In this article we are going to discuss some frequently asked questions like, Is online gambling legal in India, Is color prediction game legal in India ? Let’s discuss about the same,
Playing games of skill for money is only legal in the real form, online games cannot be compared to real games; Rahul Dhote is the Founding Partner of the law firm ‘Literati Juris’. The Firm specializes in Intellectual Property; Technology, Media and Entertainment and Telecommunications (TMT); and allied practices and further provide full service solutions in Alternate Dispute Resolution; Civil and Commercial Litigation; Criminal Litigation; and Corporate and Start Up Legal Solutions. We provide our Pan India services through our offices presently at Mumbai (Head Office) and Vadodara. #LexTalkStartups on Establishing a start-up in Canada with Adv. Shashwat Jindal Mr. K.N Suresh, Secretary of Indian Poker Association has filed an appeal against the said order, being Letters Patent Appeal No. 2625 of 2017 before the Division Bench of Gujarat High Court. The bench after hearing the matter briefly on December 28, 2017 issued notice to the state government and other respondents, and till date the matter is not heard finally. Having said that, since no ad-interim/interim reliefs are granted presently, the Single Judge order stands valid and enforceable. By taking the above ratio into account, SC in the matter of State of AP v. K.Satyanarayana(1968) held the game of Rummy to be a ‘game of skill’. However, the Court in its judgment has indicated that if there is gambling or if the gambling house is making profit from the game of rummy, then it could amount to an offense under the laws of AP. It was further observed by SC that the three card game which goes under different names such as flush, brag, etc. is a game of pure chance. This was relied upon by SC in its other judgments viz. M.J.Sivani v. State of Karnataka (1995) and Dr. K.R. Lakshmanan vs State Of Tamil Nadu And Anr (1996).
Attracting business or enticing players by alluring them with prize money is illegal; Adverse Possession of Immovable Property Though the issue of Poker was considered by Gujarat High Court in view of the provisions of Gujarat Prevention of Gambling Act, 1887, in arriving at the decision of Poker being a ‘game of chance’, the court made several observations like how the game is played, origin of the game, reference to ancient Indian literature, moral and religious grounds, etc. which may be applied by other states/state machinery having similar gambling laws. The issue is likely to be clarified by the Division Bench of Gujarat High Court, once the appeal is finally heard.
After going through the State for online gaming laws in India, it is found that, except the State of Orissa and Assam, most of the States have excluded ‘games of skill’ from applicability of its respective gaming/gambling laws. Further, playing certain games including ‘Poker’, both online and offline, is permitted under the laws of West Bengal, Nagaland and Sikkim subject to licence from the appropriate State Authorities. But this would be applicable only in the territorial limits of the respective State. In Goa, online gambling in India legal and permitted only in Government permitted places operated as casinos. In view of the above, it is clear that if a game is considered to be a ‘game of chance’ under the state laws and rulings by the Courts and is played with stakes, would constitute gambling under the respective state laws with exception pertaining to a few states as mentioned above. If an entity is able to show that a particular online game or a particular on-ground gaming activity has preponderance of skill over chance and/or is played as a sport without stakes, it may fall within the exception of gaming/gambling under the state gambling laws. It is pertinent to note however that if online gaming is illegal in any State, the promotion of the same in such State would amount to violation of ASCI Code as well as Cable TV Network Regulation Act, 1994. Online Gambling laws in India prohibit betting or wagering and any act which is intended to aid or facilitate the same. Gaming/Gambling being a State subject, gambling /gaming laws in India which differ from state to state . This would mean what is permitted in one State may be an offence in another. The Public Gambling Act, 1867, is the central enactment on the subject, which has been adopted by certain states of India like Uttar Pradesh, Punjab, Madhya Pradesh etc. The other States have enacted their own online gambling laws to regulate gaming / gambling in India activities within its territory. It is to be noted that State Legislations have been enacted prior to the advent of virtual / online gambling in India and therefore references of gaming/gambling in India, in respective state legislatures are in relation to physical premises only, barring Sikkim and Nagaland which are the only States who have introduced regulations pertaining the online gaming. LEGAL RIGHTS FOR FALSE AND FORGED FIRs AND COMPLAINT
Sec 498a – A weapon or a shield #MentorHours by Adv. Ujwal Phasate There has been a substantial discussion by the Supreme Court and High Court on what constitutes a ‘game of skill’ and a ‘game of chance’. What is deduced from the judgments is that a game where there is preponderance of skill over chance is a ‘game of skill’ and vice-versa. The issue of online gambling regulations in India still remains a grey area which is yet to be adjudicated by Courts of India that, Is online gaming legal in India. Having said that, necessary inferences can be drawn from orders passed by the Court while deciding the issue of whether a particular game is a ‘game of skill’ or a ‘game of chance’. But the issue of whether a ‘game of chance’, if played like a sport without stakes amounts to gambling or not? still remains largely undecided.