Ever since the Constitution of India gave the States the exclusive power to make laws on “Betting and Gambling” in their jurisdiction, different states thought differently on this subject. This power comes from the Seventh Schedule Entry 34 List II of the Indian constitution, which allows the State government to make their laws concerning betting. So, it’s totally on State Government whether they approve or disallow betting and gambling processes in their jurisdiction.
However, not all the states in India have their own set of rules for betting. Many of them comply with The Public Gambling Act of 1867. Below mentioned are a few states in India that have made their own law on gambling practices –
The Bombay Prevention of Gambling Act, 1887 denies betting in Maharashtra. In this Act “gaming” includes wagering or betting except wagering or betting upon a horse-race or dog race, i.e. Segment 3 of the Act leaves the extent of a stallion race and canine races. These two races are permissible and do not fall under the gambling practices. However, racecourse needs to get a permit from the state government.
Betting is permitted these three places in India – Goa, Daman and Diu. The 1976 Goa, Daman and Diu Public Gambling Act permit betting in Goa, Daman and Diu with a legal permit from the Government. In India, only a mere three states allow casinos – Goa, Daman and Sikkim.
As per the 1976 Act, casinos can only be set up in five-star hotels or offshore vessels with the prior permission of the Government.
However, the Act also prohibits typical gaming house in Goa, Daman and Diu. Any individual who is found running a typical gaming house can be put behind bars for upto three years and is also subject to a fine of 5,000 rupees.
Sikkim {Sikkim Regulation of Gambling (Amendment) Act, 2005}
Sikkim is the third state after Goa and Daman to allow casinos operation in its jurisdiction. The Sikkim Regulation of Gambling Amendment Act permits a person who is occupied with working betting and approves some betting house.
There’s an online law – Sikkim On-line Gaming (Regulation) Rules, 2009, that allows recreational games like Roulette, Black Jack, Bingo, Casino Brag, Poker, Poker Dice, Baccarat, Backgammon, Keno, and Super Pan 9 legal in the state. So, these games can be lawfully played on the web with the administrator needing to get a permit from the State government.
The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Bill, 2015 disallows any type of betting in the state. However, even this bill carries on an extent of “Recreations of Skill”.
To wager on these amusements on the web, the administrator needs to take a permit from the State Government.
If anybody is discovered leading unlawful business in the state, i.e. offering with no permit, he/she will be accountable for a fine of Rs. 20 lakhs which would be trailed by a detainment of 6 months.