.
I guess they must have asked for some kind of fees to be paid before they can take any actions at all. If that is right, did you send any money to them?
shravya
September 18, 2012 at 1:32 am
hey just a query…if a player plays live cash games / tourneys in goa n sikkim, makes money and pays tax accordingly, then its totally legal right??
Jay Sayta
September 18, 2012 at 7:54 am
Yes.
sahil
September 26, 2012 at 2:06 pm
Im from mdhya pradesh.. i bet online on bet365.. i tried to deposit money through debit card(mastercard) of my bank n surprisingly, money was successfully transferred to my bet365 account and since then, i m betting online.. now, i’ve won money (about 6000INR) and i want to withdraw.. but bet365 says, they cant fund the amount to my same debit card.. they will transfer through bank wire and they ask me the details.. now i called the bank to know about wire transfer and the guy said that any fund transferred from other country to india to their bank, will first be transferred to indore branch of mp (as theres only 1 district in mp which accepts international transfers for the respective bank) and then to my branch of respective city.. so im just afraid of getting caught as the site name will be mentioned with the amount, plus theres a risk as money first will b transferred to indore, and then to my branch of city.. so im afraid if i’ll be checked for in indore.. plz help..should i proceed withdrawal or not..! Help me..im in a dilemma..
Jay Sayta
September 26, 2012 at 2:30 pm
If you declare the funds under gambling, there is a chance that you would be held liable for FEMA violations if the bank wishes to pursue the same.
satya
November 12, 2012 at 3:10 pm
My Playwin Lotteries di
satya
November 12, 2012 at 3:12 pm
My Playwin Lotteries has not clearly mentioned whether outside of Maharasthra can play on line lotteries. Are they entitled or a Jackpot prize if anyone won that of Saturday Lotto or ThursdayLotto.
Jay Sayta
November 12, 2012 at 3:14 pm
Lotteries would be permitted in states which have not expressly banned them.
radhika
November 29, 2012 at 12:12 pm
Sir i want to start an online poker website just like 888.com in india so it would be legal and if it is then what are the certificates i have to obtaine….??
can u plz help??
regards,
radhika
Jay Sayta
November 29, 2012 at 2:18 pm
The legality of poker in India is ambiguous at present and no hence there is no provision created for seeking any permissions or certificates.
Sufyan
March 1, 2013 at 10:12 pm
So does that mean the free mobile recharges made by some websites are also illegal and banned? And which type of lawyers should I ask regarding the lottery or draw….
Jay Sayta
March 2, 2013 at 8:59 am
If there is no fee or consideration by the participant then such websites would not be lotteries.
mohit
April 9, 2013 at 11:57 am
Hi Jay,
I saw that you seem to be having good info about various state laws. so just wanted to ask ..
1. Do we have any list of 13 states where lottery is allowed ?
2. are rules different for online lotteries as well ?
3. if i want to create an online lottery portal, which state seems to be the best option? and do i need licence for the same ?
4. can people from other indian states play the same lottery online and claim the prize ?
Thanks in Advance,
Mohit
Jay Sayta
April 9, 2013 at 12:01 pm
Mohit,
Answering queries as follows:
1. I have not compiled the list as yet.
2. Yes, there are different rules but in general states which allow offline lotteries can allow online lotteries
3. You need license from Sikkim or other relevant state.
4. Only citizen of states which allow lotteries can participate and claim prizes.
TRISHOOL FRIENDS
May 8, 2013 at 8:19 am
In 1999 police registered a false case charging our members were playing ANDAR-BAHAR a game of chance.The court after trial acquitted our members giving instuctions to the police that it is easy to frame a false case but difficult to prove.Again in 2003 police registered afalse case the F.I.R. of which is quashed by the Hon. High court stating the raid is illeagle. Can we request the ADVOCATE COMMISION to accampany in future raids? Please guide.
Jay Sayta
May 8, 2013 at 10:17 am
As per the CrPc two independent witnesses have to be present while making the raid, if they are not present then adverse conclusion can be drawn against the police. Also you can approach the High Court to issue directions to police to refrain from conducting raid/registering FIR unless there is strong evidence on record of gambling activities.
TRISHOOL FRIENDS
May 8, 2013 at 8:35 pm
Thank you Sir. We hope your valuable legal advise will be continued for our legal fights in future.
Jay Sayta
May 9, 2013 at 12:01 pm
Thanks for your kind words, look forward to help you and all others concerned on this issue.
B.R.Sreenivas Achar
May 26, 2013 at 9:17 pm
Hello Jay Sayta Sir,
I am from Karnataka,& i would like to know some International lottery web sites offering free entry/free tickets/gift vouchers[international lottery] for all international players[online] & in this some sites are not gambling sites, & they are running the web site with ads revenue,& if they own jackpot,that will be distributed to the participants,& is it i can play from KARNATAKA & can get money here if we win,pls advice[is it Karnataka Government will introduce lottery again?]
jayant v telang
May 29, 2013 at 9:17 am
Jay Satya sir,
is it true that only betting in cash money is called ILLEGALand chips are allowed a per the provisions of british gambling act 1887?
Jay Sayta
May 29, 2013 at 7:31 pm
There is no distinction between playing with stakes/chips or real cash- if the owner/organiser is making a profit or gain out of the operations it is irrelevant.
roshan.....
June 1, 2013 at 9:50 am
sir……. is it legal to play in bet365 and to tranfer money through netteler
Jay Sayta
June 1, 2013 at 3:06 pm
As I have staed earlier also, FEMA restrictions do not allow transfer of foreign exchange for gambling and there is penalty against the sam though there is no specific criminal liability for participating in the websites.
B.R.Sreenivas Achar
June 4, 2013 at 8:54 pm
Jay Sayta Sir,
I have not received reply for my 26th may 2013 message,so i want to repeat the message “I am from Karnataka,& i would like to know some International lottery web sites offering free entry/free tickets/gift vouchers[international lottery] for all international players[online] & in this some sites are not gambling sites, & they are running the web site with ads revenue,& if they own jackpot,that will be distributed to the participants,& is it i can play from KARNATAKA & can get money here if we win,pls advice[is it Karnataka Government will introduce lottery again?]
Jay Sayta
June 4, 2013 at 9:28 pm
FEMA regulations do not permit transfer of foreign exchange for the purposes of lotteries and hence it would not be permissible. I don’t know of any proposal of Karnataka government to legalise lotteries.
Raghavan
June 5, 2013 at 7:39 pm
Sir, I live in Chennai.. Is it possible to purchase draw tickets and participate on Dubai Duty Free, through online..? if i win it, can i claim the money, or transfer the amount to indian bank account..?(many people who are from south india, who fly to dubai, are purchasing that ticket directly from the airport and winning the prizes and getting the money too).. but i dont know, is it possible through online.. pls can u clarify it..
