🌍 GLOBAL COMPARISON · July 2026
Prediction Markets Worldwide:
Why Kalshi Is Legal in the US but Probo Is Not in India
Prediction markets are legal, regulated, and growing in the United States. India chose the opposite route with the Online Gaming Act 2025. Same product category, fundamentally different regulatory outcomes. Here is the full comparison — and what it means for India’s future.
⚡ The Core Difference
In the US, platforms like Kalshi operate under Commodity Futures Trading Commission (CFTC) regulation — prediction markets are treated as a legitimate financial instrument. In India, the same product category was treated as gambling and banned under the Online Gaming Act 2025. Same mechanics, different regulatory philosophy, fundamentally different outcomes for users and operators.
Legal ✅
Prediction markets in the US, regulated by CFTC — platforms like Kalshi and Polymarket operate openly
Banned ❌
Real-money opinion trading in India — banned under the Online Gaming Act 2025 from August 2025
$1B+
Volume on US CFTC-regulated prediction markets in 2024–25 — a category India banned entirely
How Kalshi and US prediction markets work
Kalshi is the largest CFTC-regulated prediction market exchange in the United States. Users trade Yes/No contracts on questions ranging from economic data (will CPI exceed 3%?) to political events (will the Fed raise rates?) to sports. The mechanics are nearly identical to what Probo offered in India — binary contracts, price-discovery between 0 and $1, early exit possible.
✅ What makes Kalshi legal
CFTC Designation as a DCM
Kalshi is designated as a Designated Contract Market by the US Commodity Futures Trading Commission — the same regulator that oversees futures and derivatives markets. This classification makes its contracts legally regulated financial instruments.
Customer Protections
User funds are segregated (held separately from company funds), the platform is audited, and users have formal legal recourse. None of these protections existed for Probo users.
Price Discovery Recognised
The CFTC views prediction market contracts as providing genuine price discovery on real-world outcomes — the same argument Probo made in India, which the government rejected.
❌ What India found objectionable
Classification as Gambling
The Enforcement Directorate classified Probo’s operations as gambling disguised as trading, regardless of the price-discovery mechanism. Indian law does not have a CFTC-equivalent framework for regulated prediction markets.
No Regulatory Framework
India lacks a regulator equivalent to the CFTC for prediction contracts. Without a designated regulatory body to license and supervise these platforms, they operated in a grey zone that the 2025 Act closed entirely.
Addictive Behaviour and Minors
The ED found that Probo’s verification was weak enough that minors could use the app. In the US, Kalshi has strict identity verification. The absence of consumer protection infrastructure strengthened the case for a ban in India.
Full comparison: Kalshi (US) vs Probo (India)
| Factor | Kalshi (US) | Probo (India) |
|---|---|---|
| Regulatory Body | CFTC (Designated Contract Market) | None — regulated as gambling |
| Legal Status (2026) | ✅ Fully Legal | ❌ Banned (Aug 2025) |
| Fund Segregation | ✅ Required by CFTC | ❌ Not mandated |
| User Identity Verification | ✅ Strict KYC | ⚠️ Weak (minors could register) |
| Mechanics | Binary Yes/No contracts | Binary Yes/No contracts |
| Govt Classification | Financial instrument (futures) | Gambling / real-money online game |
Could India ever regulate prediction markets?
Theoretically yes. The US path shows it is possible to treat prediction markets as a regulated financial category rather than gambling. For India to follow a similar route, it would need: a designated regulator (SEBI or a new body) with authority over prediction contracts, a licensing framework for operators, mandatory fund segregation and KYC requirements, and either an amendment to the Online Gaming Act 2025 or a new legislative framework.
None of these are currently being discussed in Parliament as of July 2026. The political direction has been toward restriction, not regulated opening. However, the global growth of prediction markets — and India’s generally sophisticated regulatory approach to fintech through SEBI and RBI — means the question is not permanently closed.
📡 We monitor regulatory developments. If India moves toward a licensed prediction market framework, this page will document it — with dates and sources.
Frequently Asked Questions
📚 Sources
Kalshi — CFTC-regulated prediction market
CFTC — US Commodity Futures Trading Commission
Storyboard18 — Probo shuts operations in India
Disclaimer: Informational only, not legal or financial advice. Verified 15 July 2026.
