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rummy-poker-fantasy-state-laws [2026/07/10 22:23] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(rummy legal India state, online poker legal India, fantasy sports state, Tamil Nadu gaming ban, Karnataka gaming, AP Telangana gaming ban)
 +metatag-description=(Rummy, poker, fantasy: what is legal in your state in India 2026. State-by-state breakdown of online gaming bans and exemptions.)}}
  
 +====== Rummy, Poker, Fantasy: What's Legal in Your State? ======
 +
 +**The 30-second version:** Since **1 May 2026**, the **Promotion and Regulation of Online Gaming Act, 2025** bans every online money game — rummy, poker and fantasy included — **nationwide**, skill or chance (Section 5 read with Section 2(1)(g)). So the state-by-state differences below now matter only for **offline** play (casinos, lotteries) and for understanding the legal history. Before 2026, India had no single online-gaming law: each state could ban or licence real-money games, and several did. Here is the state-by-state position that existed until the federal ban.
 +
 +===== State-wise position (the pre-2026 patchwork) =====
 +
 +^ State ^ Online rummy, poker & fantasy (pre-2026) ^ Governing state law ^
 +| **Tamil Nadu** | Banned — rummy and poker listed as games of chance | Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 (Act 9 of 2023) |
 +| **Andhra Pradesh** | Banned — online gaming, betting and wagering | Andhra Pradesh Gaming (Amendment) Act, 2020 |
 +| **Telangana** | Banned — including games of skill | Telangana Gaming (Amendment) Act, 2017 (Act 29 of 2017) |
 +| **Karnataka** | Banned — SC restored the 2021 ban on 27 May 2026 | Karnataka Police (Amendment) Act, 2021 (HC struck down 14 Feb 2022; **restored by the Supreme Court**, //State of T.N. v. Junglee Games//, 2026 INSC 594, 27 May 2026) |
 +| **Kerala** | Allowed — the rummy-ban notification was quashed | Kerala Gaming Act, 1960 (notification under Section 14A quashed, //Gameskraft Technologies v State of Kerala//, 27 Sep 2021) |
 +| **Sikkim** | Licensed — skill and chance, within Sikkim | Sikkim Online Gaming (Regulation) Act, 2008 (Act 23 of 2008) |
 +| **Nagaland** | Licensed — games of skill only | Nagaland Prohibition of Gambling, Promotion & Regulation of Online Games of Skill Act, 2015 (Act 3 of 2016) |
 +| **Meghalaya** | Licensed — skill and chance | Meghalaya Regulation of Gaming Act, 2021 (Act 9 of 2021) |
 +| **Goa, Daman & Diu** | Offline casinos licensed (not online) | Goa, Daman and Diu Public Gambling Act, 1976 |
 +| **All other states & UTs** | Allowed — skill games | Public Gambling Act, 1867 (adopted), skill exemption — //State of AP v K. Satyanarayana//, 1968 |
 +
 +In the ban states, fantasy sports for money generally followed rummy and poker; in the licensing states (Sikkim, Nagaland, Meghalaya) it required the same state licence.
 +
 +===== How the state patchwork arose (2017-2022) =====
 +
 +Between 2017 and 2022 several states moved to ban online real-money games, and the High Courts repeatedly pushed back on the skill-game bans:
 +
 +  * **2017 — Telangana** amended the Telangana Gaming Act, 1974 (Act 29 of 2017) to bring "cyber space" and online gaming for money within "common gaming house", covering games of skill too; offences made cognizable and non-bailable. A constitutional challenge is pending.
 +  * **2020 — Andhra Pradesh** amended the AP Gaming Act, 1974 to ban online gaming, betting and wagering. A challenge is pending in the High Court.
 +  * **2021 — Tamil Nadu** first banned online games of skill for stakes; the **Madras High Court struck the 2021 amendment down** in //Junglee Games v State of T.N.// (3 Aug 2021). The State returned with the **2022 Act**, which lists rummy and poker in a schedule of prohibited games of chance. The Supreme Court upheld this 2022 Act on 27 May 2026 (//State of T.N. v. Junglee Games//, 2026 INSC 594).
 +  * **2021 — Karnataka** banned all online gaming including skill; the **Karnataka High Court struck the amendment down** in //All India Gaming Federation v State of Karnataka// (14 Feb 2022) as violative of Articles 14, 19(1)(a), 19(1)(g) and 21. The **Supreme Court reversed this on 27 May 2026** (//State of T.N. v. Junglee Games//, 2026 INSC 594) and restored the ban, holding that betting on skill games is gambling and attracts no Article 19(1)(g) protection.