Jay Sayta
June 5, 2013 at 7:58 pm
As I said earlier, technically FEMA restrictions prevent withdrawal and use of foreign exchange for lottery purposes.
Devang
June 7, 2013 at 4:51 pm
Sir, I need to know that i have won 5,000$ in playhugelotto.com (which is an international lottery site) if transfer is in my acc, will be convicted under any Indian Law? is playing international lottery illegal in our country?
Thank You
Jay Sayta
June 7, 2013 at 6:31 pm
As reiterated by me there is no criminal liability for participation in lottery, but there may be liability and fines under FEMA depending on how you structure the transaction. Further, you would have to pay Income Tax at 30.9% as per the applicable law.
rahul
June 9, 2013 at 8:47 pm
hi i got almost all answers of my doubts which i had.but still i want to know something.if i play a online lottery and the online lottery sponsor my abroad trip and there i collect my cash and from there i transfer my winning amount to my indian bank .will it be still violating FEMA?or if settel abroad for 6months or 1years and then after i return india after transfering the money.then also?
Jay Sayta
June 10, 2013 at 11:09 am
These aspects such as foreign trips or use of money abroad and then transferring it in India are not covered under FEMA and may not be any liability for the same.
sachin
June 11, 2013 at 2:34 am
Sir,
I play online lottery through a website called playhugelottos.com. I mailed them and asked whether playing international from india is legal or not. And i also asked about the remittance of the funds if i ever win the huge amount. As i m aware of the FEMA regulations.Below are their reply
Thank you for your email.It is important for our customers to note that PlayHugeLottos.com, and its associated brands and websites, offer a premium messenger service and not an online gambling service. Our promise to our customers (and indeed the contract with the customer) is to arrange a legitimate service acting as a messenger and management intermediary.PlayHugeLottos.com does not arrange or organise a lottery or an actual lottery drawing. Furthermore, the customer never becomes the lottery ticket owner and lottery tickets themselves never cross borders, we are therefore of the opinion that our service is not gambling.We have never been shown any specific legislation which prohibits Indian residents from walking in to any lottery licensed retailer and actually purchasing a lottery ticket with their own money. Since many Indians are indeed working for example in the UK, we are absolutely convinced they are not in contravention of any Indian lotteries act.Secondly, as a user of our service, you are in actual fact not participating in a foreign lottery we are. For example we are entitled, much as you are, to purchase, retain and claim any subsequent winnings on lottery tickets sold through kiosks in the United Kingdom. Since the ticket never crosses a border, we are effectively the purchaser of the lottery ticket. We also manage the retention and any subsequent claims directly with the lottery organiser. From that point onward, the transaction or transfer of any funds is simply an interaction between you, the user, and us, a service providing company. So if you personally are not taking part in a foreign lottery, you cannot be in contravention of any lottery act.This is the anonymity we provide and our customers are all really happy about this.Ultimately you are paying for the aforementioned service from us and therefore not a gambling service. However, for your peace of mind we also provide various alternative methods of payment such as Moneybookers eWallet and Neteller eWallet.Our final view is that we are no different than a concierge service that just happens to order and retain your lottery ticket in the country where it originates. It just so happens that you are actually paying for the concierge service rather than for the lottery ticket. It is irrelevant that the cost of the lottery ticket just so happens to be included in the fee for the concierge.We hope this answers some of your questions. If you would like further information on our alternative payment methods, please do not hesitate to contact us or visit the ACCOUNT BALANCE section on our website.Best Regards,The PlayHugeLottos.com Team
Please tell me is it legal to remit the fund generated from such lotteries in india
Jay Sayta
June 11, 2013 at 8:42 am
As per the reply you of the lottery company you have given me, if the purpose of the winnings which they remit is for other than lottery/gambling mentioned in the remittance code, then this may be possible under FEMA and other laws.
Devang Dave
June 12, 2013 at 6:58 pm
Thank You very much Sir for your detailed response.
Thank You
Deepak
December 12, 2017 at 12:58 am
So Jay, According to this lottery company’s reply. which remittance code can be applied to remit winning amount without violating any laws.
can you tell us..?
Mohon Kumar
September 16, 2013 at 10:01 pm
As far as I understand, remit means sending money. Here, you are not sending money, you are receiving it. Someone is remitting the money from either UK or US and UK or US is outside of the territory of Indian Jurisdiction. Hence, no one is breaking the law here.
Ref: http://www.icicibank.com/Personal-Banking/account-deposit/Outward-Remittance/index.html
From the United bank of India’s website it seems like you can even use their International credit cards to purchase lottery tickets online but I would still suggest using a eWallet service to buy your ticket to be on the safe side.
Mohon Kumar
September 16, 2013 at 10:03 pm
Here is the link to United bank of India’s site http://marker.to/69z7Jg
Sachin
September 20, 2013 at 6:20 pm
So Under which head this income will come? Income from other sources or any other and What would be tax lability?
Mohon Kumar
September 23, 2013 at 4:39 pm
If the amount of winning is under $2500 then this could easily be brought to India as Inward remittance (Exactly the same way millions of Indians from America and Europe sends money to India).
But if the winning is bigger than that or if you win the jackpot then you will probably have to go to the country where the ticket was bought and then claim the prize from there.
If I win $1 million or more. I will go to America to claim the prize on a visit visa then buy a house there or invest some money to get my citizenship . They give you citizenship if you buy a house in certain area or if you invest certain amount of money there.
sachin
June 11, 2013 at 6:36 pm
Thanks
TRISHOOL FRIENDS
June 30, 2013 at 1:15 pm
Is there a provision to request ADVOCATE COMMISSION to accampany the Poice during recreation club raids in KARNATAKA STATE? Please reply.
Jay Sayta
July 2, 2013 at 4:57 pm
No there is no such provision.
TRISHOOL FRIENDS
June 30, 2013 at 1:28 pm
Is there a provision to request the Police to conduct raids on Recreation clubs in presence of ADVOCATE COMMISION in KARNATAKA STATE? Please reply.
Devang Dave
July 29, 2013 at 3:41 pm
Hello Sir, I just need to ask one more thing, if i win a mojor lottery from playhugelotto.com, what is the procedure to pay tax to income tax dept.? wil it be directly deducted from my bank account or will have to physically go to their office to pay up my taxes. ??
Thank You.
Jay Sayta
July 30, 2013 at 12:18 am
You will have to physically pay the same during annual returns since foreign lottery company is unlikely to deduct it from winnings.
shekhar
August 3, 2013 at 3:44 pm
Dear sir
I am resident of gujarat. can i purchase lottery ticket from maharastra. and i win ticket is valid to clam lottery
pls sir give my answer
Jay Sayta
August 4, 2013 at 12:13 pm
Yes if you purchase a lottery ticket when you are situated in Maharashtra (even though you are a resident of Gujarat) you should ordinarily be able to claim your winnings legitimately.
tom
August 13, 2013 at 2:48 pm
Dear Sir,
Do you have any info on the legality of prediction games with regard gambling laws?
