Legality Of Card Games In India
- IJLLR Journal
- Feb 4
- 1 min read
Prateek Pandey, B.A.LL.B.
ABSTRACT
As the gaming space in India continues to grow, attracting huge investments from both within and outside the country leading to increase in the number of players mostly involved in online gaming consisting of real money transactions such as Solitaire, Teen-Patti, Rummy, and Poker, the debate of Skill vs Chance game is still very much prevalent in Indian gaming sphere.
The Constitution of India has entrusted the states with power to regulate and frame laws relating to betting and gambling. While many states today have adopted the Public Gambling Act of 1867 whereby games of chance which involve betting and gambling in any form are generally prohibited whereas games of skill (as per Section 12 of the Act) are exempted from prohibition, many on the other hand have introduced Legislations regulating the laws related to betting and gambling.
The Hon’ble Supreme Court of India in this regard through several landmark judgments has laid down certain guidelines as to what constitutes as game of skill and would not fall into the category of gambling/betting. One such landmark judgment where the Hon’ble Supreme Court observed the difference between “skill” and “chance” is State of Bombay vs R.M.D.Chamarbaugwala1 where the Hon’ble Court laid down that:
Games where the success of player depends on the skill of that person will not fall into the wide category of ‘Gambling’ and,
Games which are predominantly of skill, despite having an element of chance will be considered as games of skill.
