DOWNLOADDOWNLOADSection 12 of the Public Gambling Act, 1867 provides that games of mere skill are exempt from the application of the Act. The Supreme Court of India and various High Courts in India have opined that a game of mere skill is a game “in which, although the element of chance necessarily cannot be entirely eliminated, success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player. A game of skill is one in which the element of skill predominates over the element of chance.” No penalty can be imposed upon a person for playing such games of skill.
Poker is a game of skill since it requires the player to possess psychological skills, knowledge of statistics & probability and strategizing skill. Bets are placed based on calculated odds and predictable outcomes. The winner is determined by probability and preponderance and not just luck. Even the International of Mind Sports Association (IMSA) recognises poker as a ‘mind sport’.
It may be noted that States are permitted, by the Indian Constitution, to enact laws regulating betting and gambling in their respective jurisdictions. In furtherance of these powers, various States have enacted anti- gambling legislations. Such legislations are largely in concert with the Public Gambling Act of 1867 (and include the exception of “games of skill”). Where a State legislation on gambling exists, it prevails over the Public Gambling Act of 1867. In this regard, the Assam Game and Betting Act, 1970 and the Sikkim Online Gaming (Regulation) Act 2008 and Telangana State Gaming (Amendment), and the Amendment to the Andhra Pradesh Gaming Act, 1974 and the Ordinance and High Court Judgment in 2017 prohibits games with money stakes and also does not create an exception for games of skill. Therefore, currently, residents of Andhra Pradesh, Assam, Sikkim, Nagaland and Telangana are not permitted to play on our site.
The Law Commission of India, in its 276th Report as well as various courts in India have recognized poker as a skill-based game. Recently the Hon’ble High Court of Madras (Division Bench)in the judgments of Junglee Games India Private Limited v. State of Tamil Nadu,( 2021 SCC OnLine Mad 2762) and All India Gaming Federation vs. State of Tamil Nadu & Ors., (2023 SCC OnLine Mad 6973) held that Poker is a game of skill and not a game of chance, disagreeing with the conclusions of the Dominance Games Pvt. Ltd. vs. State of Gujarat judgment. The Gujarat Prevention of Gambling Act, 1887, does not encompass online formats and same was highlighted in the case of Amit M. Nair vs. State of Gujarat. Further, an appeal is also pending before the Gujarat High Court Dominance Games judgment. Key judgments such as All India Gaming Federation v. State of Karnataka (2022), DM Gaming Private Limited v. State of UP, and Indian Poker Association v. The State of West Bengal have also held poker to be a game of skill. Hence, in our opinion online games are not prohibited in the state of Gujarat.
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