Many thanks
Jay Sayta
August 15, 2013 at 3:23 pm
Prediction games would ordinarily be illegal under Public Gambling Act or State Gambling laws but this is not a rigid position; it would depend on the kind and format of game and element of skill involved.
shaan
August 27, 2013 at 2:36 pm
online gambling.
Scenario:
if I visited country say USA,I went to the some X casino, I played blackjack there and won some money there,
will law of India will put me behind the bars for act of gambling when I return to India?
Suppose I am in India in New Delhi and I will play online blackjack on that same X casino and now I have committed a
crime of play blackjack which is prohibited?
Why?
online concept say that you don’t have to be physical present at the place.
for example submission of form, bank payments, etc.
So the whole concept of online is dead here.
Jay Sayta
August 27, 2013 at 2:49 pm
@Shaan- No that situation not possible as per current laws.
Shaan
August 29, 2013 at 10:38 am
In Goa, gambling(casino) is legal (onshore and offshore).
If someone plays online gambling(casino) in Goa, will it be legal?
I mean whether online gambling is legal in Goa?
Jay Sayta
August 29, 2013 at 11:05 am
No the license conditions and Act clearly mention the manner of playing games; through machines or cards in the premises of the casino and given legal implications in other states; so I don’t think online gambling from Goa casinos is a possibility as of now.
donkey
August 29, 2013 at 9:55 pm
is it legal to play online poker in pokerstars or adda52 etc from india? Their sites say that it is but ive been hearing mixed opinions and want some clarity in this situation
Jay Sayta
August 29, 2013 at 9:59 pm
The law is ambiguous but it is unlikely that there would be any civil or criminal liability on the participants.
donkey
August 30, 2013 at 12:36 pm
does this mean its safe to play online? I’ve seen a lot of people playing online and paying taxes without much issue. I would like to play since poker is a very interesting game and am still fairly unsure of what to do
Jay Sayta
August 30, 2013 at 6:40 pm
Generally speaking, yes there should not be any legal complications in playing online poker from India except with respect to the taxation and remittance angle.
Devang Dave
August 30, 2013 at 1:46 pm
do income tax dept or any govt. org. have tracking system if there’s huge amount of money coming outside of country to any indian citizen’s bank account?
Jay Sayta
August 30, 2013 at 6:41 pm
Yes, through PAN numbers and obligation of the banks to divulge details, Income Tax department is aware of amounts remitted from abroad.
donkey
September 6, 2013 at 12:02 am
At what point do I have to pay taxes on poker winnings? I heard somewhere that tax brackets are not the same for winnings from poker, does this mean that i have to pay taxes on small amounts (~10-20k inr) aswell?
Jay Sayta
September 6, 2013 at 11:34 am
The rate is 30% flat. Any winnings over Rs. 10,000 the organiser is responsible to deduct tax before giving the prize.
donkey
September 7, 2013 at 12:25 pm
So if the organiser doesnt deduct said tax am i responsible or is he? Also, do i need to pay further tax after it is deducted at the source? Some sites like adda have a policy of deducting the tax before winnings are awarded, does this mean I do not have to pay any tax after this deduction?
Sorry for asking so many questions :p Its all just so confusing
Jay Sayta
September 7, 2013 at 12:34 pm
If organiser deducts and issues TDS certificate you are not liable to pay tax. If organiser fails to deduct then he is liable to fines and penalty as per Income Tax Act, but you are also liable to declare the income at the time of filing returns and pay tax.
Kesar Verma
September 7, 2013 at 11:37 pm
First of all, thanks to you for all ur efforts in providing all the information about lottery vis-a-vis India. Great effort Sir.
I have two questions and shall be very grateful if u answer:
1. I am a resident of state of Haryana. Can I play online the myplaywin lotto games (hosted at Maharshtra). If I hit jackpot, will I be able to legally claim prize money.
2. Can I play online foreign lotteries like US Powerball through serice providers like Playhugelottos.com. Will I be able to claim my prize money. Also how reliable are these ticketing service providers like Playhuge lottos.
I shall be very grateful
regards
Jay Sayta
September 8, 2013 at 9:37 am
1) No even online lottery is not permitted in states where it is barred, I think Haryana falls in that category.
2) Remittances for the purpose of US lotteries will be hit by FEMA and hence there would be potential penalty for such contravention.
Kesar Verma
September 8, 2013 at 10:35 pm
Thanks Sir
sanjay
September 18, 2013 at 2:48 pm
Sir, I am from Karnataka, Can i play international online game like playhugelotto, if i win jackpot & if i am ready to pay 30% tax, is this allowed?
Jay Sayta
September 18, 2013 at 2:57 pm
No it would not be possible under present FEMA laws.
sanjay
September 18, 2013 at 5:11 pm
SIR, this is what i got reply when asked about FEMA laws in india, is it possible to transfer if we win large amount?
Anyone can play via our service from anywhere in the world.
The ticket price you pay covers the service that we provide. The service includes lining up on your behalf and purchasing the tickets from a retail outlet, hence the ticket price being higher than the standard ticket cost. PlayUKinternet has ticket purchasing offices, as well as various support staff, around the world to include Australia, Europe, Africa, Far East, North and South America that facilitate the purchase and the claiming of prizes.
This is perfectly legal owing to the fact that the tickets are purchased by our staff members that are legally entitled to do so. In the event of a win, we conclude the claiming process in order to obtain the winning amounts on your behalf.
To summarise, we are a ticket purchasing agent: you play and we claim on your behalf no matter in which country you are based
arun
September 19, 2013 at 11:05 am
hello jay,
can I bet using neteller for bet365 site from bangalore
it is legal or illegal……!
Jay Sayta
September 19, 2013 at 12:50 pm
It will fall under FEMA restrictions.
rakesh
October 5, 2014 at 12:25 am
How will a neteller (UK based company) to Bet365 (Another foreign company) transaction fall under Indian Laws?????? It is true that if i deposit money to neteller (even if Neteller is in INR) it falls under FEMA.. but the transaction between neteller and bet365 may not fall…. please clarify
william
September 26, 2013 at 1:33 am
Dear Jay,
If an Indian citizen won a lottery jackpot while he’s in U.S what would be the tax he need to pay in India? i guess it’s not illegal.. as far as i know there’s law about winning foreign lotteries. Thanks..
Jay Sayta
September 26, 2013 at 7:45 am
In this case, the citizen will have to pay tax in India unless there is a DTAA with USA to the contrary on the subject of lotteries.
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Santanu Bhattacharya
November 28, 2013 at 10:01 pm
Sir, I am a resident of Gujarat. Can I play any online or any state lottery in India and claim prize after paying taxes?
