Vector set of different playing cards combination four aces, royal straight flush and others top view isolated on green poker table
In India, poker is very popular and is played for fun as well as a competitive game. However, the law concerning it is very intricate because each state has different rules on gaming. Each state in India has been given the authority under the federal constitution to formulate its own policies which has resulted in a complex system comprising various legislations across the nation. This article contains information about whether poker is allowed in different states of India and how can a play deal with it.
Understanding the Legal Framework
- Skill vs. Fate
In India, for the most part, the question of whether poker should be legally allowed or not depends upon one single thing: Is poker a game of skill or fate? The courts in India have held that if there is an element of skill involved then it cannot be considered as cash gaming activity. Poker has been seen as a game that calls for the use of skills such as strategy, mathematics and psychology making it fall under the category of other disciplined games. Although this is so, every state may construe this classification differently.
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- Public Gaming Act
The Public Gaming Act, of 1867, prohibits running or participating in public gaming houses. However, it excludes games of skill from its scope. States that have adopted this act often amend it to reflect their stance on gaming and poker.
State-by-State Breakdown
- States Where Poker is Permitted
Karnataka: Poker is considered a skill game in Karnataka. From a legal point of view, poker is not gaming hence players can comfortably participate in this activity without breaking any law. However, there should be transparency in their operation to prevent lawsuits.
West Bengal: Poker has been taken out from under cash gaming in West Bengal laws. This means that poker is legally played by residents within the state of West Bengal.
Goa and Sikkim: Poker is allowed in establishments in these states. Besides, Sikkim has some of the well-structured regulations for online poker and also permits controlled online poker under its Internet Gaming Regulations Act unlike most other states where there are no specific laws governing such forms of gaming activities.
- States With Ambiguous or Restrictive Laws
Tamil Nadu: The laws in Tamil Nadu were against poker most of the time. Although cash gaming was prohibited in the initial laws, some recent court decisions struck down these prohibitions paving the way for controlled poker games with measures such as age limits and maximum stake.
Maharashtra: The gaming legislation of Maharashtra does not fully allow for poker; however, it is yet to be determined in the courts whether poker can be regarded as a game of fate or skill. Players must be careful until a clear position is reached.
Kerala: Even though the judiciary has stated that rummy is a game that depends on skill alone, there is nothing said about poker specifically at this moment. Players need to keep themselves informed about any changes in the law.
- States Where Poker is Prohibited
Poker is completely prohibited in some states because they have very tough laws against cash gaming. It is illegal for people living in these states to play poker for money, no matter if it is online or offline.
- Andhra Pradesh
- Telangana
- Odisha
- Assam
- Gujarat
- Meghalaya
Practical Advice for Players
For those taking part in online Indian poker games, here are some useful tips:
- First and foremost, look at what the law says about online poker in your particular state before you make a move and register with any platform.
- Opt for platforms that are compliant with the local rules and which also ask for KYC. By doing this you will be safe as it will prevent any unlawful act towards you.
- Stay away from playing on platforms that have operations in states where poker is not allowed.
Key Considerations For Players
Before joining a poker game, players should first know what the law says specifically about that in their state. While some states have made it clear if it is legal or illegal, others are not sure and do not allow cash gaming activities. By staying updated one can play the game sensibly and lawfully too.
Conclusion
Poker is considered legal in some states of India, and illegal in other states due to different opinions on laws related to gaming. In certain areas, this card game is accepted as one that depends on one’s skills and therefore does not fall under gaming legislation; however, there are jurisdictions that prohibit it completely or keep silent about its legality. Regardless of the case, players should keep themselves updated about what the law says so that they can play their game safely and legally too.