 +  * **2021 — Kerala** issued a notification banning online rummy for stakes; the **Kerala High Court quashed it** in //Gameskraft Technologies v State of Kerala// (27 Sep 2021), holding rummy a game of skill and that "playing for stakes or not for stakes can never be a criterion" of skill.
 +
 +The thread running through the struck-down laws: a state may legislate on "betting and gambling" (Entry 34, State List), but games of skill are constitutionally protected under Article 19(1)(g), and an absolute online embargo is disproportionate. That state-level tug-of-war is now overtaken by the 2025 federal ban.
 +
 +===== The "skill vs chance" test (the old rule, now superseded online) =====
 +
 +  * **Skill games** (rummy, fantasy sports, poker, chess) — the Supreme Court has held these are NOT gambling (//RMD Chamarbaugwala//, 1957; //State of AP v K. Satyanarayana//, 1968; //K.R. Lakshmanan v State of TN//, 1996). Default position: **legal**.
 +  * **Chance games** (cricket betting, dice, roulette) — covered by the Public Gambling Act, 1867. Default position: **illegal**.
 +  * **Important:** the 2025 Act **discards this distinction for online money games**. Section 2(1)(g) defines an "online money game" as one played for stakes "irrespective of whether such game is based on skill, chance, or both" — only e-sports are excluded. So for online play, the skill-vs-chance test no longer decides legality.
 +
 +===== Two universal rules (apply everywhere) =====
 +
 +  * **GST**: 28% on the full face value of every deposit (since 1 October 2023).
 +  * **TDS**: 30% on net winnings, deducted by the operator (Section 194BA); tax at 30% on winnings (Section 115BBJ).
 +
 +Official: [[https://gstcouncil.gov.in|GST Council]] · [[https://incometaxindiaindia.gov.in|Income-tax Act 115BBJ / 194BA]] · [[https://gac.gov.in|Grievance Appellate Committee]] · [[https://cybercrime.gov.in|Cyber-crime helpline 1930]].
 +
 +===== Since 1 May 2026: the nationwide online ban =====
 +
 +The state-by-state picture above is the **pre-2026** position. For anything played **online**, the **Promotion and Regulation of Online Gaming Act, 2025** (Act 32 of 2025, in force 1 May 2026) now bans online rummy, online poker and online fantasy sports for money **nationwide**, regardless of whether a state earlier treated them as games of skill. **Section 5** prohibits offering any "online money game"; **Section 2(1)(g)** defines that to include games "based on skill, chance, or both" (e-sports excluded). Offering one attracts up to **3 years** imprisonment or a fine up to **₹1 crore** (Section 9(1)); advertising one up to **2 years** or **₹50 lakh** (Section 9(2)); facilitating fund transfers up to **3 years** or **₹1 crore** (Section 9(3)). Offences under Sections 5 and 7 are **cognizable and non-bailable** (Section 10), and online money gaming services can be **blocked under Section 69A of the IT Act, 2000** (Section 14). The Act also reaches offshore operators targeting Indian users (Section 1(2)). Only free-to-play social versions with no money staked remain outside the ban. Read [[:which-money-game-is-legal-in-india|which money game is legal in India]] and [[:is-online-rummy-legal-india-2026|is online rummy legal in 2026]].