Jay Sayta
November 28, 2013 at 10:35 pm
Lottery is not permitted in the State of Gujarat.
Shaan
December 2, 2013 at 6:35 pm
Thank You Jay Sir for your comments so far.
Suppose I am funding neteller in INR, from Neteller to gaming sites in again INR. Same way the withdrawing part.
will there be a violation of FEMA?
Jay Sayta
December 2, 2013 at 7:25 pm
If the entire transaction is in INR then there won’t be any FEMA implications.
Priya Reddy
December 29, 2013 at 12:20 am
Hello sir I want to know that if I take hand loan from some clients or friends and play online lottery in maharashtra or andhra pradesh and earn winning or commission its legal or unlegal and if I pay tax for money which i earn from online lottery so its
Legal or unlegal.pls suggest
mukesh kumar
March 27, 2014 at 6:46 pm
Legal
Gaurav
January 2, 2014 at 2:00 pm
Hi Jay,
Wish you a happy new year. Can you please contact me via Skype for email. Thanks, Gaurav
PB
January 2, 2014 at 4:09 pm
Dear Jay Sayta,
May I request you to pls share with me your email ID. I would like to start an online gaming service for children as well as adults and would like to rake your advice
Thanks and regards
PB
mukesh kumar
February 16, 2014 at 6:40 pm
Hi I m intresting to play online myplaywin lottery . Is this legal in uttarakhand state? Can i get winning prizes?
Jay Sayta
February 16, 2014 at 6:46 pm
Lotteries are not legal in Uttarakhand.
mukesh kumar
February 16, 2014 at 8:18 pm
Can I play any online lottery (indian or foreign) from uttarakhand state ?
Jay Sayta
February 16, 2014 at 8:28 pm
Mukesh, you cannot legally play lottery from Uttarakhand state.
mukesh kumar
February 16, 2014 at 8:38 pm
I m permanent resident of uttarakhand. But if I m living in other state where lottery is legal then ?
Mohit
February 18, 2014 at 11:25 am
Hello Jay Sir,
I wish to know that if I withdraw money earned by me on bet365(poker) through Neteller, will it be legal under FEMA rules ? Does the entire transaction have to be in INR?
Regards
harsh
March 27, 2014 at 6:51 pm
hello sir,
i want to open an office where i can invite people to play on an online gambeling website. What is the punishment if police catches me.
I am from Punjab.
please reply soon…
Jay Sayta
March 27, 2014 at 7:55 pm
The provisions of Punjab Public Gambling Act and other laws may be attracted and you would be looking at maximum few years imprisonment and/or fine.
jimmy
March 29, 2014 at 2:22 pm
Can I play any online lottery (indian or foreign) from punjab state ?
Jay Sayta
March 29, 2014 at 2:24 pm
No playing online lottery is not permitted from Punjab.
rani
April 3, 2014 at 3:53 pm
hey great information, can you please tell me the 17 states of India where lottery system is banned ??
Jay Sayta
April 3, 2014 at 4:22 pm
As of now lottery is banned in all states with the exception of Maharashtra, Punjab, Kerala, Goa, Sikkim, Nagaland, Bodoland (Assam) and Meghalaya.
shivu
April 15, 2014 at 12:40 pm
sir i reside i karnataka.. and i want to buy kerala state lotteries .. how.. and if i win , how to claim them , as lotteries are banned in karnataka
Jay Sayta
April 15, 2014 at 1:11 pm
Lottery is not permitted in Karnataka, hence you cannot buy lotteries in the state.
shivu
April 16, 2014 at 11:39 am
if i go to kerala and buy lotteries..is it ok??
Jay Sayta
April 17, 2014 at 2:47 pm
I think proof of residence is required in claiming lottery and hence going to Kerala and purchasing lotteries will not help.
Pucha
May 31, 2014 at 4:43 pm
I am from West Bengal. Can I play myplaywin lotteries through online, as offline lotteries are banned.
kamlesh
May 31, 2014 at 10:50 pm
dear sir,
as crediting e-wallet like neteller for participating in online internationl lottery is not allowed under FEMA regulations , i just want to know
– despite knowingg this clause ,if i remit the same from mine account with mine bank to netellar account and then remit to online sites then what would be the penalty.
– can i ask some of mine friend staying abroad to credit mine neteller account & i can repay him later . will it be okey or will it also attract some penalty.
please guide
Jay Sayta
June 1, 2014 at 11:30 am
Penalty under FEMA is upto thrice the amount in question. Its a matter of interpretation whether transaction with your friend abroad would constitute violation of FEMA.
kamlesh
June 1, 2014 at 3:29 pm
thanks for prompt reply…
one more issue …
if the penalty is thrice of amount remitted to india after winning , why would anyone bring the money back to india..
Jay Sayta
June 1, 2014 at 3:34 pm
Because the FEMA provisions are not strictly implemented and these remittances go unchecked.
dhaval
July 3, 2014 at 10:21 pm
respected sir,
i will make a online chess tournament play and won i think this is a gambling but some problem. in website payment get way license problem because this is gambling. i from gujrat. so please help me to make a this website which type of prosizer to make website online chess tournament gambling in gujrat and india license.please
Jay Sayta
July 6, 2014 at 12:21 pm
There is no problem if online chess games are offered for stakes.
dhaval
July 10, 2014 at 12:11 am
but many people said that is gambling because payment gatway in this website
vignesh
July 22, 2014 at 1:58 pm
SIR
I LIVE IN CHENNAI.I USE TO PLAY IN WORLDWIDE LOTTERY SITES LIKE PLAYHUGELOTTOS,THELOTTER,LOTTOBROKER,ETC.I WANT TO CONFIRM WHETHER I CAN CLAIM A JACKPOT LEGALLY IN INDIA,IF I WON,ACCORDING TO THE RULE,HERE.PLEASE REPLY.
mayur salunke
July 30, 2014 at 2:57 pm
is visiting betting sites prohibited in india?
Vipul
July 30, 2014 at 5:38 pm
Sir,
i live in haryana. can i play Sikkim state gov. approved
playwin super lotto games online from here i.e, from
haryana.
could i claim or get wnnig amount win by o nline pplayilinng.is there any rule in haryan which resist online super lotto n other state gov. lotery.
lease
Jamy
August 6, 2014 at 4:41 pm
Hi Jay
Can I play thelotter.com from Gujarat online.
baye lal
September 1, 2014 at 3:23 pm
what punishment (maximum) of gambling in india in own house?
gaurav
September 26, 2014 at 4:52 am
Can we play online from haryana on myplaywin.com.will we get the money if we won jackpot
Ramona
September 30, 2014 at 1:38 pm
Hi sir,
Can I play national lotteries online like Kerala or Sikkim from Goa? Is it legal? will I be able to claim my winnings?
Thanks in advance.
