Legal Considerations for Peer-to-Peer Betting Exchanges in India Legal Considerations for Peer-to-Peer Betting Exchanges in India

1 month ago

P2P betting enables direct engagement between individuals without intermediaries.
Is setting up an online peer-to-peer betting exchange legal in India under the current interpretation of laws like the Public Gambling Act and the Information Technology Act?
Are specific licenses or permissions required from governments to operate a P2P betting exchange?
Are there specific states where operating such a platform would be less legally risky compared to others?
Example for reference: https://www.betmoose.com/

Anik

Responded 1 month ago

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A.Dear Client,

In India, P2P (peer-to-peer) betting exchange for asset trading is currently neither illegal nor regulated by specific legislation. The Information Technology Act of 2000 governs cyber activities and online gambling in the country. As of now, there is no explicit law that declares online betting and gambling illegal at the national level. However, it's essential to note that only a few states, namely Sikkim, Nagaland, and Meghalaya, have established gaming laws and licensing frameworks.

Various forms of gambling have been practiced in India, including horse racing, lottery, skill games, casino gambling, online gambling, and sports betting. The legal status of these activities varies, and violations may incur penalties such as a fine of INR 200 or imprisonment for up to 3 months.

In India, games that involve skill and human intellect are considered legal. On the other hand, games of chance, where outcomes are determined purely by chance and not human intellect, are deemed illegal under the Public Gambling Act of 1867, and violations may lead to penalties.

Fantasy sports games, however, are not classified as gambling or betting in India. They are considered skill-based activities and are viewed as legitimate businesses. Fantasy sports games do not fall under the Public Gambling Act of 1867. It's crucial to stay informed about the specific regulations in your state and consult legal professionals for the latest updates and advice on these matters.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Incidentally, P2P betting exchange of asset trading is neither illegal nor regulated by any specific legislation yet in India. The Information Technology Act 2000 regulates cyber activities or online gambling in India. There is no explicit law that makes online betting and gambling an illegal activity in India. Only the states of Sikkim, Nagaland, and Meghalaya have gaming laws and licensing regimes. There are different kinds of gambling in India that have been prevalent and practiced in India since the past i.e. Horse Racing, Lottery, Skill Games, Casino Gambling, Online Gambling and Sports betting. Any violation of the law would attract a fine of Indian rupees 200 or imprisonment of up to 3 months. Online games are played using human intellect, and games of skill which is legal in India. In contrast, online games played using chance where results are obtained by chance not using human intellect is a Game of chance that is not legal in India and any violation attracts penal provisions of the Public Gambling Act, 1867. Fantasy sports games are not regarded as gambling or betting in India, but rather as skill-based activities and a legitimate business in India and do not fall under the Public Gambling Act, of 1867.
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