3.1 Introduction: Law, Skill and the Indian Poker Paradox

Poker in India today exists in a space where law, judicial interpretation, state policy, and ground-level enforcement rarely align perfectly. While courts have, in several instances, recognised poker as a game involving substantial skill, India’s federal structure leaves gambling regulation to individual states. As a result, poker’s legal status is not uniform across the country. In practice, the “ground reality” of poker in India is shaped less by abstract legal classifications and more by state legislation, police enforcement trends, licensing availability, and political will. This article examines how poker is actually treated and operated across different Indian states in 2025-26.

3.2 Safe Tables: Where Poker Finds Legal

West Bengal

West Bengal presents one of the clearest legal environments for poker. The state gambling law excludes games of skill from the definition of gambling, and poker clubs operate openly, often under recreation or amusement licences issued by local authorities. On the ground, poker rooms function with minimal interference so long as they are non-public, membership-based, and compliant with local police permissions. Enforcement is largely absent unless complaints of public nuisance or illegal betting arise.

Nagaland

Nagaland has taken a modern regulatory approach by recognising poker as a game of skill under the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016. Although the framework primarily addresses online gaming, the broader policy signal is permissive. Poker operators holding valid licences are treated as legitimate businesses, and income is openly taxed. Ground-level enforcement aligns with the statutory framework.

Sikkim

Sikkim allows poker through licensed casinos under Sikkim Casino (Control and Tax) Act, 2002 and regulated online platforms under Sikkim Online Gaming (Regulation) act, 2008. Physical poker is confined to approved premises, and unlicensed poker houses are not tolerated. The ground reality here is strict regulation rather than prohibition, making Sikkim one of the few states where poker enjoys formal legitimacy.

Goa

In Goa, poker is legally played within licensed land-based and offshore casinos under Goa, Daman and Diu Public Gambling Act, 1976. While poker houses outside casinos are not permitted, casino-based poker operates openly and is actively promoted as part of the state’s tourism economy. Enforcement outside this framework is strict, but within it, poker enjoys full regulatory protection.

Uttar Pradesh

Poker has seen judicial discussion in Uttar Pradesh. While no explicit ban on skill games exists, the licensing mechanism means poker clubs operate now freely. The ground reality in visibility of poker activity, primarily private or online, with police action has been changed and improved across region and have legitimacy.

3.3 Judicially Recognised but Practically Uncertain States

Karnataka

Karnataka has witnessed significant judicial engagement with poker and skill-based games, with courts recognising poker as a game of skill in certain contexts. However, legislative amendments and enforcement actions have created uncertainty. On the ground, physical poker houses do not operate openly, and online poker platforms face intermittent scrutiny. The reality is a legal grey zone, where judicial recognition exists but administrative tolerance fluctuates.

Delhi

Delhi does not have a dedicated state gambling statute and relies on the Public Gambling Act, 1867. While courts have acknowledged skill-based distinctions, poker houses are rare and operate discreetly. Social games in private spaces are generally tolerated, but commercial poker venues lack formal legal cover. Enforcement is selective and complaint-driven.

3.4 Folded Hands: Where Poker is Forced Off the Table

Telangana

Telangana has one of the strictest gambling regimes in India. Amendments to its gaming laws criminalise all forms of gaming for stakes, including games of skill under Telangana Gaming (Amendment) Act, 2017. On the ground, poker as both online and offline is actively prosecuted, with frequent FIRs, app bans, and arrests. Poker houses are non-existent.

Andhra Pradesh

Andhra Pradesh mirrors Telangana’s approach, treating poker as gambling irrespective of skill under Andhra Pradesh Gaming (Amendment) Ordinance/Act, 2020. Police enforcement is aggressive, and even online poker participation has resulted in criminal action. The ground reality is zero tolerance.

Gujarat

Despite arguments recognising poker as skill-based elsewhere, Gujarat treats poker as a game of chance under Gujarat Prevention of Gambling Act (1887). Poker houses are illegal, and enforcement actions against private poker games are not uncommon. The legal and practical position is firmly prohibitive.

Assam and Odisha

Both states maintain strict gambling laws with no skill-game exemptions applicable to poker. Poker activity especially for stakes is illegal, and enforcement, while sporadic, remains legally justified. Poker does not operate openly. Assam: Assam Game and Betting Act, 1970 and Odisha: Orissa Prevention of Gaming Act, 1955.

3.5 The Reality of Online Poker Across India

1. Poker in India exists in a complex, fragmented legal landscape, shaped by state-specific laws, judicial interpretations, and enforcement practices.
2. Offline poker (physical poker houses or card rooms) operates openly only in permissive states such as Goa, West Bengal, Sikkim, and Nagaland, where it is regulated or recognised as a game of skill.
3. In many other states, physical poker venues either do not exist, operate discreetly due to legal uncertainty, or are actively shut down under local gambling laws.
4. Online poker has grown rapidly, driven by younger demographics and digital adoption, with platforms often registered in permissive jurisdictions but accessible across India.
5. Millions of players participate daily on online platforms, even in states where the legal status of poker is unsettled.
6. Enforcement is selective and complaint-driven, with prohibitive states like Telangana, Andhra Pradesh, and Gujarat actively restricting poker operations.
7. Despite legal ambiguities, both offline and online poker are widely played, increasingly monetised, and subject to taxation, regardless of ongoing debates about legality.

3.6 When the Law Bluffs and Society Calls

A notable ground reality is the disconnect between social acceptance and legal enforcement. Poker is widely played:

1. At private gatherings,
2. During festivals such as Diwali,
3. Through online platforms accessed daily by millions.

Yet legality remains fragile and state-dependent, exposing players, operators, and even landlords to legal risk despite poker’s mainstream popularity.

3.7 Conclusion: Poker’s Unfinished Legal Game in India

The legal position of poker in India is not governed by a single statute or uniform judicial ruling but is shaped by a fragmented framework of state gambling laws, selective enforcement, and evolving social attitudes. While certain states have recognised poker as a skill-based game and permitted its regulated operation, others continue to treat it as gambling, leading to legal uncertainty and inconsistent application of the law across jurisdictions.

In the absence of a uniform national policy clearly distinguishing skill-based gaming from gambling, poker continues to exist in a legally divided landscape as lawful in some states, criminalised in others, yet socially accepted across much of the country. A coherent and harmonised regulatory approach is essential to ensure legal clarity, protect stakeholders, and align regulation with constitutional and technological realities.

Co- Authors - Aishwarya Mahajan & Vaibhav Karotia

Note:

This concludes Part III of a VI Part analytical series on The Legal Anatomy of Poker.

Part IV will examine the Rules & Regulations governing poker in India.