Is poker legal in India? State-by-state, in plain English.
Every state's position, the High Court rulings that matter, and what's actually playable. Updated regularly by the PokerhubIndia editorial team.
May 2026 Supreme Court ruling — read what changedWhat the May 2026 Supreme Court ruling changed
Editorial summary last reviewed 3 July 2026. This is not legal advice — verify the current position with counsel before acting.
- Skill games classified as gambling for GST purposes. The Court held that games of skill involving stakes — including poker — fall within the meaning of “betting and gambling” for GST classification, departing from the earlier separation of skill and chance for tax purposes.
- Retrospective 28% GST on bet face value upheld. The 28% GST regime on the full face value of bets (not on gross gaming revenue) was upheld with retrospective effect, exposing operators to substantial historic tax liability.
- State-level ban authority reaffirmed. The judgment confirmed that individual states retain constitutional authority to prohibit or regulate poker and other skill gaming within their borders, including live in-person formats.
Practical effect: earlier confident statements that “live, in-person poker is unaffected” no longer hold. Live poker continues to be played in states that have not passed a ban, but the tax regime has shifted and further state-level action is now clearly on the table. Treat live poker's current status as an open legal question and verify locally before relying on historical High Court skill-game jurisprudence.
National position
For decades, Indian High Courts (Karnataka, Madras, Calcutta, Bombay, Andhra Pradesh) held that poker is a game of skill and protected from state gambling laws. In May 2026 the Supreme Court reclassified skill games — poker included — as gambling for GST purposes, upheld retrospective 28% GST on the face value of bets, and reaffirmed state authority to prohibit or regulate poker within their borders. Live poker is fully licensed only in Goa, Sikkim and Daman. Online real-money poker sits under the Promotion and Regulation of Online Gaming Act, 2025. Treat live poker's current position as an open legal question and verify locally.
- Read source
GST on skill gaming — May 2026 ruling
Supreme Court of India · 15 May 2026
Classified skill games (including poker) as gambling for GST purposes, upheld retrospective 28% GST on bet face value, and reaffirmed state authority to prohibit or regulate poker. Materially shifts the tax and prohibition landscape earlier HC skill-game rulings did not contemplate.
- Read source
Indian Poker Association v. State of Karnataka
Karnataka High Court · 8 Oct 2013
Held that no police permission is required to play poker in recreational clubs in Karnataka as poker is a game of skill.
- Read source
State of Andhra Pradesh v. K. Satyanarayana
Supreme Court of India · 29 Jan 1968
Foundational ruling distinguishing games of skill from games of chance — relied on by every later poker judgment.
- Read source
Promotion and Regulation of Online Gaming Act, 2025
Parliament of India · 22 Aug 2025
Prohibits uncertified online real-money games (including most online poker for cash) nationwide, with a certification path for skill games via a recognised SRO. After the May 2026 Supreme Court ruling, its interaction with GST liability and state-level bans is still evolving.
Allahabad HC — Uttar Pradesh poker case
The Allahabad High Court is currently hearing a petition seeking declaration of poker as a game of skill in UP, which would bring it in line with Karnataka and West Bengal. UP has no specific poker licensing framework — private member-only games are widely played in Noida, Ghaziabad and Lucknow under the skill-game exception relied on in other states.
Every state, at a glance
Haryana follows the Public Gambling Act, 1867 with a skill-game exception. There is no specific poker licensing, but private games in NCR (Gurgaon, Faridabad) operate under the same skill-game basis.
Delhi Public Gambling Act applies, with the same skill-game carve-out. No specific poker licensing.
The Allahabad High Court is currently hearing a petition seeking declaration of poker as a game of skill in UP, which would bring it in line with Karnataka and West Bengal. UP has no specific poker licensing framework — private member-only games are widely played in Noida, Ghaziabad and Lucknow under the skill-game exception relied on in other states.
Punjab applies the 1867 Act. Chandigarh tri-city has small private circuits.
Rajasthan Public Gambling Ordinance applies; skill-game exception holds. Jaipur and Udaipur have active home-game circuits.
Small Shimla/Manali circuit. No specific framework.
Dehradun has a small home-game scene.
Maharashtra's Bombay Prevention of Gambling Act predates poker jurisprudence. There is no specific poker licensing or ban — Mumbai and Pune have a thriving private member-only club scene that relies on the all-India skill-game position established by the Supreme Court and Karnataka HC.
Gujarat HC held in 2017 that poker is NOT a game of skill under the Gujarat Prevention of Gambling Act. Live games operate quietly in Ahmedabad. Appeal pending at Supreme Court.
Goa is one of only three states where licensed live casinos operate. The Goa, Daman and Diu Public Gambling Act allows licensed table games (including poker) on offshore vessels and in five-star hotels.
