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Hans India
21-05-2025
- Business
- Hans India
The Regulatory Maze: What Indian Businesses Need to Know About Online Gaming and Gambling
A quick look at the gambling industry in India and it soon becomes apparent that it's booming. There are reports that state the industry will be worth more than $5 billion by the end of 2025. The industry is being driven by increasing smartphone penetration, cheap data, and a younger population. This has all come together to offer vast opportunities across the country. However, despite the boom, there are still legal considerations and challenges. If businesses want to be involved in this scene, they need to be fully informed. Skill Vs Chance and the Law The gambling laws in India are focused on whether a game is based on luck or skill. Games of skill are mostly legal across the country, while games of chance are classed as outright gambling and these fall under much stricter scrutiny. Rulings from India's Supreme Court have upheld games such as rummy and fantasy sports as being ones that are based on high levels of skill. This means that they are allowed by law. However, the problem here is that individual states have the power to make their own laws when it comes to gaming and betting, meaning that there's a slack of consistency. This makes it difficult for businesses as what's allowed in one state may well be illegal in another. As an example, states such as Telangana, Andhra Pradesh, and Tamil Nadu have all made moves to outlaw all real-money online even includes games of skill. Then there's the likes of Sikkim and Nagaland that have now introduced licensing regimes for online gaming and this gives a much clearer regulatory framework. A Look at the Main Legislation At a national level, it's the Public Gambling Act of 1867 that governs gambling activities in India. Moves to fully legalise gambling would need to see this law receiving a major overhaul. It dates back to colonial times and it clearly states that visiting a gambling house isn't allowed. However, given the age of the law, there's obviously no mention of online gambling. This makes it a grey area. Recognising that the industry was gaining traction, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 were introduced. Here, a set of obligations was placed on online gaming intermediaries, including due diligence, parental controls, and other measures. There were further changes in 2023 when the Ministry of Electronics and Information Technology amended the IT Rules. This was to include specific provisions for online gaming, requiring platforms to register with self-regulatory bodies. It was also stated that only permissible games can be offered, meaning ones that do not involve wagering or betting. State-Level Confusion and Compliance Challenges The biggest issue to be faced by businesses entering the online gaming industry in India is the lack of uniformity across the country. Each state has its own take on how the law can be interpreted and also has the power to set its own, and there can be major differences. Examples include: Sikkim and Nagaland offer licensing systems for online games, including poker and rummy. Kerala initially banned online rummy but this was overruled by the High Court. Karnataka briefly banned all forms of online gaming that involved stakes but this was also overruled. This approach means that businesses need to geo-fence their services so that they can avoid legal penalties. Companies have a great need for legal teams that are able to keep check of the laws as these are constantly evolving. The Categorisation of Games The reality is that it's not always easy to categorise a game as one of skill or chance. If you look at operators offering Royal Riches software, with it being a version of roulette, it could be argued that this is simply a game of luck. However, others would argue that betting strategies and bankroll management mean that this is more about skill. The confusion leaves operators disabling games depending on the region that they are operating in. At times they simply need to switch off features so that they can hit local compliance rules. Offshore Licensing and Regulatory Tensions More and more operators across India are operating under offshore licenses offered by the likes of Curacao, Malta, and Gibraltar. These licenses allow operators to offer gambling services globally, but that doesn't mean that they sit in line with Indian laws, especially when state level can override international decisions and rulings. Offshore operators argue that licensing means that they are operating under reputable conditions and that they ensure fair play and transparency. However, Indian authorities are concerned that they are unable to wield any real control when operators are based outside of the country. When looking at live casino games that are regulated and licensed in Europe, there needs to be a degree of localisation for them to be accepted in India. The likes of excel here, by creating live games that are given a local feel so that they appeal to specific markets. These can often be enjoyed by players using VPNs who are satisfied that operators are working to international levels of compliance that ensure their safety and protection. The Road Ahead The demand for online gambling is only set to grow in India in coming years. This means that there is a real need for a centralised regulatory framework sooner rather than later. The law either needs to open up and accept most forms of online gambling or it needs to be reformed so that there is a clear distinction between games of luck and chance. Businesses trying to operate in this area need to be careful and perform regular legal audits. There needs to be close attention paid to state-level legislation while hoping for nationwide change and conformity. There is also a need to ensure that they only partner with software platforms that are proven in the area. This will help to ensure that compliance is understood and mitigate any risk.
Time of India
16-05-2025
- Time of India
HC directs Punjab DGP to decide on unclaimed vehicles at police stations in 90 days
Chandigarh: The Punjab and Haryana high court has directed the Punjab Police head to decide on the disposal of unclaimed vehicles lying in police stations across the state within 90 days. The court directed the DGP to furnish a status report within 90 days to the registry of this court regarding the action taken by the Punjab Police on these vehicles. "This should be in line with the judgments of the Supreme Court in Sunderbhai Ambalal Desai vs State of Gujarat, 2003, and General Insurance Council and others vs State of Andhra Pradesh and others, as well as the "Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules 2021 cases," the HC has ordered. In these cases, the SC has prescribed the procedure for deciding on vehicles seized by police in theft and other cases to save them from decay and avoid loss. The HC has also directed that the registrar general of high court to assess the status report filed by the Punjab DGP . The court said the matter should be listed for further directions before the bench in case something is amiss. The division bench, comprising Chief Justice Sheel Nagu and Justice Sumeet Goel, passed these orders while disposing of a PIL filed by Kanwar Pahul Singh. According to the petitioner, these vehicles have been lying in police stations for a long period, sometimes for years, as owners/claimants have not got their vehicles released or due to the non-identification of registered owners in the case of abandoned/unclaimed vehicles. The petitioner had submitted a representation to Punjab on Feb 9 to act on this, but no action was taken by the authorities to date. He sought directions from the bench to tell the state DGP to take a conscious decision on the matter.
West Australian
15-05-2025
- Business
- West Australian
Australian law changes to affect pets, property and finances
Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: What's staying the same? Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: What stays the same? The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here .
