Bet365 is an online betting platform that has been making the rounds in India in recent months. Users can wager on the outcome of a variety of sporting events at Bet365. A big number of Indians use the Bet365 app to gamble on sporting events online. However, many people are questioning whether Bet365 is legal in India.

The number of people who utilize online betting services like Bet365, Betfair, and Dream11 is growing.

As a result, the purpose of this special essay is to answer all of your questions about online betting platforms and their legal position in India.

Why Bet365 is in News?

In India, cricket is the most popular sport. Cricket betting has been practiced in India for quite some time. The authorities have not been able to entirely restrain it despite their best efforts.

Online cricket betting, on the other hand, is a relatively recent phenomenon in the country. The just finished season of the Indian Premier League (IPL)[1], a cricket sports league championship, has become a popular online betting event.

Surprisingly, online channels for IPL betting rose by a factor of ten as the tournament progressed. The popularity of pre-existing online betting platforms is to blame for the proliferation of platforms.

As the Cricket World Cup 2019 approaches, these platforms anticipate a bigger user turnout than the just finished IPL 2019 season.

Going Legal- Is Bet365 Legal in India?

Is Bet365 legal in India, the pressing question? If not, how can they operate freely in India?

Let’s take a look at the legal status of these sites and the Indian betting sector.

Betting is banned in India, but not in the strictest sense. Gambling’s unclear status in India stems from the fact that it is a state subject. The states have complete autonomy in enacting their own gaming legislation.

Let’s take a closer look at India’s betting legislation.

Online Betting Laws in India

Although there are no explicit rules governing online betting in India, there are laws that can be used to regulate this practice.

Betting and Gambling Laws

Wagering contracts and gambling in public places are expressly prohibited by the Indian Contact Act of 1872 and the Public Gambling Act of 1867[2].

However, the law, which dates back to the nineteenth century, does not cover internet betting activities as part of its designated range of forbidden activities.

Because Bet365 and Dream11 are online betting platforms, we’ll look into India’s information technology legislation.

Information Technology Laws

The Information Technology Act of 2000 is the law that governs cyber operations on Indian soil.

The statute, on the other hand, makes no mention of the words “betting” or “gambling” anywhere in its text. As a result, internet betting sites such as Bet365 and Dream11 are not covered by this statute.

State Laws for Online Betting

The states have the right to create and control their own internet betting rules. Only two Indian states have passed legislation on the subject thus far.

When it comes to state laws, states like Maharashtra have banned online betting under the Bombay Wager Act on their own.

Sikkim, on the other hand, has legalized online gaming in the state. The scope of this authorization is tightly limited to the state’s geographical borders.

Surprisingly, Indian law divides games into two types, i.e. Games of skill and games of luck or chance are two types of games.

Skills vs. Luck View

Sports events in India are divided into two categories according to Indian law. One is forbidden, while the other is permitted to operate.

  • Game of Skills

According to the law, occurrences whose outcome can be obtained via the application of skill by the parties concerned as stakeholders are not regarded as a gamble.

  • Game of Luck/Chance

Gambling is defined as any act whose outcome can exclusively be determined by the effect of luck or chance for the party involved or stakeholders. The act of gambling in this manner is prohibited by law.

However, whether a game is a game of skill or a game of chance is still controversial, because sports with comparable features are classified differently.

For exampleHorseback riding and rummy are considered skill games, whereas cricket and poker are considered luck games and are not permissible to wager on.

This keeps the law for gambling activities in a hazy state and adds to the confusion.

Recent Legal Developments

The Law Commission of India’s suggestion is the most recent update from legal authorities on betting in India.

The commission has proposed that betting and gaming be made legal in India. However, it is also suggested that such activities be carried out in a controlled atmosphere.

According to the commission, a complete boycott of such activities does not have the desired results.

Is Bet365 legal in India? According to the law commission, it should be.

Legal Loophole- Why Bet365 is Legal In India?

Because of the following factors, online gambling is legal in India;

Indian Law vs. Local Laws

The fact that Bet365 is not outlawed in India is due to the fact that it is not based in the country. Bet365 and Dream11’s servers are located in countries where sports betting is allowed.

Indian laws only apply to acts that take place within the country’s geographical boundaries.

An Indian who travels to England and wagers on a sporting event, for example, is not breaking any laws. The reason for this is that sports betting is considered a legitimate activity in England.

If a person is caught doing the same thing in a country where betting on sports events is prohibited, he will be prosecuted under anti-gambling legislation.

Similarly, operating casinos is outlawed in other Indian states.

In contrast, according to municipal legislation, doing the same in Las Vegas is legal. As a result, the laws of the country in which they operate take precedence over Indian laws.

Defying the Foreign Exchange Management Act (FEMA), one could wonder why, since Indians pay from India and with Indian currency, the government cannot prohibit such transfers.

Why is it that the Indian government is unable to prohibit these payments from being made through Indian banks?

Indians are finding online betting to be a smooth experience thanks to the uncertainty of Indian laws and the clever techniques of online betting platform owners.

Previously, Indian banks’ debit and credit cards were accepted by betting platforms. They were, however, barred from doing so once the authorities took action. As a result, many websites were no longer accepting Indian credit cards.

The usage of virtual money was included in the procedure to deal with the dilemma. It is unlawful to bet using Indian bank cards, but it is permissible to change that money into virtual currency and wager with that.

Virtual money is the currency that is used to place bets on online betting sites and applications such as bet365, Betfair, and others. This service is available via a variety of virtual money wallets.

Can We Ban Wallets for Accepting Gambling Money From India?

Only a few wallets forbid Indians from using virtual money for gambling. A multi-layered transaction process solution was implemented to address this issue. To place bets, the virtual money was changed into another virtual currency.

Online betting was also possible with the use of cryptocurrency. However, since the government proclaimed cryptocurrencies to be illegal tender in India, their use has dropped dramatically.

The Rise of Online Betting Platforms After Bet365

For many businesses around the world, successful user retention on Bet365 was a eureka moment. A huge number of Indian betting sites and Indian betting apps, as well as foreign competitors, entered the market in a short period of time.

These companies soon recognized the potential of a country with a population of 1.35 billion people (Approx.). In India, the internet betting sector is estimated to be worth $60 billion.

Famous investors have put their money into such platforms because of the market’s potential. Furthermore, celebrities were paid a large sum of money to represent these platforms. This was done in order to entice more people to use their platforms.

In India, online gambling is no longer limited to cricket or a few sporting events; it now allows Indians to wager on anything and everything.

The Future of Bet365 and Dream11 in India

The future of this sector is in the hands of Indian legislators. A robust ban against online gambling platforms could put an end to India’s online betting industry.

If lawmakers act in the current situation, it will be interesting to see what happens.

As of now, many firms are launching to take advantage of the current loophole. To facilitate the former, firms are sprouting not just in the online betting platforms but also in the virtual wallet sector.

Take away from the discussion ‘is Bet365 Legal in India’?

We may confidently conclude that Indian laws governing internet betting and gambling are unclear and discretionary in character.

In India, online betting is neither allowed nor illegal at the moment. Indians can engage in internet betting unless a law prohibiting it is enacted.

We hope you now have an answer to your question about whether Bet365 is legal in India. Don’t forget to leave a comment if you have any questions about this topic.

Read, also: Relinquishment Deed in India: Key Components
Section 44ADA – Presumptive Tax Scheme for Professionals