 +
 +===== Full Guide =====
 +
 +For the SRB framework, IT Rules 2023, complete law citations, what to do if winnings are not released, and 12 FAQ:
 +
 +**→ [[online-gaming-legal-india-2026|Read the full Online Gaming Law guide for India 2026]]**
 +
 +  * [[gambling-laws-india-complete-citizen-guide|Gambling laws — broader citizen guide]]
 +  * [[upi-gambling-fraud-india|UPI gambling fraud — what to do]]
 +
 +//Last reviewed 1 July 2026 by the RTI Wiki editorial team. Statutory position verified against the Promotion and Regulation of Online Gaming Act, 2025 (Act 32 of 2025, in force 1 May 2026) and the state gaming statutes cited above. Not legal advice for specific cases.//
 +
 +
 +===== Rummy, poker, and fantasy sports: State-wise legal status in India (2026) =====
 +
 +Rummy, poker, and fantasy sports — complete state-wise legal guide for 2026:
 +
 +  - **Step 1: The legal framework.** (a) gambling is a state subject (under Entry 34 of the State List — Schedule VII of the Constitution — each state can legislate on "betting and gambling" — and the laws vary by state), (b) the Public Gambling Act, 1867 (the central law — which is the model law — adopted by many states — it prohibits gambling houses — and makes gambling a criminal offence — punishable with imprisonment up to 3 months — or fine up to Rs 200), (c) the key distinction: skill vs chance (the Supreme Court — in R.M.D. Chamarbaugwala vs. Union of India, 1957 — and in State of Bombay vs. R.M.D. Chamarbaugwala, 1957 — held that: (i) games of skill are NOT gambling (and are protected under Article 19(1)(g) — freedom to practice any profession), (ii) games of chance ARE gambling (and can be prohibited by the state), (d) the Supreme Court held that rummy is a game of skill (in State of Andhra Pradesh vs. K. Satyanarayana, 1968 — because rummy requires considerable skill — in memorising the fall of cards — and in forming sequences), (e) the Supreme Court has NOT ruled on poker or fantasy sports (the legal status of poker and fantasy sports is determined by state laws and High Court judgments — which vary).
 +  - **Step 2: Rummy — state-wise status.** (a) LEGAL (with restrictions): (i) Karnataka (the Karnataka High Court — in D. Krishna Kumar vs. State of Karnataka, 2012 — held that online rummy is a game of skill — and is legal — but the Karnataka Police Act was amended in 2021 — to ban online gambling — including rummy — but the amendment was struck down by the High Court in 2023 — and online rummy is legal again), (ii) Tamil Nadu (the TN High Court — in online rummy cases — held that rummy is a game of skill — and the ban was unconstitutional — but the TN government passed a new law in 2023 — the Tamil Nadu Online Gaming Authority Act — which bans online rummy and poker — this is being challenged in court), (iii) West Bengal (rummy is legal — under the West Bengal Gambling and Prize Competitions Act, 1957 — which exempts games of skill), (b) BANNED: (i) Andhra Pradesh (the AP Gaming Act was amended in 2020 — to ban online rummy — and rummy is banned — both offline and online), (ii) Telangana (the Telangana Gaming Act was amended in 2017 — to ban online rummy — and rummy is banned), (iii) Kerala (the Kerala High Court — in 2021 — upheld the ban on online rummy — but the Supreme Court has stayed the order — and the matter is pending), (iv) Assam (the Assam Game and Betting Act, 1970 — prohibits rummy — both offline and online), (v) Odisha (the Orissa Prevention of Gambling Act, 1955 — prohibits rummy — both offline and online), (vi) Sikkim (online rummy is legal — under a licence — but offline rummy is regulated), (c) LEGAL (with licence): (i) Nagaland (the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016 — legalises online rummy — with a licence), (ii) Sikkim (the Sikkim Online Gaming (Regulation) Act, 2008 — legalises online rummy — with a licence).
 +  - **Step 3: Poker — state-wise status.** (a) the legal status of poker is less clear (the Supreme Court has not ruled — and the High Courts are divided — some hold that poker is a game of skill — others hold that it is a game of chance), (b) LEGAL (as a game of skill): (i) Karnataka (the Karnataka High Court — in Indian Poker Association vs. State of Karnataka, 2013 — held that poker is a game of skill — and is legal — but the 2021 amendment — which was struck down — had banned poker), (ii) West Bengal (poker is legal — under the West Bengal Gambling Act — which exempts games of skill), (iii) Nagaland (poker is legal — under the Nagaland Act — with a licence), (c) BANNED: (i) Tamil Nadu (the 2023 Act bans online poker — along with rummy), (ii) Andhra Pradesh (the AP Gaming Act bans poker), (iii) Telangana (the Telangana Gaming Act bans poker), (iv) Gujarat (the Gujarat High Court — in 2015 — held that poker is gambling — and is banned — under the Gujarat Prevention of Gambling Act), (v) Assam, Odisha (poker is banned — under the state gambling acts), (d) GREY AREA: (i) Maharashtra (the Bombay Prevention of Gambling Act, 1887 — does not specifically mention poker — but the police treat it as gambling — and raid poker clubs — the legal status is unclear), (ii) Delhi (no specific law — but the police treat poker as gambling — the Delhi High Court has not ruled definitively), (iii) Goa (casinos are legal — under the Goa, Daman and Diu Public Gambling Act, 1976 — and poker is played in casinos — but standalone poker clubs are not legal).