Jay Sayta
September 30, 2014 at 6:00 pm
Online lottery is not permitted, however you can purchase paper or online lotteries from terminals in Goa.
gaurav
October 2, 2014 at 2:54 pm
Hi jay.plz reply can I play online lottery from haryana on..myplaywin.com.
Jay Sayta
October 2, 2014 at 5:17 pm
Its not permitted.
gaurav
October 2, 2014 at 2:57 pm
I bought a card from pune.but I live in delhi.can I play onlinelottery of myplaywin.com plz reply
gaurav
October 2, 2014 at 2:59 pm
What abt supreme court decesion on playwin lottery in india
ARJUN
October 3, 2014 at 3:22 pm
if i want to play sikkim lottery what is the best way,from where will i get the ticket or whatever to play,any suggestion
Balasubramaniam Ts
October 5, 2014 at 7:50 am
Hi
What are the rules for starting a raffle contest for fund raising for a cause ? Thanks bala
Shristi
October 21, 2014 at 1:52 pm
What laws would be applicable to a lottery gaming app in India?Where you would be buying tickets to take the quiz & winning prizes for correct answers?
Jay Sayta
October 22, 2014 at 10:53 am
If there is a consideration and prize is given through draw of lots S. 294-A of IPC and/or equivalent state legislations would prohibit it. Lotteries would only be permitted under the Lotteries (Regulation) Act, 1998. However, if it is a quiz contest involving a degree of skill, such an app is likely to be legal.
vikas kumar
October 28, 2014 at 11:39 am
Hi
Wanna open legal casino in delhi will it be possible
Jay Sayta
October 28, 2014 at 11:48 am
No its illegal to set up a casino in Delhi.
gaurav
October 29, 2014 at 12:48 pm
I bought a card from pune and I m living in haryana. Can u plz tell me sir can I play online playwin lottery on mobile.
veer ram
November 2, 2014 at 10:38 am
I am reside of rajasthan can I play online lottery through Internet With my play win card
vignesh
November 12, 2014 at 10:20 am
SIR
I LIVE IN CHENNAI.I USE TO PLAY IN WORLDWIDE LOTTERY SITES LIKE PLAYHUGELOTTOS,THELOTTER,LOTTOBROKER,ETC.I WANT TO CONFIRM WHETHER I CAN CLAIM A JACKPOT LEGALLY IN INDIA,IF I WON,ACCORDING TO THE RULE,HERE.PLEASE REPLY.
Hemanth
November 20, 2014 at 2:11 pm
Hi, i want to start up online gambling business, Can any one advise how and where to take permission. is there any consultants or lawyers to help me out. very urgent
Emen
December 3, 2014 at 1:18 am
Dear Jay Satya,
Suppose I won Jackpot of foreign lottery and got claimed @ host country on visit visa. Can I buy immovable properties with the amount? If yes, can I transfer to my Indian Bank a/c after sold? If no, can I transfer to my relatives or friends bank A/c who are staying @ abroad(NRI) as they can send in any form right!. Your advise would be appreciated if you can effort.
Note: Here I am showing the amount in the form of lands, or any other immovable properties and NRI amount as well instead of Lotto amount.
Warm Regards,
Emen, Andhra Pradesh
jitendra
December 3, 2014 at 4:53 pm
sir,I m from u.p and my residents also in U.P.just. I want to know that can I play online playwin lottery.I hv bought myplaywin card from mumbai.Jay sir plz reply.,…
yogesh
December 8, 2014 at 2:24 pm
Dear sir,
I wish to open online site for lottery/casino/gaming.1)Are there some prerequisite to get servers installed in sikkim.2)what is registration process to get licence or any approvals to operate.3)can someone from other state get it registered in Sikkim.4)rough idea about capital involved in taking licences or approvals.
parag
December 13, 2014 at 5:48 pm
if I play online casino games and I win some money then I withdraw it from neteller or paypal and I bay something by this money on amazon or other websites so it is legal?
JEET
December 25, 2014 at 11:02 am
Hey I was going through lotto india then I saw an ad where playing lotteries of other country is legal as it is outside of India’s jurisdiction.Although you have to pay the taxes if you win,I think this is nonsense first you don’t allow and then ask your share.Playhugelottos.com is the website.I have been purchasing tickets…fingers crossed:)
I think atleast playing lotteries should be legalised……as it is very hard to earn money now a days
vaibh
February 20, 2015 at 5:55 am
hi jeet how do you buy tickets ,bcos i have tried every ting and still can’t buy tickets in india,plz help
tushar
January 5, 2015 at 12:41 am
dear jay,
i am living in gujarat, i want to know that can I buy playwin lottery form net at gujarat. is it legal to buy such form GUJARAT and can claim for price money form gujarat?
Jay Sayta
January 5, 2015 at 10:48 am
Buying lottery from Gujarat is not permitted.
nikhil
January 7, 2015 at 12:50 pm
sir if i play roulette in america and started from $1000 but won $1mn that night can i bring it back at india as u said above FEMA stops from taking money from india .
plz reply
nikhil
January 8, 2015 at 12:17 pm
I also want to know can i send that by money gram or western union
Raidu
January 18, 2015 at 6:21 pm
Residing in Karnataka I want to participate in my playwin online of Sikkim let me know the procedure to follow.
Jay Sayta
January 19, 2015 at 6:31 pm
Buying lottery from Karnataka is not permitted.
Sarthar
January 27, 2015 at 1:41 am
Jay Sir,
i was wondering if i cud make a international lottery website from india, what all things i wud b needing legally..
Im based in pune..nd so will be the website, and the money that ppl will win inside india- there money will b delivered..(if cant b deposited-due to FEMA restrictions) and.. firangi’s can win from it too… And their funds can be transfrd to’em by wire transfer or paypal… What all legal formalties wud b thr, plz elaborate.. PLEASE!
Jay Sayta
January 27, 2015 at 11:12 am
There would be FEMA and taxation related problems in this proposed project apart from criminal liability for running illegal lottery.
rahul
February 14, 2015 at 10:24 am
That’s why i hate this country..one leg is in the future and one leg is in the past..guyz you can’t do anything here.wine,cigrattes,tobacco is totally legal in this country while thousands of people die every year using these things. why???
you know why india is not developing because of this stupid government and its ancient rules…..
thanks to this government for giving us a hell life..
if someone have any problem with my words then plz tell me if this government is really so good then why india is a beggers country..
and plz block these all sites including porn sites as well if fema has so many problem with gambling…
Sudhir
February 15, 2015 at 2:28 am
I am paly usa lottery can you legal India online paly plz ansewr
Sudhir
February 15, 2015 at 2:31 am
Sir Thelotter.com USA LOTREIY TICKET PURCHAS AND WIN THE JACKPOT IT IS LEGAL INDIA
Sudhir
February 15, 2015 at 2:38 am
Sir I am win the jackpot USA lottery THELOTTER. COM SITE Thurhu my winning the jackpot many transfer India.. It is legal mony transfer India plz answer
nikhil
February 23, 2015 at 4:08 pm
sir,
if i win some money in las vegas its nearly $21500
i have my brother who is agreen card holder and resides in texas and i got made that cheque on my brothers name and it has been credited in his acc now if he sends that money to our joint account in india will there be any taxes as he paid there also and any other issues like due to FEMA
plz reply
shiv
March 7, 2015 at 6:37 am
Can an Indian student in europe legally play international lotteries abroad & invest the winning amount in the ticket purchasing country & open a foreign bank account legally in foreign country without violating indian law? Also can I play & claim foreign lotteries win through online although I am ready to pay applicable taxes.
