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Is online poker legal in India?

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Poker online, as well as gambling online, in India is a complicated situation with many states moving towards regulating it and awarding licences to operators, and many other rigid in their opposition.

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Playing online poker is also confusing as the debate rages on about whether poker is a game of skill – and therefore permitted – or is a game of chance, and as a result not allowed. This is despite various Indian court judgements ruling poker as a game of skill.

Still, the best thing to remember is that no-one has ever been prosecuted for gambling online as no law exists to prohibit it explicitly.

Online gambling, of course, covers playing poker for real money, and positive news is that many states have begun explicating allowing and licensing online poker sites.

Most states now allow some operators to offer poker online to their residents, and online poker giant PokerStars.in has operated in India since 2018. Under Section 194B of the Income Tax Act, 1961, winnings above ₹10,000 are subject to a 30% Tax Deducted at Source (TDS). It is normally the responsibility of the online operator to deduct TDS before it releases the winnings.

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Residents of Assam, Nagaland, Odisha, Gujarat and Telangana will find they are unable to play with any Indian-registered poker sites online as they have specific legislation against games with cash stakes.

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But these players can still access play money games and can find online poker action hosted by sites outside Indian jurisdiction.