Indian gamers have flocked to the Aviator game, raising legal concerns. This crash betting game, where players guess how long a virtual airplane will fly before disappearing, operates in a complex legal context that differs throughout India’s states and territories. India’s gambling legislation, state-specific regulations, and the growing digital gaming ecosystem must be examined to determine if the Aviator game is lawful. To play Aviator game legally, you can sign up on Indibet app and website.
Understanding the Aviator Game
Understand the Aviator game and how it works before discussing legal issues. Aviator, a crash-style betting game by Spribe, lets users bet on a multiplier that rises while a virtual plane passes across the screen. Simple goal: cash out before the plane leaves. The multiplier increases with time, but if the plane disappears before you cash out, you lose.
The game uses an RNG, making each round’s outcome uncertain. Its Indian legal classification depends on its luck rather than competence. Indian players like the game’s simplicity and huge rewards, although its legality has been questioned.
The Legal Framework: Public Gambling Act of 1867
The Public gaming Act of 1867, a colonial law, governs gaming in India. This act was passed before the internet, making its application to online gambling complicated. The Act forbids:
- Managing a public gaming house
- Visiting a casino to gamble
- In a gaming house with gaming equipment
Violating the Public Gambling Act can result in fines of up to ₹200 for operators and ₹100 for players, as well as possible imprisonment. Online gambling like the Aviator game is ambiguous because the Act focuses on physical “gaming houses”.
State-Specific Gambling Laws
Under India’s constitution, each state can pass its own gaming legislation. This has created a patchwork of laws across the country, with some states permissive and others rigid.
States with Strong Online Gambling Bans
The Aviator game is forbidden in several states that ban internet gambling:
Telangana: The Gaming Act was revised in 2017 to prohibit online gaming, with penalties including imprisonment for up to three years and fines up to ₹5 lakhs.
Andhra Pradesh: In 2020, the state banned online gambling and betting, including Aviator.
Tamil Nadu: In 2022, Tamil Nadu banned online gambling after multiple incidents.
Karnataka: The High Court overturned the ban on online games, although the state still bans games of chance.
Assam and Odisha also ban internet gambling.
States with Regulated Gambling
Goa: Famous for its land-based casinos, Goa has allowed certain gambling but prioritizes land-based casinos.
One of the first states to regulate internet gaming, Sikkim approved the Sikkim internet Gaming (Regulation) Act in 2008, allowing registered operators to provide specified games. Licenses are limited to state operators.
Nagaland: The state licenses skill gaming but restricts chance games.
Meghalaya: New online gaming rules emphasize skill over chance.
Games of Skill vs. Games of Chance
An important distinction in Indian gambling law is between “games of skill” and “games of chance.” The Supreme Court of India has frequently ruled that games requiring substantial skill are legal, while chance-based games are not.
With its RNG-based results and lack of player control, Aviator is a game of chance. It’s a game of chance because players can’t control when the plane flies away. In states that ban games of chance, the Aviator game would likely be illegal gambling.
The Online Gaming Regulatory Landscape
- The Aviator game’s digital form complicates its legality. India’s Information Technology Act of 2000 does not include internet gambling. Many offshore operators provide Aviator to Indian players due to this legal gap.
- However, the government has addressed this gap:
- Website blocking: The government can order ISPs to prohibit illicit websites, including gambling sites, under Section 69A of the IT Act.
- Limitations on Payment: The Reserve Bank of India instructs banks and payment processors to prevent online gambling transactions, although implementation varies.
- Advisory Notes: The Ministry of Information and Broadcasting has repeatedly advised media platforms, influencers, and marketers not to promote online betting and gaming services.
Risks of Playing Aviator in India
Legal Risks
Possible state gambling prosecution
States with severe anti-gambling legislation fine and jail.
Legal remedies for operator conflicts are difficult.
Financial Risks
No player fund regulation
Risk of payment processing issues
Possible FEMA breaches for international transactions
Winning tax consequences
Security Risks
An unregulated platform may not guarantee fair play.
Possible data breaches and privacy violations
Possible fraud and scams
Limited consumer protection
Conclusion
The legality of aviator game is completely dependent on the geolocation. The concern is different for different states of India.
If you are interested in knowing the legality concerns of other betting games, you can read a similar blog that was published on the Indibet official site.