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Playing Online Poker on foreign poker company
16-Oct-2023 (In Civil Law)
Poker is defined as a game of skill. supreme court differntiate between game of skills and game of chance(luck). It is legal to play game of skill.India have many online poker websites like www.spartanpoker.com and www.adda52.com from where Indians can play online poker legally. Also Tax is deducted at source on such indian website. But If any indian wants to play on pokerstars by using international wallet(Neteller) to fund the poker account and play online there, will it be violation to Foreign exchange management act as conversion of INR to other currency takes place while playing online poker on foreign website. Note: Refer to page (www.pokerstars.com), 1000s of indian players are playing real money poker on pokerstars with registered country as india. Aditya Agarwal is an indian professional poker player playing online poker and playing high stakes poker from pokerstars and his registered country under his pokerstars account is India. Is it legal for indian to play on pokerstars?
YOUR QUESTION IS IN RESPECT TO VIOLATION OF FEMA WHILE PLAYING POKER ON FOREIGN SITES-
First I will divide your question in two parts because your question relates to two problems -
First part - whether playing gambling is legal or not- in India some states allowed lotteries and some online sites.
But maximum states had banned these activities.
Indian government does not allowed legally on foreign sites rather our government had made tough procedure for those who want to play on foreign sites.
Although the Central Government has no jurisdiction over foreign or UK licensed bookmakers whom operate legally under European or their country laws and International Law, they have taken some action to make using these sites more difficult. This comes in the form of two laws,
At the current time – most gambling in India is illegal. However, legal gambling does exist for horse racing, lottery(if state allow), and rummy (paplu). As Supreme Court clear Skilled game and pure luck game.
Second part of your question deals with the currency while playing online on foreign sites -
When you play online, depositing is a bit of an issue. Because of foreign exchange laws, Legally you can't pay for gambling on sites.
The individuals who are playing and doing this activity by using a method how much it is safe it is difficult to say and if Indian Government came to know than you might be booked under FEMA and CYBER LAW.
Those who are playing might be using an e-wallet. Almost everyone from India might be choosing Moneybookers, Entropay, or Neteller.
I believe, probably they might be using and getting benefit of RBI scheme under which upto a limit you can do remittance of foreign currency which is under scrutiny but not easily questionable.
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First I will divide your question in two parts because your question relates to two problems -
First part - whether playing gambling is legal or not- in India some states allowed lotteries and some online sites.
But maximum states had banned these activities.
Indian government does not allowed legally on foreign sites rather our government had made tough procedure for those who want to play on foreign sites.
Although the Central Government has no jurisdiction over foreign or UK licensed bookmakers whom operate legally under European or their country laws and International Law, they have taken some action to make using these sites more difficult. This comes in the form of two laws,
At the current time – most gambling in India is illegal. However, legal gambling does exist for horse racing, lottery(if state allow), and rummy (paplu). As Supreme Court clear Skilled game and pure luck game.
Second part of your question deals with the currency while playing online on foreign sites -
When you play online, depositing is a bit of an issue. Because of foreign exchange laws, Legally you can't pay for gambling on sites.
The individuals who are playing and doing this activity by using a method how much it is safe it is difficult to say and if Indian Government came to know than you might be booked under FEMA and CYBER LAW.
Those who are playing might be using an e-wallet. Almost everyone from India might be choosing Moneybookers, Entropay, or Neteller.
I believe, probably they might be using and getting benefit of RBI scheme under which upto a limit you can do remittance of foreign currency which is under scrutiny but not easily questionable.
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Adv. Ashwani Kumar Sharma
Delhi | 25+ Answers
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