Aviator Game is becoming more popular recently and everyone in and around India wants to play this game. But the major concern is its legality. Is the Aviator game legal in India? is the crucial question that revolves around everywhere. In this blog we will discuss the legal aspect of playing the Aviator game in India in detail.
You can also check the legality of other online betting games and how to play them legally in the kinds of blogs on the Indibet site.
The Foundation of India’s Gambling Laws
The constitutional division of power and a 158-year-old core act underpin India’s gaming laws, which are fragmented and antiquated.
Public Gambling Act, 1867
Indian gambling law is based on the 1867 Public Gambling Act. Public gambling houses are illegal under this pre-digital rule. However, it only covers physical facilities and does not address internet gambling, leaving a regulatory gap that online firms have exploited.
States’ Authority
Under the Indian Constitution, “betting and gambling” is on the State List, giving each of the 28 states and 8 union territories the ability to pass its own legislation. A legal behavior in one jurisdiction may be illegal and penalized in a neighboring one due to this patchwork of laws. Many states have banned casino gambling, although Goa, Sikkim, and Daman have authorized it.
The Crucial Distinction: Game of Skill vs. Game of Chance
The contrast between a “game of skill” and a “game of chance” is the most important factor in evaluating the legality of any stakes game in India.
Chance games: Random elements affect the outcome. Such games for stakes are considered gambling and illegal under the Public Gambling Act and most state legislation.
Skill games depend more on the player’s skill, knowledge, judgment, and strategy than on luck. Under Article 19(1)(g) of the Constitution, “mere skill” games are legal business operations, according to the Supreme Court.
Courts utilize the “predominance test” to determine a game’s nature, weighing skill over chance. Landmark Supreme Court rulings clarified:
Despite the chance element in card dealing, State of Andhra Pradesh v. K. Satyanarayana (1968) found that Rummy is a game of skill since it demands memory and strategy.
In contrast, ‘three-card’ and ‘flush’ are chance games.
By design, the Aviator game uses a RNG to crash the virtual plane. Guessing a random outcome determines success, not skill, strategy, or judgment. It’s a game of chance, hence most Indian state laws prohibit it as gambling.
A Patchwork of State Laws: A State-by-State Breakdown
| State/Region Category | Legal Status of Online Gambling/Games of Chance | Relevant States and Acts |
| Strict Prohibition | Online gambling and betting are explicitly illegal, with severe penalties including fines and imprisonment. | Andhra Pradesh (Gaming Act, 1974), Telangana (Gaming Act, 1974), Tamil Nadu (Gaming Act, 1930), Karnataka (Police Act, 1963), Maharashtra (Prevention of Gambling Act), Gujarat (Prevention of Gambling Act, 1887), Odisha (Prevention of Gambling Act, 1955). |
| Regulated & Permitted | Gambling is legal under a strict licensing regime, often restricted to specific types of games or locations (e.g., physical casinos or licensed online platforms). | Goa & Daman (Public Gambling Act, 1976), Sikkim (Online Gaming Regulation Act, 2008), Meghalaya (Regulation of Gaming Act, 2021), Nagaland (Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2015). |
| Legal Gray Area | States that have not enacted specific laws addressing online gambling. The Public Gambling Act of 1867 technically applies, but its enforcement against individual online players is rare. | States like Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, etc., where the law is undefined for online platforms |
Conclusion
Aviator’s legality falls in the gray area in India. So knowing the complete information before starting the game would be fine. For more Aviator-related blogs, you can check the 96in site.