Gambling and gaming in India were originally regulated by the Public Gambling Act, 1867, which remains the central law governing gambling in India. However, the power to legislate on the subject lies exclusively with the State Legislature, and as a result, many states in India have passed their own gaming laws.
It is important to note that both the Central Gambling Act and various State Gaming Acts provide exemptions for games of skill. These laws state that "nothing in this Act shall apply to games of mere skill wherever played."
What Are Games of Skill?
Games of skill are excluded from the applicability of Indian gaming laws, which primarily prohibit betting and gambling. A game of skill requires a predominant degree of skill, where success depends primarily on a player's knowledge, training, experience, and adroitness.
The Supreme Court of India has consistently recognized games of skill as exempt from the prohibition of gambling. Notably, in several judgments, the Court has affirmed that games such as Rummy and fantasy sports are games of skill.
Distinction Between Gambling and Skill Games
The Supreme Court has defined gambling or gaming as betting or wagering on games of chance. Games of skill, even when played for money, are specifically excluded from this definition. In the case of "State of Bombay v. RMD Chamarbaugwala, AIR 1957 SC 699", the Court emphasized that competitions requiring substantial skill do not constitute gambling.
In a later case, Dr. K.R. Lakshmanan v. State of Tamil Nadu, the Supreme Court clarified that while games of chance are determined by luck or random factors, games of skill require expertise, attention, and experience, which significantly influence the outcome.
Can Games of Skill Be Undertaken as Business Activities?
Since games of skill are not considered gambling, they can be pursued as legitimate business activities. The Supreme Court in R.M.D. Chamarbaugwala v. Union of India, AIR 1957 SC 628, confirmed that competitions based on substantial skill are protected under Article 19(1)(g) of the Constitution of India, which guarantees the right to carry on any business or trade.
Is Rummy a Game of Skill Under Indian Laws?
Rummy has been consistently recognized as a game of skill under Indian laws. Despite involving an element of chance, Rummy predominantly relies on skill, as players must use memory, strategy, and decision-making to succeed. The Supreme Court, in cases like "State of Andhra Pradesh v. K. Satyanarayana, AIR 1968 SC 825," affirmed that Rummy is primarily a game of skill.
Is Fantasy Sports a Game of Skill Under Indian Laws?
Fantasy sports, too, have been deemed to be games of skill under Indian law. The Punjab & Haryana High Court, in the case of "Varun Gumber v. Union Territory of Chandigarh and others (2017)", held that fantasy sports require expertise, judgment, and knowledge of the sport. This judgment was upheld by the Supreme Court, which dismissed the appeal without hearing the merits of the case.
Is It Legal to Play Games of Skill (Including Rummy and Fantasy Sports) for Cash on website?
Based on the Supreme Court rulings and the relevant gaming laws in India, it is legal to play games of skill on LedgisterRummy for cash. Here's why:
Games of skill, including Rummy and fantasy sports, are exempt from gambling laws and can be legally played for cash.
The Supreme Court has consistently held that games of skill, such as Rummy, are not subject to gambling laws, as success in these games depends more on skill than on chance.
Fantasy sports are also classified as games of skill, requiring expertise and knowledge of the sport to make informed decisions.
Thus, playing skill-based games on LedgisterRummy is legal, provided the games are conducted within the framework of skill-based competition, as per the relevant legal precedents.
Important Note:
LedgisterRummy does not allow players from Assam, Nagaland, Sikkim, Telangana, and Andhra Pradesh to participate on its platform. This is due to local state laws, such as the "Assam Game and Betting Act, 1970," the "Nagaland Online Gaming Act, 2016," and the "Sikkim Online Gaming (Regulation) Act, 2008," which regulate gaming activities and require specific licensing for skill-based games. Please ensure compliance with local laws before playing.
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This revised version is now tailored for the context of LedgisterRummy, while keeping the core legal explanations intact.
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