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 man’s 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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188 Responses to Gambling Laws in India: An Introduction

  1. Vatsal says:

    so can it be said that gambling is partly legal in India?

    • Jay Sayta says:

      Gambling, as in casinos are only legal to a limited extent in Goa and Sikkim. However, lotteries are completely legal across India.

      • Deepak says:

        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 says:

          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.

  2. Angus says:

    Do you think the Sikkim licensees will be able to market their businesses openly throughout India?

  3. Darshan says:

    I am very much interesting in online game business. If u have any details Pls.mail me. Now Sikkim allow sports licence?

  4. satya says:

    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

  5. SR says:

    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 says:

      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.

  6. [...] article Gambling Laws in India: An Introduction, published on this website on 10th October, 2010 has been copied word-for-word by Mr.Mali in his [...]

  7. Manu says:

    jay, lotteries are at entry 40 of List I. not entry 7.

    • Jay Sayta says:

      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.

  8. Raj says:

    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 says:

      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.

  9. venkat says:

    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 says:

      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.

  10. Thilak says:

    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 says:

      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 says:

      Hi, I am playing online betting (bet365.com) how o pay deposit,deposit pay problem ,pl sir help you email=viramkumar01@gmail.com

  11. Thilak says:

    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 says:

      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.

  12. Thilak says:

    Ok. Thank you Jay Sir for ur valuable information.

  13. Hoshedar says:

    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 says:

      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.

  14. Hoshedar says:

    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 says:

      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.

  15. Hoshedar says:

    Thanks Jay :) You’re doing some great work, and carving a nice niche for yourself. Keep it up!

  16. Rahul says:

    Can anyone tell me which states allow lottery?

    • Jay Sayta says:

      Lottery is allowed in around 12 states in India like West Bengal, Maharashtra, Kerala, Punjab, Madhya Pradesh etc.

      • Nitesh Nagar says:

        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 says:

          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.

  17. ALOK SHRIVASTAVA says:

    Plz. let me know playing online lotto from M.P. is permitted or not

  18. Malay says:

    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

  19. Siddahrth says:

    Could you shed some light on the laws in Karnataka?

    • Jay Sayta says:

      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.

      • 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 says:

          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.

          • 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 says:

            CCTV can be one of the evidences of course, but along with testimony of witnesses and other evidences.

      • Please inform the provisions of Amusement Order 1989 about Rummy with stakes and Rummy without stakes.

        • Jay Sayta says:

          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.

  20. rima says:

    can i place bets online (like betdaq.com, bet365 which accept indian currency.

    • Jay Sayta says:

      Remittance/withdrawal in Indian Rupees though not illegal under the FEMA Rules may still be for an illegal object under other applicable laws.

  21. rima says:

    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 ??

  22. Nitesh Nagar says:

    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.

  23. Nitesh Nagar says:

    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 says:

      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.

  24. Nitesh Nagar says:

    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

  25. amit kumar says:

    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 !!

  26. amit kumar says:

    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 says:

      Online lottery that is to say only online lotteries conducted by Madhya Pradesh or any other Indian state, not foreign online lotteries.

  27. amit kumar says:

    thank you sir ,my respect for you

  28. pooja says:

    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 says:

      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.

  29. pooja says:

    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 says:

      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?

  30. shravya says:

    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??

  31. sahil says:

    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 says:

      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.

  32. satya says:

    My Playwin Lotteries di

  33. satya says:

    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.

  34. radhika says:

    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 says:

      The legality of poker in India is ambiguous at present and no hence there is no provision created for seeking any permissions or certificates.

  35. Sufyan says:

    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….

  36. mohit says:

    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 says:

      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.

  37. 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 says:

      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.

  38. B.R.Sreenivas Achar says:

    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?]

  39. jayant v telang says:

    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 says:

      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.

  40. roshan..... says:

    sir……. is it legal to play in bet365 and to tranfer money through netteler

    • Jay Sayta says:

      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.

  41. B.R.Sreenivas Achar says:

    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 says:

      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.

  42. Raghavan says:

    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 says:

      As I said earlier, technically FEMA restrictions prevent withdrawal and use of foreign exchange for lottery purposes.

  43. Devang says:

    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 says:

      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.

  44. rahul says:

    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 says:

      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.

  45. sachin says:

    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 says:

      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.

    • Mohon Kumar says:

      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 says:

        Here is the link to United bank of India’s site http://marker.to/69z7Jg

        • Sachin says:

          So Under which head this income will come? Income from other sources or any other and What would be tax lability?

          • Mohon Kumar says:

            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.