Gaurav
March 15, 2015 at 7:41 am
Plz. let me know playing online lotto or other online Indian lottery from Haryana is permitted or not? If I won jackpot can I claim it or not?
rohit kumar
April 6, 2015 at 4:16 pm
will playwin lotto restart in punjab?
is there any ammendment about lotteries
in punjab budget 2015 -16
prashanr
April 11, 2015 at 1:28 pm
hello every one any one help out about for more details about lottery concept and if want to start on android aps. whats formality we have to check and whom to take permission or pay fees related.
Achal Kumar
May 17, 2015 at 10:14 pm
Hello sir….. Is it so that an NRI working in UK or any other country where betting is legal, free to involve him/herself in betting or is it applicable for the NRI’s irrespective of him working abroad….??
prakash k
May 29, 2015 at 9:16 pm
Hi. Pls tell me if I can start lottery like scheme in goa? What would be the formalities?
ajay
May 30, 2015 at 4:49 pm
hi,
i need to run a club to play cards in Maharashtra, please let me know if there are any license to be taken , also the Bombay high court has given permissions to three big clubs to run there clubs and the police will interfere minimum, so is it possible to run a club for my members to play rummy without police interference without cash ,
Amit Dixit
June 9, 2015 at 11:38 am
I am very much interesting in online game business. If u have any details about online lottery in Haryana Pls.mail me . Now Haryana allow online lottery licence?
Amit Dixit
June 9, 2015 at 11:43 am
Pls tell me if I can start Online lottery like scheme in Haryana? What would be the formalities and officer’s contact?
Amit Dixit
June 9, 2015 at 12:01 pm
Dear sir,
I wish to open online site for lottery.1)Are there some prerequisite to get servers installed in Haryana.2)what is registration process to get licence or any approvals to operate.
Jay Sayta
June 9, 2015 at 12:10 pm
Lottery is illegal in Haryana and no such scheme can be started.
Amar
June 24, 2015 at 11:35 am
Sir can I able to play thelotter.com online lotteries
I am from jharkhand??? Plz answer me need to know urgent
amar
June 24, 2015 at 12:30 pm
sir I am from jharkhand India I want to play thelotter.com online lotteries can I able to play this plz thanks answer me
Jay Sayta
June 24, 2015 at 3:11 pm
It is not legal to play such lottery from Jharkhand.
Amar
June 24, 2015 at 3:17 pm
Players from India are now able to play Powerball or Powerball with Power Play by using an online ticket concierge service. Visit the
How to Play page for more information on playing Powerball from India. Is this correct or wrong
Jay Sayta
June 24, 2015 at 3:20 pm
Playing such a lottery would be FEMA violation
BANSI
June 30, 2015 at 4:58 am
A FRIEND OF MINE IS GETTING ARRESTED BY M.P. POLICE UNDER 4/3 ACT OF GAMBLING ACT, ACTUALLY HE IS GOING FOR THE COMPUTER SETUPS AND GET ARRESTED .
CASE S UNDER TRIEL SCIENCE 2 YEARS WHAT CAN WE DO.
Jay Sayta
June 30, 2015 at 11:29 am
Kindly contact me over email.
srinivas
August 28, 2015 at 11:47 am
Dear sir,
can i start online lottery business in india??
jitendra
August 31, 2015 at 5:35 pm
Sir i want to start a lucky draw scheme of 500 members,i will open a showroom of electronics and will promote my showroom by asking people to book an LED tv from us and get a chance to win some bumper prizes which includes cars,bikes some cash prizes and the remaining will be getting an LED for sure……plz help me on this,i am from delhi and haryana as well
jitendra
August 31, 2015 at 5:39 pm
Updating my previous comment…i would like add that out of 500 members 30 will win the bumper prizes and the remaining will get an 32 inches LED tv for sure….every member have to pay the monthly installments of 1800 for 12 months…..now please help me in making it legal somehow..
Joseph
September 11, 2015 at 3:30 pm
If I won Dubai duty free millionaire lottery.( Winning amnt. is US one million dollar. ) Can I bring this amount legally into india ?
meer
September 11, 2015 at 7:14 pm
Dear jay, some state gov.has banned the lotteries but it should be left to individuals to play or not to play where lottery is legal thru online atleast within india,why they are forcing who just play in a month only 2 to 4 draws. can u fwd his msg to law makers.
aryan
September 12, 2015 at 3:18 am
sir..
if somehow sale coupon with a number and gives a gift or gives a gift item amount in cash which is winning number matchs as per the coupon at westbengal.So,is it legal or offence . please reply sir
aryan
September 12, 2015 at 3:23 am
in india have any rules or law where mention that .. nobody can’t sale any gift coupon and you don’t gives a gift as a coupon company owner or nobody can’t sale gift coupon on regular based. Please help me out sir.
krishna kumar mishra
September 17, 2015 at 10:13 pm
sir can i elegible for punjab cupan lottery from rajasthan
sathish
September 22, 2015 at 10:57 pm
Sir playing andhar bahar for second time and caught does goonda act apply in karnataka
Rahul Mishra
September 28, 2015 at 1:52 am
Hi Jay, i have 1 v simple doubt in between prize n lottery winning Games. Suppose if someone wins Audi R8 in some game with the ticket of say 50INR so if someone gets price not in the form of money but through other things like Car, bikes, phones so whether such games also comes under lottery act?? Whether such games too required gambling liscence?? Pl help…awaiting for ur kind response…or pl mail me on [email protected]
sameer khan
October 3, 2015 at 5:44 pm
overseas lotto online that is powerball usa australia allowed or not?can anybody clarify
sameer khan
October 3, 2015 at 5:45 pm
living in india is powerball usa australia allowed?can someone xpert answer
Deepak Birla
October 24, 2015 at 12:22 am
There are game zones in malls in rajasthan like in jaipur and udaipur, in that game zones there are sloting machine games, wheel games, color games etc. If somebody wins he has to buy some products from the same game zone.
I’m also running a roulette wheel game after winning one can purchase item of rs. same value from shops in mall.
I’m giving them shopping coupons which will be acceptable at various shops in same city.
