Is Sports Betting Legal in India? A Comprehensive Guide
Legal Status of Sports Betting in India
Sports betting in India exists in a legally grey area due to outdated legislation, fragmented state-level rules, and selective enforcement. The primary law governing gambling in India is the Public Gambling Act of 1867, which prohibits operating or visiting a public gambling house. However, this law does not specifically mention online betting or differentiate between games of chance and games of skill in a modern context.
Gambling is a state subject in India, meaning each individual state has the authority to formulate its own laws. As a result, the legality of sports betting can vary significantly depending on the region. While most states adhere to the central law’s restrictive stance, a few have taken progressive steps to legalize and regulate certain forms of betting and gaming.
Game of Skill vs Game of Chance
The Indian legal system distinguishes between “games of skill” and “games of chance.” Games of skill are typically legal, whereas games of chance are considered gambling and are often illegal.
In this context, fantasy sports such as Dream11 have been ruled by several courts as games of skill and are therefore legal. However, traditional sports betting—such as wagering on the outcome of a cricket or football match—is considered a game of chance and remains illegal in most jurisdictions.
State-Wise Variations
- Sikkim and Goa are two of the few states that have taken steps toward legalizing betting. Sikkim has issued licenses for online gaming, including sports betting, within the state under strict regulation.
- Nagaland permits certain skill-based games for stakes but does not explicitly allow traditional sports betting.
- Telangana and Andhra Pradesh have amended their laws to ban all forms of online gambling, including games of skill played for money.
Due to these differences, residents of India must refer to their local state legislation to determine whether betting is permissible in their jurisdiction.
Online Sports Betting
Despite legal prohibitions, online sports betting has flourished in India through offshore platforms. These international websites operate in jurisdictions like Malta or Curaçao and accept Indian players. Since Indian law does not explicitly ban individuals from placing bets on foreign websites, millions of Indians participate in online sports betting every year.
However, using these platforms carries legal and financial risks. Banks may block transactions, and users have little recourse if a dispute arises. Some Indian states have also moved to block access to foreign betting sites.
Regulatory Developments
There have been increasing calls for regulation rather than prohibition. The Law Commission of India, in its 2018 report, recommended that sports betting be legalized and regulated to curb black market activities and increase tax revenues. However, no significant legislative changes have been implemented at the national level as of now.
Penalties and Enforcement
While enforcement is inconsistent, engaging in illegal sports betting can lead to fines, imprisonment, or both under the Public Gambling Act and various state-specific laws. In practice, authorities tend to focus enforcement efforts on organized betting rings rather than individual bettors.
Conclusion
Sports betting in India remains largely illegal, with exceptions in certain states and grey areas around online betting. Until a unified regulatory framework is introduced, bettors face legal uncertainties and should proceed with caution. Anyone considering engaging in sports betting in India should be fully aware of their local laws and understand the risks involved, especially when using offshore platforms.
