One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me in DD/MM/YYYY with concerns about funds he had deposited in X.gambling, an offshore online betting platform. He had won substantial amounts but was unable to withdraw his money. The platform was facing regulatory issues in India, and Mr.X was worried about the legal implications of his participation in online gambling. He had approximately Rs. 2,50,000 stuck in his account and feared both legal consequences and permanent loss of funds. Mr.X was particularly concerned whether his participation constituted illegal gambling under Indian law and what steps he could take to recover his money without facing criminal charges.

Advice in Such Cases

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 to 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.

• Document all transactions and communications with the gambling platform
• Avoid making further deposits or bets on the platform
• Research the platform’s licensing jurisdiction and complaint mechanisms

Applicable Sections of Law

The primary laws governing gambling in India include provisions under the Bharatiya Nyaya Sanhita (BNS). Section 292 of BNS addresses public gambling and gaming houses. The Information Technology Act also applies to online gambling activities. Additionally, each state has its own gambling regulations. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for handling such cases. Foreign Exchange Management Act (FEMA) may also apply to transactions with offshore platforms, making the legal landscape complex and requiring expert guidance.

If You Are the Complainant

• File a complaint with the Cyber Crime Cell regarding the platform’s refusal to process withdrawals
• Report the matter to RBI if banking regulations are violated
• Approach consumer forums for service deficiency claims
• Gather evidence of platform’s operations and your financial losses
• Consider approaching the platform’s licensing authority in its home jurisdiction

If You Are the Victim

• Immediately stop all gambling activities on the platform
• Screenshot all account details, transaction history, and correspondence
• Contact your bank to report suspicious international transactions
• File a police complaint if you suspect fraud or cheating
• Seek legal advice to understand your rights and potential recovery options

How the Police Behave in Such Cases

Police typically treat online gambling cases as violations of state gambling laws. They may investigate the technical aspects of how the platform operates and whether it constitutes illegal gambling. However, police often lack expertise in cryptocurrency transactions and international jurisdictions. They may focus on the individual’s participation rather than the platform’s operations, potentially treating the complainant as both victim and offender.

FAQs People Normally Have

Is online gambling legal in India? Most forms of online gambling are illegal in India, except in specific states that permit certain types.

Can I withdraw money from offshore gambling sites? While withdrawal attempts aren’t illegal per se, the original gambling activity may violate Indian law.

Will I face criminal charges? This depends on state laws and the specific circumstances of your case.

Can I recover my money? Recovery depends on the platform’s cooperation and applicable international agreements.

What Evidence Is Required?

• Screenshots of account balance and transaction history
• Bank statements showing deposits and withdrawal attempts
• Email correspondence with platform customer support
• Terms and conditions of the gambling platform
• Platform’s licensing details and jurisdiction information
• Documentation of any kyc verification completed
• Records of any promotional offers or bonuses received

How Long Will the Investigation Take?

Cyber crime investigations involving international platforms typically take 6-12 months. The complexity increases when dealing with cryptocurrency transactions or platforms based in multiple jurisdictions. Recovery of funds, if possible, may take additional time depending on international cooperation and the platform’s willingness to comply with Indian legal requests.

Advocate Sudhir Rao, Supreme Court of India