  46. sachin says:

    Thanks

  47. Is there a provision to request ADVOCATE COMMISSION to accampany the Poice during recreation club raids in KARNATAKA STATE? Please reply.

  48. Is there a provision to request the Police to conduct raids on Recreation clubs in presence of ADVOCATE COMMISION in KARNATAKA STATE? Please reply.

  49. Devang Dave says:

    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 says:

      You will have to physically pay the same during annual returns since foreign lottery company is unlikely to deduct it from winnings.

  50. shekhar says:

    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 says:

      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.

  51. tom says:

    Dear Sir,
    Do you have any info on the legality of prediction games with regard gambling laws?
    Many thanks

    • Jay Sayta says:

      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.

  52. shaan says:

    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.

  53. Shaan says:

    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 says:

      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.

  54. donkey says:

    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 says:

      The law is ambiguous but it is unlikely that there would be any civil or criminal liability on the participants.

      • donkey says:

        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 says:

          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.

  55. Devang Dave says:

    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 says:

      Yes, through PAN numbers and obligation of the banks to divulge details, Income Tax department is aware of amounts remitted from abroad.

      • donkey says:

        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 says:

          The rate is 30% flat. Any winnings over Rs. 10,000 the organiser is responsible to deduct tax before giving the prize.

          • donkey says:

            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 says:

            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.

  56. Kesar Verma says:

    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 says:

      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.

  57. Kesar Verma says:

    Thanks Sir

  58. sanjay says:

    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 says:

      No it would not be possible under present FEMA laws.

      • sanjay says:

        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

  59. arun says:

    hello jay,

    can I bet using neteller for bet365 site from bangalore
    it is legal or illegal……!

    • Jay Sayta says:

      It will fall under FEMA restrictions.

      • rakesh says:

        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

  60. william says:

    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 says:

      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.

  61. Santanu Bhattacharya says:

    Sir, I am a resident of Gujarat. Can I play any online or any state lottery in India and claim prize after paying taxes?

  62. Shaan says:

    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?

  63. Priya Reddy says:

    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

  64. Gaurav says:

    Hi Jay,

    Wish you a happy new year. Can you please contact me via Skype for email. Thanks, Gaurav

  65. PB says:

    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

  66. mukesh kumar says:

    Hi I m intresting to play online myplaywin lottery . Is this legal in uttarakhand state? Can i get winning prizes?

  67. mukesh kumar says:

    Can I play any online lottery (indian or foreign) from uttarakhand state ?

  68. mukesh kumar says:

    I m permanent resident of uttarakhand. But if I m living in other state where lottery is legal then ?

  69. Mohit says:

    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

  70. harsh says:

    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 says:

      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.

  71. jimmy says:

    Can I play any online lottery (indian or foreign) from punjab state ?

  72. rani says:

    hey great information, can you please tell me the 17 states of India where lottery system is banned ??

    • Jay Sayta says:

      As of now lottery is banned in all states with the exception of Maharashtra, Punjab, Kerala, Goa, Sikkim, Nagaland, Bodoland (Assam) and Meghalaya.

  73. shivu says:

    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

  74. Pucha says:

    I am from West Bengal. Can I play myplaywin lotteries through online, as offline lotteries are banned.

  75. kamlesh says:

    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 says:

      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.

  76. kamlesh says:

    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..

  77. dhaval says:

    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

  78. dhaval says:

    but many people said that is gambling because payment gatway in this website

  79. vignesh says:

    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.

  80. mayur salunke says:

    is visiting betting sites prohibited in india?

  81. Vipul says:

    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

  82. Jamy says:

    Hi Jay
    Can I play thelotter.com from Gujarat online.

  83. baye lal says:

    what punishment (maximum) of gambling in india in own house?

  84. gaurav says:

    Can we play online from haryana on myplaywin.com.will we get the money if we won jackpot

  85. Ramona says:

    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.

  86. gaurav says:

    Hi jay.plz reply can I play online lottery from haryana on..myplaywin.com.

  87. gaurav says:

    I bought a card from pune.but I live in delhi.can I play onlinelottery of myplaywin.com plz reply

  88. gaurav says:

    What abt supreme court decesion on playwin lottery in india

  89. ARJUN says:

    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

  90. Balasubramaniam Ts says:

    Hi
    What are the rules for starting a raffle contest for fund raising for a cause ? Thanks bala

  91. Shristi says:

    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 says:

      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.

  92. vikas kumar says:

    Hi
    Wanna open legal casino in delhi will it be possible

  93. gaurav says:

    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.

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