Let me know is it legal
Deepak Birla
October 24, 2015 at 12:22 am
There are game zones in malls in rajasthan like in jaipur and udaipur, in that game zones there are sloting machine games, wheel games, color games etc. If somebody wins he has to buy some products from the same game zone.
I’m also running a roulette wheel game after winning one can purchase item of rs. same value from shops in mall.
I’m giving them shopping coupons which will be acceptable at various shops in same city.
Let me know is it legal
Deepak Birla
October 24, 2015 at 12:22 am
There are game zones in malls in rajasthan like in jaipur and udaipur, in that game zones there are sloting machine games, wheel games, color games etc. If somebody wins he has to buy some products from the same game zone.
I’m also running a roulette wheel game after winning one can purchase item of rs. same value from shops in mall.
I’m giving them shopping coupons which will be acceptable at various shops in same city.
Let me know is it legal
Deepak Birla
October 24, 2015 at 12:27 am
In a casino theme private party like society party, birthday party, kitty party does casino games like roulette table, poker, black jack are allow?
sreeram
October 24, 2015 at 11:21 am
Sir , I have few queries …. Actually I want to start a online gambling site like ace 2 three and rummy circle .com… Is it possible to start .. Because am just a student am not a big shot …… If its possible to start please kindly inform the procedure and where you to get permissions for that and then how much should be the investment for this …. This is what my questions sir … Hope u reply me as soon as possible …
Deepak Birla
October 26, 2015 at 5:38 pm
Jay sir pls reply me
There are game zones in malls in rajasthan like in jaipur and udaipur, in that game zones there are sloting machine games, wheel games, color games and probability games etc. If somebody wins he has to buy some products from the same game zone like teddy bear etc
Is it legal?
Deepak Birla
October 29, 2015 at 7:16 pm
Is gambling allow in private parties like birthday, kitty etc. in rajasthan
Gs
November 4, 2015 at 5:32 pm
Jay, what an incredible blog. Qq..Is fantasy cricket like those offered by cricbattle or dreams11 legal? I believe both keep a certain % of the player contribution? Where can we email you for some more opinions?
Thanks
Anonymous
November 25, 2015 at 6:23 pm
Hi Jay,
I am planning to start an online poker website in India. Can you please tell me what all legal documents will be required and points we should keep in mind and which location players we should restrict to smoothly run the business?
Secondly, talking about the bank account through which we will be making all the transactions, are there any limits?
Will the bank put any case on us if they come to know that we are making transactions for online poker site.
Apologize for a long question. I tried to research a lot on the net but couldn’t get firm answers to all these questions.
Thanks
Sonika
December 1, 2015 at 9:52 pm
Sir
Can I pay fee or small deposit on online site which draws physical prizes like mobile phones rather than cash returns. Is this legally allowed in India.
Jaipal
December 26, 2015 at 12:39 pm
Can I open a online prize contest in Haryana ?
It will be illegal or how to get licence ?
Jay Sayta
December 28, 2015 at 5:07 pm
it depends on the exact structure of the prize competition
freakshow
January 2, 2016 at 3:22 pm
sir police caught me playing poker in house, asking 15000 rs, whatta do?
Jay Sayta
January 3, 2016 at 9:13 am
you argue that it is a game of skill and therefore not illegal
carrie
January 2, 2016 at 10:59 pm
Respected sir, I was invited to a website called theselfielottery.com I am from Bangalore can I join this website .it pays via paypal.it is frer of cost and it funds the daily draw from ads revenue. You only have yo post your selfie. Cud u please research the website n tell me if I can join it or not
Giri
January 17, 2016 at 6:26 pm
Hello Jay,
I had a very serious problem regarding gambling and wanna contact you… Could you please give me your E-mail so that I could contact you… Thank you.
Jay Sayta
January 18, 2016 at 11:18 am
[email protected]
pradeep
January 21, 2016 at 10:11 pm
Hi sir.
I am from haryana..
I have one ques..
If i play online lottey like poweballor euro million ..s it legal or illegal .. n if any chance i win … can i get money
NEHA BANSAL
January 29, 2016 at 5:24 pm
Dear sir
i buy punjab state lotteries before 2 years regular but i cn’t faced any problem like this.and one time i play slots.
Is this legally allowed in India.
Sohan Singh
February 9, 2016 at 7:07 pm
Hi Boss,
I just want to know that can I play Myplaywin online and Punjab state ticket lotteries from Delhi. Is it legal as per Indian gambling law.
DEV JEEBAN
February 15, 2016 at 1:39 pm
DEAR SIR,
i M RESIDENT OF ODISHA STATE.
I WANT TO BE PLAY RUMMY.
CAN I PLAY?
IF I PLAY THEN ODISHA GOVT CAN PUNISH ME?
rohit
February 18, 2016 at 6:31 pm
Sir I want to use bet365 at any cost. I am live in rajesthan .sir plz tell me it legal or not .according to lodha committee it is legal so plz tell me can I use it or not.if it illegal in sprite of I wanna use bet365. I highely grateful to you if u show me the way of use bet365 without any risk.
anin
February 19, 2016 at 8:51 pm
Dear sir I am using bet365 since 3year .plz tell me will police caught me onecday.it’s a big crime . plz tell me right ans as soon as possible.
Arjun
February 22, 2016 at 3:37 pm
Dear Sir I am residents from Gujarat I can play win lottery in win price
arjun
February 22, 2016 at 6:30 pm
Dear Sir I residents from Gujarat. can I play setardaysupar lotto. I purchase to lottery ticket. Is won to claim price? Please ans
arjun
March 4, 2016 at 10:58 am
Hello sir.i won 56 thousands in poker on pokerstars. Com website.i wants to withdraw to my bank through ewallet sites like Neteller or skrill.is there any problem from my bank.can I able to withdraw every month with yearly tax deduction .
Ayush Pawar
March 20, 2016 at 4:39 pm
Hey jay, I want to start a lottery company, can yu please help me out on the process. I live in dehradun, n want to start lottery in ddun(U.K), saharanpur, noida, grnoida(U.P), delhi.
Please tell me elaborately bout ddun, how to get license, if its allowed to establish lottery, procedure to set up company, n who’s office I’d have to knock.
Thanks.
shah irfan
May 10, 2016 at 9:04 am
Sir ..iam open casino ..this ayoter games …can u parmition …can licince prvide me….
Siddharth pandey
May 19, 2016 at 10:44 am
Hello sir i am going to design a portal where the people will come and register first and will bet in themselves and then the person who will be winning the bet will have to give some part of his winning amount to the web portal
for example two people are betting 1000 rs on an ipl match
1st one opted for Rcb and the other opted for kxip and then if the first one won the bet then he wilk be getting a profit of 1000 rs so he will have to give some percent to the website and rest he could redeem to his bank account
so my question is that what permissions i will have to take from the government of india in order to start this web portal??
