Legality of Using TheLotter App in India

TheLotter has been the top choice for all Indian bettors to secure wins from the international lotteries and casino games available here. This website has seen a surge in demand, due to which the developers have also launched their dedicated application. It is available for both Android and iOS devices, which means that purchasing the lottery tickets has now been made even easier for the players. But there has been a concern among the users, about whether the TheLotter app is legal to use in India or not. Take a look at this blog to learn more about the app’s legality and the scenario of online lottery in India. 

Understanding India’s Lottery Laws

Before we get to know about the legality of the mobile app, it is also necessary to take a look at the lottery laws in India. The lotteries in India are governed with the help of the Lotteries Regulation act of 1998, and this act has given the power to the states to conduct, organize, and even prohibit the lotteries in their regions. There are a few states in India, such as Kerala, Goa, Maharashtra, Sikkim, and Punjab, which have state-run lotteries. But there are a few states which have also imposed strict bans on the same. Along with that, the IPC Section 294A has also marked unauthorised lotteries as a crime. It should also be noted that there has been no mention related to international or online lotteries in this act, which makes it fall under the legal grey area.

Online Lottery Participation from India

With the introduction of online platforms to participate in the lotteries, the legal considerations for the same have been even more complex. Besides the Lottery (Regulation) Act of 1998, the Information Technology Act of 2000 also has not laid any clear outlines on online gambling or lotteries, which makes them fall under the legal grey area. However, it is also the duty of all gamblers to participate in the lotteries which are legal and keep themselves away from unwanted scams. Talking about TheLotter website, it operates legally under the Malta Gaming Authority, following strict audits to maintain the integrity and safety of the users. 

State-Specific Considerations

Using TheLotter app in India is legal for the players, as it falls under the grey area, with no specific regulations given by the government for the same. But it is also necessary to be aware of the state-specific laws related to online gambling, as a few Indian states have imposed strict bans on all forms of online and physical gambling. For example, states like Goa and Sikkim allow both physical and online gambling both but states like Andhra Pradesh and Telangana have also imposed bans on online lotteries and gambling. 

Tax Implications

With TheLotter app being legally available for players in India, it is also necessary for them to know about the tax implications. With the Income Tax Act of 1961, the government has imposed a 30% tax on the winnings secured from the lotteries, and this excludes the surcharge and cess. Along with that, if the country where the lottery is being operated also imposes a tax, it will fall under the category of double taxation. It should also be noted that the winnings secured from the lottery will be credited fully to the users, and no part of the same will be kept by the application in the form of charges. 

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