The story

Mr. Sameer, a resident of a metropolitan city, recently came across an online platform called “BetSphere” which allowed users to place bets on various sporting events. He heard from his friends that new government regulations on online gaming had been introduced and was concerned about the legality of using such platforms. He was worried that by continuing to place bets on BetSphere, he might be committing a crime and could face legal consequences. The core issue is the ambiguity surrounding the legality of online betting and gambling platforms in India, especially in light of evolving regulations by both central and state governments.

Advice in such cases

If you find yourself in a similar situation, unsure about the legality of an online gaming or betting platform, here is some advice:

• Immediately cease all activity on the platform. Do not deposit any more money or place any further bets until you have clear legal guidance.
• Preserve all records of your transactions, including bank statements, app screenshots, and any communication with the platform’s operators.
• Understand that gambling is a state subject in India. The laws can vary significantly from one state to another. An activity that is permissible in one state might be a punishable offense in another.
• Be aware of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which regulate online gaming and prohibit platforms that involve wagering on the outcome of a game.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework governing online betting in India is complex and involves multiple statutes:

• The Information Technology Act, 2000 (and its rules): The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, have been amended to specifically address online gaming. These rules ban any online game that involves betting or wagering on its outcome. The government can direct internet service providers to block access to such platforms.
• State-Specific Gambling Acts: Many states have their own laws prohibiting gambling. For instance, the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022, explicitly bans online gambling and wagering. Similar stringent laws exist in states like Andhra Pradesh and Telangana.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While there isn’t a direct section for gambling, provisions related to cheating (Section 318) could potentially be invoked if a platform is found to be fraudulent and deceiving users.
• The Public Gambling Act, 1867: This is a central pre-independence law, but its applicability to online platforms is a subject of legal debate. However, it forms the basis for many state laws.

If you are the complainant

If you have been cheated or defrauded by an online betting platform (e.g., they have withheld your winnings or blocked your account without reason), you can take the following steps:

• Gather all evidence, including transaction details, screenshots of your account balance, and copies of all communication with the platform’s support team.
• File a formal complaint with the National Cyber Crime Reporting Portal (cybercrime.gov.in) or your local police station’s cyber cell.
• Provide the police with all the evidence you have collected to support your claim of fraud or cheating.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are being investigated or have received a notice from the police for using such a platform, it is crucial to act cautiously:

• Do not panic or attempt to destroy any evidence, as this could be viewed as obstruction of justice.
• Preserve all records related to your usage of the platform. This includes bank statements showing deposits and withdrawals, and any communication.
• Do not make any statement to the police or any authority without legal advice. You have the right to remain silent.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police action in such cases can vary. They may initiate an investigation based on a specific complaint of fraud or as part of a larger crackdown on illegal betting platforms. Since many of these platforms are operated from outside India, investigations are often complex. Police may issue notices to users based on financial transaction data obtained from payment gateways. They will typically focus on the operators of the platform but may also question users to gather evidence. In states with strict anti-gambling laws, users can also face prosecution.

FAQs people normally have

What evidence is required?

Whether you are a complainant or being investigated, the following evidence is crucial:

• Bank account statements showing transactions to and from the betting platform.
• Screenshots of the application interface, your user profile, and betting history.
• Any emails, chat logs, or other forms of communication with the platform’s customer support.
• The URL of the website or the name of the application.

How long will the investigation take?

The duration of an investigation into online betting cases is highly variable. It can take anywhere from a few months to several years. The timeline depends on factors such as the location of the platform’s servers (often overseas), the complexity of the financial trail, the number of individuals involved, and the cooperation received from banks and payment gateways. Jurisdictional challenges often lead to significant delays.

Advocate Sudhir Rao, Supreme Court of India