Vikramv
May 31, 2016 at 11:45 pm
to jay
HI JAY
I resident of Punjab state and I want to play myplaywin lottery
through myplaywin cards via SMS to 57575, Can I play this or eligible
to claim the high tier prize. Moreover, Can I also play online
lottery from playhugelotto.com like US UK powerball lotteries..
Please reply the same urgently.
with regards
Vikram Chauhan
Dash mane
June 22, 2016 at 6:40 pm
Sir I m planning to star the lottry business do u provid gaudance regarding licencing if yes so give me ur no or email I’d so I can cordite with u
Jayanto Dey
August 21, 2016 at 9:56 pm
Respected Sir,
I need your assistance please.
It is months that I have been playing International Lotteries online from http://www.thelotter.com. This site seems to be authentic, under GeoTrust as they are not gambling organizations they only provide services. I have also won lotteries around $250 in these two months. I received the money and I used it to purchase more tickets.
The money that is debited from my account is under the name of “Aikmina Services Limited” or “The Lotter” as the services include lining up on my behalf and purchasing the tickets from a retail outlet, hence the ticket price being higher that the standard ticket cost. They also claim my wins and transfers the amount to my online account that I am free to buy more tickets or withdraw.
Now suppose if I win the jackpot, ‘thelotter’ will help me claim the winning amount by sponsoring my trip to the respective country where the draw took place but what should I do to bring the money to india?
Please help.
tinku
September 6, 2016 at 8:33 pm
Online lottery is legal in chhattisgarh or not plz tell…..
Jay Sayta
September 7, 2016 at 5:37 pm
Its not legal in Chattisgarh
waseem
September 9, 2016 at 4:36 pm
I want to start a online lottery in which i collect a small amount online from many peoples like 10Rs from 1000 peoples and i will choose a lucky member by lucky draw and prize will be a phone or anything except money .. is it legal or i have to ask any permission ? please let me know… thanks
Shiv
September 20, 2016 at 2:27 pm
Can I play lottery in Singapore if I am in Singapore on work permit visa? Can I legally play and claim in case of any big win?
Secondly there is no tax deduction in case of lottery win amount in Singapore so what would the amount of tax percentage I need to pay in India?
Jay Sayta
September 20, 2016 at 2:31 pm
You can participate in the lottery. If you are a non-resident in India under Income Tax Act then no tax is applicable to you in India and if you are then tax payable at 30%+surcharge under Section 115BB of the Income Tax Act.
Sachin
September 23, 2016 at 5:15 pm
Respected Jay Sir
It is months that I have been playing International Lotteries online from http://www.thelotter.com. This site seems to be authentic, under GeoTrust as they are not gambling organizations they only provide services. I have also won lotteries around $250 in these two months. I received the money and I used it to purchase more tickets.
The money that is debited from my account is under the name of “Aikmina Services Limited” or “The Lotter” as the services include lining up on my behalf and purchasing the tickets from a retail outlet, hence the ticket price being higher that the standard ticket cost. They also claim my wins and transfers the amount to my online account that I am free to buy more tickets or withdraw.
Now suppose if I win the jackpot, ‘thelotter’ will help me claim the winning amount by sponsoring my trip to the respective country where the draw took place but what should I do to bring the money to india?
Shiv
September 25, 2016 at 12:50 am
Hi Satya…A foreign gaming website offers its first line of bet absolutely free as a promotion for its first users of website customers. So can I legally get the money if I win in first free chance of bet because no transaction of money is done which I think FEMA Act is not violated since no transaction of money outside India is made and there’s no mention that a betting without paymenis not permitted and it’s unusual Kind of Betting which is not present in law. The gaming company acts as a bookmaker they pay money based on the official outcome of the actual draw because they pay the amount through insurance company in case of big win and the company claims itself a genuine registered company with guarantees transfer of money to bank account after valid ID proof of confirmation. Thanks for your reply in advance!
Suman
October 2, 2016 at 4:03 pm
Respected Jay Sir,
I leave in Mumbai, i would like to create my own lottery portal,can you advise
1) Whether its legal?
2) If yes, do i require any licence to operate?
3) what is whole procedure ?
Jay Sayta
October 3, 2016 at 12:59 pm
contact [email protected]
Indra
October 12, 2016 at 9:56 pm
Dear Jay,
Greetings. I am a resident of Gujarat . Can I play myplaywin.com online legally thru myplaywin card and Claim the prize if win ? I could see In playwin winners list, there are couple of winners from Gujarat. How they were entitled to claim the winning amount ?
My second question, If I buy lottery ticket physically in Maharashtra during my visit & claim the prize if I win being a resident of Gujarat ?
My third question, can I play International lottery online from Gujarat ?Are there direct website for famous online play for Lotto, Euromillion etc ? or one has to buy through various websites? What are the genuine websites for playing online international lotteries ?
Thank you so much in advance for your expert advise.
Indra
Shiv
November 5, 2016 at 12:58 am
Hi Satya…Big thanks for your support! A foreign gaming website offers free bets absolutely free as a promotion for its users of website customers. Till now I haven’t deposited nor paid any money to purchase tickets. However I have been able to play free bets of lottery. In FEMA Act there is no expressly mentioned that I cannot play even free foreign lottery online. So can I legally get the money if I win in those free chance of bet because no transaction of money is done which I think FEMA Act is not violated since no transaction of money outside India is made and there’s no mention that a betting without payment is not permitted and it’s unusual Kind of Betting which is not present in law. Thanks for your reply in advance!
Shiv
November 17, 2016 at 10:07 am
Hi Satya….will greatly appreciate your response to my above question. Thanks!
poonam s mali
June 5, 2017 at 5:08 pm
dear sir
i am from gujarat can I play playwin supperlotto online with myplaywin.com card
ABHIJIT
June 19, 2017 at 8:01 pm
Sir,
Could you shed some light on the lottery laws in West Bengal ?
I am from WB
Am I permitted to play lottery games from My Play Win site with the card ?
With Regards,
Abhijit
MNGRAO
June 24, 2017 at 6:17 pm
WHY IP ADDRESS IS BLOCKED IN THIS PLAYWIN LOTTO GAMES
MNGRAO
June 24, 2017 at 6:20 pm
THANK U FOR YOUR SUDDEN REPLY
MNGRAO
ajay sonawane
July 23, 2017 at 9:21 pm
sir muze .. online real money poker or rummy business start karana … adda52 jaisa .. to license nagaland gov . rs rupes me deta gai … auir sikkim gov. bhi license deti hai… minimam price kitana
Robbert
January 7, 2019 at 9:49 pm
Well written and explained. but may i know the states available in india to play lotto.
Sanjay
March 3, 2019 at 7:12 pm
Hi jay sir you are doing great from many years thanks for sharing a great knowldge to us… Keep up the good work…
Check this… Here you can find sikkim state lottery result