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5 Legal Facts Every Indian Poker Player Should Know

Poker is one of the most popular card games in the world, and in recent years, it has gained significant traction in India, both online and offline. However, the legal status of poker in India remains complex and often misunderstood. Whether you’re a casual player or a serious competitor, understanding the legal landscape is crucial. Here are five important legal facts every Indian poker player should be aware of.

1. Poker is classified as a game of skill in many Indian states

One of the most significant legal arguments in favour of poker is that it is a game of skill rather than pure chance. Indian courts, including the Karnataka and Calcutta High Courts, have recognised poker as a game of skill, which means it is not considered gambling under the Public Gambling Act of 1867. This classification is crucial because games of skill are exempt from many gambling restrictions in states where this distinction is legally recognised. However, this interpretation is not uniform across the country, so it’s essential to check your state’s position.

2. Gambling laws are governed at the state level

In India, gambling laws are not uniform across the nation. Each state has the authority to legislate on matters related to betting and gambling. For example, states like Goa, Sikkim, and Nagaland have legalised and regulated various forms of gambling, including poker. Nagaland has even issued specific licences for online games of skill, including poker. On the other hand, some states, such as Gujarat and Telangana, have taken a strict stance against poker, considering it a form of gambling regardless of the skill involved. Always verify the laws specific to your state before participating in any form of poker.

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3. Online poker exists in a legal grey area

The rise of online poker platforms in India has opened up new avenues for players, but also brought legal uncertainties. While some platforms operate under licences from states like Nagaland or offshore jurisdictions, the absence of a central regulatory authority for online gaming means these platforms often operate in a grey zone. The recent IT rules issued by the Indian government in 2023 have started to address online gaming, requiring self-regulation and stricter compliance, but the framework is still evolving.

4. Playing poker for real money may attract taxation

Earnings from poker, like any other form of income, are subject to taxation in India. Winnings from poker games—especially those involving real money, whether online or offline—are considered “income from other sources” and are taxed accordingly under the Income Tax Act. As of now, the government deducts a flat 30% TDS (Tax Deducted at Source) on winnings above ₹10,000. It’s important to maintain accurate records of your earnings and losses and consult a tax professional to ensure compliance.

5. Responsible gaming and age restrictions apply

All legal poker platforms in India are required to follow responsible gaming practices, which include enforcing age restrictions. The legal age to participate in real-money poker games is 18 or 21, depending on the jurisdiction. Operators are also expected to implement features that allow players to set limits on deposits, playing time, and losses, to promote responsible gaming behaviour.

While poker continues to gain popularity in India, the legal framework surrounding it remains fragmented and ever-evolving. By staying informed about your state’s laws, tax obligations, and the distinction between games of skill and chance, you can enjoy poker legally and responsibly. Always choose reputable platforms, understand the risks, and play within the law.

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