India's Real-Money Gaming Puzzle: Why It's Time For A Smarter, Unified Policy
While global powers are moving towards streamlined regulation of gaming, India continues to juggle a patchwork of state-specific laws rooted in the colonial-era Public Gambling Act, 1867.
India’s gaming laws are stuck in a regulatory maze that’s causing more confusion than clarity — especially in the booming world of real-money online games. Speaking with ABP Live, Vidushpat Singhania, Managing Partner at Krida Legal, breaks down why India's fragmented framework is falling behind global standards and what the country can learn from international models.
States vs Centre: A Tug of War in Gaming Regulation
While global powers are moving towards streamlined, centralised regulation of gaming — especially online gaming — India continues to juggle a patchwork of state-specific laws rooted in the colonial-era Public Gambling Act, 1867. This legacy legislation has led to wildly inconsistent rules across states, making the regulatory environment murky for both players and operators.
“Centralised regulation for online gaming is one international best practice India can incorporate into its gaming policy,” Singhania suggests. Countries like the UK, Malta, and Curacao have already established central gaming authorities that not only handle licensing but also enforce regulatory compliance and crack down on illegal operators.
The lack of such a unified body in India leads to legal uncertainty and poses a risk to consumers and platforms alike. As Singhania notes, "This ensures legal uncertainty for gaming operators and players alike, giving them a safe framework to function."
Responsible Gaming Isn’t Optional — It’s Urgent
Beyond structural reform, Singhania highlights the pressing need for India to adopt stricter responsible gaming norms. In leading gaming jurisdictions, operators are required to publish internal responsible gaming policies and contribute to addiction recovery efforts. Some even impose spending limits to protect users from financial distress.
Countries like the UK have made this a non-negotiable part of the gaming ecosystem. These measures, Singhania argues, could help India “protect players from financial and psychological harm” and also address concerns about underage access and addiction.
While India has taken early steps with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, enforcement remains a major hurdle. A shift toward proactive implementation could unlock the sector’s economic potential while safeguarding consumer interests.
Skill vs Chance: The Legal Faultline in India’s Gaming Scene
Another major distinction in India’s gaming laws lies in how it treats lottery-based games versus real-money gaming. Lotteries are regulated centrally under the Lotteries (Regulation) Act, 1998, and are limited to state-run formats. In contrast, real-money games fall under state jurisdiction, creating a fragmented legal environment.
"Lotteries come under the Union list and are governed centrally," explains Singhania, while "Real money gaming, on the other hand, falls under the State list." This division leads to a scenario where fantasy sports, rummy, and poker — considered games of skill — are legal in most states, whereas games of pure chance like slots or roulette are prohibited unless specially licensed in regions like Goa and Sikkim.
This dichotomy means that while lottery games enjoy a relatively smoother regulatory path, real-money gaming companies must constantly navigate a legal minefield — one that’s different in every state.
A Call for Reform That Works for Everyone
India’s current framework — divided between central and state authorities, games of chance and games of skill, licensed and unlicensed operators — might have made sense decades ago. But in today’s digital-first gaming world, it’s an outdated script. With a unified regulatory authority and a serious commitment to responsible gaming, India could create a safer, more consistent, and growth-oriented environment for all stakeholders in the gaming ecosystem.
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