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Is a license necessary for staring gaming website in India


03-Jun-2023 (In Cyber Crime Law)
I am getting developed a skill gaming website with following games chess cheker mahajong bridge virtual cricket virtual socer. can i accept real money deposits in this website? Here player will play against player and we will just take a less than 5% share on bidding amt and not anything on winning hand. Will it be legal to start such a site in india? There are many rummy sites running without any license or any other stuff. but i read tgat recently just few months before nagaland govt launched a license kind thing for yhis costing some 25lkhs which is not affordable to me so can i start such a site wihout that license? Want to know advice of lawyers so came here and posted. If your advice is no then i will plan to go on a subscription based model where we will not ask players to deposit any money and we will keep only tournaments and tournament winner will get $$ which we will keep as price. And entry fee for such tournament will not require any real money deposit. Subscription based
Answers (1)

Answer #1
730 votes
There is not clear legislation in online gaming in India.
Although Maharashtra clearly prohibits gambling in any form.
Now Indian laws permit you to play rummy etc. with money as these games are considered to be games of skill.
Games that need the skill to play are not considered gambling and are legal.
But games based on pure luck are considered gambling and are illegal.

Further online gambling is rather difficult due to FEMA regulations on transfers of foreign exchange online through payment gateways.

The government also has the power to impose restrictions on websites for various financial reasons under the Information Technology Act.

Therefore due to lack of clarity and the complex legal structure in India, online gaming based on percentage is a risky business.

Therefore I would suggest you, go with your commercial subscription model as it is both safe and scalable.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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