Poker legality in India varies significantly by state due to the country's federal structure. The Constitution grants individual states exclusive power to regulate betting and gambling through Entry 34 of List II in the Seventh Schedule (2). Most State Gaming Laws contain exemptions for games of skill, with courts recognizing poker formats like Texas Hold'em and Omaha Hold'em as skill-based games (1). West Bengal specifically excludes poker from its gambling prohibitions, while Nagaland expressly categorizes poker as a game of skill under its licensing regime (1).
Online poker operates under state-specific regulations with varying approaches across India. Nagaland permits online skill-based poker through a licensing system under the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016 (2). Sikkim allows online poker within its territory through the Sikkim Online Gaming Regulation Act, 2008, requiring operators to use geo-restricted systems (1). However, states like Telangana, Andhra Pradesh, and Tamil Nadu have prohibited real-money online gaming, including poker (1).
"Nagaland permits skill-based games such as chess, poker, and fantasy sports under the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act 2016."
The regulatory landscape includes federal oversight through the Information Technology Rules 2021, requiring online gaming intermediaries to comply with specific due diligence obligations (1). Operators must obtain verification from self-regulatory bodies for real-money games (1). A 28% Goods and Services Tax applies to online gaming effective October 2023, while player winnings exceeding INR 10,000 face 30% taxation under the Income Tax Act (2). Compliance requirements include anti-money laundering measures, player verification using government identification, and mandatory reporting for suspicious transactions (2).
Source:
https://iclg.com/practice-areas/gambling-laws-and-regulations/india
https://altenar.com/blog/a-comprehensive-guide-to-gambling-laws-and-regulations-in-india/
Last updated: 04-10-2025 Disclaimer: This article does not provide legal advice. If you need legal advice, please contact an attorney directly.