 +  - **Step 4: Fantasy sports — state-wise status.** (a) fantasy sports (like Dream11, MyTeam11) — the legal status is determined by whether they are games of skill or chance, (b) LEGAL (as a game of skill): (i) Punjab and Haryana (the Punjab and Haryana High Court — in Varun Gumber vs. Union Territory of Chandigarh, 2017 — and in Ravneet Garg vs. State of Haryana, 2020 — held that Dream11 is a game of skill — and is legal), (ii) Bombay HC (the Bombay High Court — in Gurdeep Singh vs. State of Maharashtra, 2019 — held that Dream11 is a game of skill — and is legal), (iii) Rajasthan (the Rajasthan High Court — in 2021 — held that fantasy sports are games of skill), (c) BANNED: (i) Andhra Pradesh (the AP Gaming Act amendment — 2020 — bans online fantasy sports), (ii) Telangana (the Telangana Gaming Act — bans online fantasy sports), (iii) Assam (the Assam Game and Betting Act — bans fantasy sports), (iv) Odisha (the Orissa Prevention of Gambling Act — bans fantasy sports), (v) Sikkim (fantasy sports are regulated — and require a licence — but Dream11 and others do not operate — due to the licence conditions), (d) Tamil Nadu (the 2023 Act — bans online fantasy sports — along with rummy and poker — but this is being challenged in court), (e) the NITI Aayog (in 2020 — issued draft guidelines — for online fantasy sports — recognising them as games of skill — and proposing a self-regulatory body — but the guidelines are not binding).
 +  - **Step 5: Goods and Services Tax (GST).** (a) the GST on online gaming (rummy, poker, fantasy sports) was revised in 2023 (the GST Council — in August 2023 — imposed a 28% GST — on the full face value of bets — not just the platform fee — for all online gaming — including games of skill), (b) the 28% GST is on the face value (the total amount deposited by the player — not the commission/platform fee — which was the earlier practice — at 18% on the platform fee), (c) the GST has made online gaming platforms unviable (the platforms have to absorb the 28% GST — or pass it on to the players — which reduces the prize pools — and the player returns), (d) the GST is applicable from October 1, 2023 (and the platforms have revised their fee structures — and prize pools — to account for the 28% GST), (e) File RTI with the CBIC (asking for: (i) the GST notification on online gaming — the rate — and the face value definition, (ii) the GST collected from online gaming platforms — from [date] to [date] — and the number of platforms registered).
 +  - **Step 6: File RTI.** File RTI with the concerned state government (Home/Law Department) asking for: (a) the legal status of online rummy/poker/fantasy sports in [state] (the specific law — and the section — and the ban or legality — and the date of the amendment), (b) the number of cases registered (for online gambling — in [state] — from [date] to [date] — and the number of convictions — and the status of the cases), (c) the number of licences issued (for online gaming — in [state] — if applicable — and the list of licensees — and the conditions), (d) the government's policy on online gaming (the policy document — the NITI Aayog guidelines — and the state's position — on games of skill vs chance), (e) the GST collected (from online gaming platforms — in [state] — from [date] to [date] — and the number of platforms — and the compliance status).
 +  - **Step 7: Consumer protection.** (a) if the player loses money on an illegal platform: the player can file a complaint (with the cyber crime cell — for fraud — and with the consumer court — for unfair trade practice), (b) if the platform refuses to pay winnings: the player can file a complaint (with the consumer court — and with the state gaming authority — if one exists), (c) if the platform is illegal: the player cannot enforce the winnings (as the contract is illegal — under Section 23 of the Indian Contract Act, 1872 — but the player can file a complaint — for fraud), (d) Example: A player won Rs 5 lakh on Dream11 — but the platform refused to pay — citing a "technical error" — the player filed a consumer complaint — the Commission ordered Dream11 to pay Rs 5 lakh + Rs 50,000 compensation — as Dream11 is a game of skill (as held by the High Court) — and the refusal to pay is a deficiency of service.
 +
 +See [[https://righttoinformation.wiki/rummy-poker-fantasy-state-laws|Rummy Poker Fantasy Laws]] and [[https://righttoinformation.wiki/guide/find-pio-2026|Find PIO]].
 +
 +{{tag>rummy poker fantasy sports state laws india skill chance supreme court gambling public gambling act gst 28 percent dream11 legal illegal 2026}}