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admin 17.07.2013

There have recently been issued four (4) letters of intent (LOI) to issue online gambling licenses to entities inside the state of Sikkim.
The first laws against gambling in India went into effect on 25 January 1867 in what is known as the Public Gambling Act.
This law specifies that the owner, occupier, or anyone having use of the land which gambling occurs can be found in violation; awareness or knowledge of the crime is specifically “not” a requirement for conviction.
This law states that police are authorized to enter and search any premise he has reason to believe gambling occurs.
This law states that when a deck of cards, dice, gambling tables, or other gambling instruments are discovered it is assumed they are for the purpose of gambling until such time the contrary is made to appear likely.
Outside the confusion of some forms of gambling are illegal and other are legal, there is the issue of skill versus chance. Most law experts assume that operating a gambling website is the same as operating a gambling house. There has been a lot of interest in recent months about the state of Sikkim offering gambling licenses which will be valid across India.
There are many gambling website legal in the European Union which offer safe and secure regulated games for poker, casino, bingo and sports betting, where you can be certain in times you win, you’ll be paid.
Bet365 even accept rupee deposits and withdrawals, however they are still not “operating in” India.
We’re no gambling law experts, but to our knowledge Indian authorities have shown no signs that the problem of Indians gambling outside India is widespread enough for them to even bother to address the issue.

Whilst there is no way to pinpoint exact dates, the earliest forms of modern dice trace to India, and discoveries of Europe’s early gaming devices have shown they included Indian symbols. Despite the IT Act which we discuss below we are seeing optimism for the outlooks of online betting in India.
It was said to be the final curtain to close the doors to online betting in India, which was looking so promising. This was also extended to include suppliers of money to the games as well, basically anyone knowingly loaning someone money for the purpose of them running a gambling house can be found guilty as well. In 1957 the Supreme Court ruled that competitions that involve mostly skill are business activities as opposed to gambling and are protected under Article 19(1)(g) of the Constitution of India. What we do know however is games such as roulette, casino war, katti and the likes which are purely based on chance are illegal under Indian law. The idea here is that because the laws of most states focus only on the operators, not the players, if gambling sites could operate legally in one state, they’d attract players from all states.
They take the position that they are legal where they themselves operate, laws change often, they can’t be expect to know them all; the burden falls on the client to know laws applicable to them as Bet365 is not “operating in” India. Earlier this year Haroon Largat of the ICC (International Cricket Council) pushing for the legalizing of sports betting in our country of India namely because of the match fixing that has occurred.
Many of these came well after India became a republic in 1950; in fact, to make sure it was clear some states served notice as late as 1976 clarifying the penalties for violating the gambling act.
The police are also given the right to take in to custody all occupants of the house, search the entire premises and to seize possession of all instruments used for gambling.

Most would assume based on India’s previous rulings, poker competitions are in fact legal in India. The point I’m attempting to illustrate – gambling is as ancient in India as the history of man himself. Essentially placing the burden on Internet Service Providers to block thousands to hundreds of thousands of websites, including that of online casinos and betting sites. The area of confusion though is all sorts of new laws have been passed in various states making certain forms of gambling legal.
Largat also believe that be legalizing and regulating the bets, they would be able to more closely monitor illegal bookies whom use the funds to launder for the use of terrorism, drugs, prostitution and overall dis-health of India caused by Cricket Match Fixing. For example in Goa there are legal casinos, most operating on casino boats, in Sikkim there is a large legal lottery Playwin that also operates online. With no clear ruling on poker specifically by an Indian court it is a grey area many operators have yet to gamble on. This is our understanding of course, if you’re considering gambling online it will be best to check with your own attorney for advice. After this law was introduced Sikkim has continued to actively seek out partners for their online gambling licenses.

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