Karnataka HC has expressly held that poker is a game of skill and no police permission is required to play it in recreational clubs. The Karnataka Police (Amendment) Act 2021, which tried to ban online skill games for stakes, was struck down by the HC in 2022.
TN Online Gaming Authority Act, 2022 banned online games played for stakes. The Madras HC upheld much of it in 2023. Live poker is not specifically licensed but Madras HC has historically recognised poker as a game of skill in K.R. Lakshmanan.
Telangana Gaming (Amendment) Act, 2017 banned all wagering and betting, expressly removing the skill-game exception. The Telangana HC dismissed challenges in 2024. Hyderabad's live scene operates in a strict grey zone.
AP Gaming (Amendment) Act 2020 banned online games for stakes. Live position similar to other South states — relies on skill-game test.
Kerala HC struck down a 2021 notification banning online rummy. Live poker continues under the skill-game exception.
West Bengal Gambling and Prize Competitions Act expressly exempts poker (along with bridge and rummy) from the definition of gambling — making WB one of the most poker-friendly states in India.
One of the strictest state laws; live poker not advisable.
Bihar prohibits most forms of gaming for stakes.
Ranchi/Jamshedpur — small private circuit.
MP follows the 1867 Act. Online format challenges pending at MP HC. Indore and Bhopal have small private circuits.
Raipur — small private circuit.
Assam prohibits games for stakes, including skill games.
Sikkim Casinos (Control & Tax) Act licenses live casinos including poker. Casino Mahjong and Casino Sikkim operate in Gangtok.
Meghalaya Regulation of Gaming Act 2021 created a licensing framework for casino gaming, but no major licensed operators are active in the state at this time. Treat as a framework-only jurisdiction, not an accessible licensed market.
Strict prohibition.
Nagaland Prohibition of Gambling & Promotion and Regulation of Online Games of Skill Act, 2016 licenses poker as a game of skill for online operators. The licensing framework does not extend to live venue operators or home games — those remain subject to the general gambling statute.
Strict prohibition.
Strict prohibition.
Strict prohibition.
Tri-city community plays under the 1867 Act framework.
No specific poker framework; small community in Jammu and Srinagar.
Indian players abroad — laws of the country of residence apply.
Statutory Citation
"Nothing in this Act shall apply to any game of mere skill wherever played…"
— Public Gambling Act, 1867 (adopted by most Indian states)
Frequently asked questions
Is poker legal in India?
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It is an open question following the Supreme Court's May 2026 ruling. High Court jurisprudence going back decades (Karnataka, Madras, Calcutta) has consistently treated poker as a game of skill, and those rulings have not been formally overturned. But the May 2026 Supreme Court judgment classified skill games including poker as gambling for GST purposes, upheld retrospective 28% GST on bet face value, and reaffirmed that individual states have the constitutional authority to prohibit or regulate poker within their borders. Live, in-person poker in states that have not passed a ban is still being played, but the legal landscape has genuinely shifted. Verify the current position in your state before relying on any historical summary.
Which Indian states allow live poker?
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Goa, Sikkim and Daman have licensed casino poker. Telangana and Andhra Pradesh ban poker by statute. Tamil Nadu and Karnataka have restrictions on online formats. Elsewhere, live in-person poker has historically been played under the skill-game doctrine, but the Supreme Court's May 2026 ruling upholding state authority to ban skill gaming means more states may act — check your specific state page for the current position and the date it was last reviewed.
Is online poker legal in India after the 2025 Online Gaming Act?
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The Promotion and Regulation of Online Gaming Act, 2025 creates a certification regime for online games under a government-recognised SRO. Uncertified real-money online games — including most online poker platforms operating outside the new framework — face restrictions. The Supreme Court's May 2026 ruling then classified skill games as gambling for GST purposes and upheld state authority to ban them, which adds tax and prohibition risk on top of the Act's framework. Whether live, in-person poker is 'unaffected' is no longer a safe assumption; states may act, and tax exposure has changed. Check the latest MeitY notifications and your state's current position.
Can I host a home poker game in India?
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Private home games among friends, without a house rake or commercial profit, have historically been treated as outside gambling statutes in skill-game states. Charging a rake or running it commercially can attract licensing, GST and potentially state-level prohibition — especially after the May 2026 Supreme Court ruling recognising state authority over skill gaming. Review your state's gaming act and consult a lawyer for anything with a commercial element.
Are poker winnings taxable in India?
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Yes. Poker winnings are taxed at a flat 30% under Section 115BB of the Income Tax Act (plus surcharge and cess), with TDS deducted at source by the operator. There is no deduction for losses or expenses against poker income. For live poker clubs and venue operators: rake and tournament buy-ins are subject to 28% GST, and the Supreme Court's May 2026 ruling upheld retrospective 28% GST on the full face value of bets — a very material exposure for operators. Consult a chartered accountant for your specific structure.
Editorial summary, not legal advice. Consult a qualified attorney for your specific situation.