If you are stuck in such a situation, here is what to do.

Mr. Verma, a resident of Aryavarta Pradesh, finds himself in a legal quandary. He enjoys playing online real money games on platforms like “SkillPlayz” and “Fantasy Premier League.” However, his home state of Aryavarta Pradesh has enacted a law that bans all forms of online gaming involving money. He is aware that these platforms claim to be “games of skill,” which have been constitutionally protected. He also read that the High Court of the neighboring state of Dakshinapuram recently struck down a similar ban, reinforcing the legality of skill-based games. This has left him confused about his legal position.

He wonders if he would face legal repercussions for playing and winning money on these platforms while residing in Aryavarta Pradesh. He also questions whether the ban is strictly geographical, meaning he could legally play these games if he travels to the adjacent state of Pashchim Desh, where no such ban exists.

Advice in such cases

The legal landscape for online gaming in India is fragmented and varies significantly from state to state. Here is some general advice:

• Understand State-Specific Laws: “Betting and Gambling” is a subject on the State List of the Indian Constitution. This means each state has the authority to legislate on the matter. The legality of an online game depends entirely on the laws of the state you are physically located in while playing.
• Distinguish Skill from Chance: The Supreme Court of India has consistently held that games where skill is the predominant factor are not considered gambling and are protected as a legitimate business activity. However, some states have passed laws that blur this distinction or ban all online games involving stakes, irrespective of skill.
• Check Platform Terms: Most legitimate gaming platforms use geo-blocking to prevent users from states with bans from accessing their real money games. Bypassing these restrictions using VPNs or other means can lead to legal issues and forfeiture of winnings.
• 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 legality of online gaming is governed by a mix of central and state laws:

• The Public Gambling Act, 1867: This is a central pre-independence law that penalizes operating a public gambling house. It exempts “games of mere skill.” However, most states have enacted their own, more modern gambling laws.
• State-Specific Enactments: States like Aryavarta Pradesh, Odisha, and Assam have restrictive laws. Conversely, states like Pashchim Desh and Uttar Pradesh may not have explicit bans on online skill-based gaming. The legal status is determined by these local acts.
• The Information Technology Act, 2000 (and Rules): The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, have introduced a framework for regulating online gaming. They provide for Self-Regulatory Bodies (SRBs) to certify “permissible online real money games.” However, these rules do not override specific state laws that ban such games.
• Constitution of India: The right to carry on any occupation, trade or business under Article 19(1)(g) is often cited to protect games of skill.

If you are the complainant

If you wish to file a complaint against an illegal online gaming platform operating in a state where it is banned, or if you believe a platform is fraudulent:

• Gather All Evidence: Collect screenshots of the application, transaction records from your bank or e-wallet, the platform’s terms of service, and any communication you have had with their support team.
• File a Police Complaint: You can approach your local police station to file a complaint, alleging that the platform is operating illegally in your state or has cheated you. The police can register a First Information Report (FIR) under relevant state gambling laws or sections related to cheating.
• Report to Authorities: You can also report the platform to the Ministry of Electronics and Information Technology (MeitY) or the relevant cybercrime division.
• 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 a gaming platform has withheld your legitimate winnings, blocked your account unfairly, or you have been a victim of fraud:

• Document Everything: Keep a detailed record of your gameplay, winnings, and all attempts to contact the company for resolution. Take screenshots and save emails.
• Send a Legal Notice: The first formal step is often to have a lawyer send a legal notice to the company’s registered office in India, demanding payment of your dues.
• File a Consumer Complaint: If the platform fails to respond, you can file a complaint before the appropriate Consumer Dispute Redressal Commission for deficiency in service.
• Civil Suit for Recovery: For larger amounts, you can file a civil suit in court for the recovery of your winnings.
• 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 response can be varied and depends on the specific facts and the state’s legal framework:

• Jurisdictional Issues: Police may face challenges with jurisdiction as the player, the company’s office, and its servers might all be in different locations, sometimes even outside India.
• Focus on Operators: Law enforcement’s primary focus in states with bans is usually on the companies operating the games, not individual players. However, playing in a state where it is explicitly illegal still carries a legal risk for the player.
• Civil vs. Criminal: The police are more likely to act on complaints of outright cheating or fraud rather than disputes over winnings, which they may view as a civil matter to be resolved in court.
• Lack of Clarity: In states without clear laws, police may be hesitant to register an FIR without clear evidence of gambling (i.e., a game of chance) as opposed to a game of skill.

FAQs people normally have

• Is it illegal to play a game if it is banned in my state?
  Yes. If a state has passed a law banning a particular type of online game, playing it while physically present in that state is a violation of that law and can have legal consequences.
• Can I play if I travel to a state where it is legal?
  Generally, yes. The law that applies is the law of the state where you are physically located. If you travel from Aryavarta Pradesh (banned) to Pashchim Desh (not banned), you can legally play. However, be mindful of the platform’s terms and conditions regarding your registered address.
• What is the legal difference between a “game of skill” and a “game of chance”?
  A “game of skill” is one where the outcome is determined predominantly by the player’s knowledge, training, experience, and adroitness. A “game of chance” is one where the outcome is based purely on luck or a random event. The Supreme Court has affirmed that games of skill do not constitute gambling.

What evidence is required?

To build a strong case, whether as a complainant or a victim, you should gather the following evidence:

• Digital records of transactions made to and from the gaming platform (bank statements, UPI history, e-wallet statements).
• Screenshots of the game interface, your user profile, and your winnings ledger within the app.
• All email or chat communication with the platform’s customer support.
• The terms and conditions and privacy policy of the gaming platform.
• Your KYC documents submitted to the platform, if any.

How long will the investigation take?

The duration of any legal process is highly variable:

• A police investigation can take anywhere from a few months to over a year, depending on the complexity, the need to gather digital evidence from corporations, and inter-state coordination.
• A consumer complaint is designed for quicker disposal and can be resolved within 6-12 months.
• A civil suit for recovery is a longer process and can take several years to reach a final verdict through the different stages of the judicial system.

Advocate Sudhir Rao, Supreme Court of India