India does not have a unified national law specifically regulating poker establishments. Instead, gambling and gaming fall under the jurisdiction of individual states (Entry 34, List II, Seventh Schedule, Constitution of India). As a result, the legality, licensing requirements, and enforcement vary significantly from state to state. At the central level, the Public Gambling Act of 1867 prohibits running or being in charge of a “public gambling house,” which would cover an unlicensed poker club with penalties for operation, hosting, or visiting such an establishment.
The Promotion and Regulation of Online Gaming Act, 2025, was enacted after receiving Presidential assent on 22 August 2025. While the Act is in force, its operational commencement and detailed regulatory framework are subject to separate notification. The Ministry of Electronics and Information Technology has established an Online Gaming Authority and is outlining the scope and application of the law.
The constitutional validity of the Act has been challenged by industry stakeholders, and these matters are presently pending before the Hon’ble Supreme Court of India, which has deferred final adjudication until late January 2026 for consideration by a larger bench.
In terms of enforcement, violations attract criminal penalties, including imprisonment up to three years and fines up to ₹1 crore, with enhanced punishment for repeat offenses extending to five years’ imprisonment and higher fines. Stringent penal consequences also apply to advertisers and promoters of prohibited online gaming activities.In practical terms, while poker may be a “game of skill in legal theory,” it is real money online play is currently constrained by federal and state regulatory actions in India. The legal environment continues to evolve as courts address challenges to recent statutes and as state governments refine local gambling norms.
The Public Gambling Act, 1867, is foundational central legislation aimed at suppressing public gambling and the operation of common gaming houses in India. In the context of poker, the Act does not expressly prohibit the game per se; rather, its applicability hinges on whether poker is conducted as gambling in a common gaming house or qualifies as a game of skill.
Sections 3 and 4 criminalize the ownership, management, and participation in a common gaming house, prescribing penalties for both operators and players. However, the Act implicitly excludes games of skill from its ambit, and poker, depending on its format and manner of play, has been judicially examined to determine if skill predominates over chance. Consequently, poker played as a game of skill does not automatically attract liability under the Act unless a state law specifically notifies or regulates it as gambling.
The Act further empowers law enforcement agencies to enter, search, and seize gaming instruments from premises suspected of operating as common gaming houses, subject to procedural safeguards. Therefore, liability under the Public Gambling Act, 1867, arises primarily from the nature of the premises and stakes involved, rather than the mere act of playing the game itself.
If a state permits poker or recognises it as a game of skill, the following are typical legal requirements:
1. State-Specific Gaming/Entertainment Licence
• Obtain licensing from the state government gaming authority or home department (e.g., Sikkim/Nagaland).
• In West Bengal, seek an Amusement/Entertainment licence plus local authority (DM/Police) approval.
2. Local Municipal & Police Permissions
• Police clearance and fire-safety certificates from the local district or city police are commonly required to ensure public order compliance.
3. GST & Business Registrations
• Register the poker house as a business entity (LLP/Company).
• Obtain GST registration, trade licence, and Contracts for utilities.
4. Age & KYC Compliance (especially if allowing any stake or entry fee)
• Ensure only adults can enter robust KYC and age verification protocols must be in place.
• In states with online regulations (e.g., Tamil Nadu online rules), Aadhaar-based verification may be required for gaming activities.
5. Responsible Gaming & Consumer Protection Measures
• Signage restricting minors, support for responsible gaming, and transparent dispute mechanisms.
• Maintain records to demonstrate compliance if challenged.
6. Compliance Risks & Practical Considerations
Legal Classification: Some states (e.g., Gujarat) have ruled poker as a game of chance, so even skill-based arguments may not protect a poker house from prosecution.
State vs. Central Law Conflicts: While some states allow poker under skill-based exceptions, the Public Gambling Act still applies in many places, making an unlicensed poker venue a criminal offence.
New Legislation (Online Gaming Act, 2025): The recent Promotion & Regulation of Online Gaming Act, 2025 focuses on online platforms but reflects a national push toward stricter controls, which could influence future live gaming regulation.
Labelling poker as a game of pure chance oversimplifies its complexity and ignores its strategic architecture. Unlike games such as roulette or lotteries—where players have no control over outcomes—poker rewards decision-making under uncertainty, a hallmark of skill-based activities.The legal fallacy lies in equating uncertainty with chance. Law does not prohibit uncertainty; it prohibits games where human agency is irrelevant. Poker, far from being agency-free, is a test of calculated judgment.
To lawfully operate a poker house in India, a state-specific legal assessment is essential to determine whether poker is a game of skill and is permitted under the applicable legislation. In permissive or regulated States such as Goa, Sikkim, Nagaland, and West Bengal the operators must obtain requisite gaming or entertainment licences, police and municipal approvals. Also complete business and GST registration ensure compliance with KYC, age verification, responsible gaming, and safety regulations. Conversely, in prohibitive States, operating a poker house is unlawful and may attract criminal liability, seizure of premises, and prosecution. Given this fragmented regulatory framework, jurisdiction-specific legal due diligence and continuous compliance are indispensable.
Co- Authors - Aishwarya Mahajan & Vaibhav Karotia
Note: This concludes Part IV of a VI Part analytical series on The Legal Anatomy of Poker. Part V will examine the Legal Position of Landlords, Renting Property for Poker House in India.