How is gambling different from Indian Skill Games?
In 1996, the Supreme Court defined gambling as wagering and betting on games of chance. In this ruling, the Supreme Court specifically excluded games of skill, regardless of whether they were played for money, from gambling. Here is the exact quote is taken from the 1996 judgment:
"The two Acts' definition of gambling must be understood in light of the law in the two1957 cases. This Court has ruled that a competition largely dependent on skill is not gambling. Gaming refers to the practice or act of gambling on a game that is purely chance.
Gaming is betting on chance when the chance is the controlling factor. In the Acts, gambling would be defined as betting or wagering on games of chance. It does not include games of skill, such as horse racing.
The Public Gambling Act (the central law on gambling) and all subsequent state laws on this subject state that "nothing contained in this Act shall apply games of skill wherever they are played." This was also stated in the 1996 Supreme Court judgment relating to Tamil Nadu laws.
"In any event...Section 11 (Gaming Act) specifically exempts games of mere skill"
What is a game of skill in Indian law?
In 1996, the Supreme Court of India defined a game of skill as follows:
Competitions in which success is dependent on substantial skill are not considered "gambling." However, there is an element of chance when a game is preponderantly one of skill.
Accordingly, "mere skills" could be defined as a significant degree or preponderance.
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Is Rummy a game that requires skill?
1968 Supreme Court ruling declared that Rummy was a skill game:
"Rummy, on the other hand, requires some skill as the cards fall must be remembered, and building Rummy requires skill in holding and removing cards. The game of Rummy cannot be described as a game of chance. It is preponderantly a game based on skill. Rummy has the same chance as a bridge but is not the same.
The Supreme Court 1996 further stated.
"A skilful game, however, although there is always the possibility of luck, it depends on the player's superior knowledge, training, attention, and experience. Rummy, chess, and golf are all games of skill.
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According to the Courts, very few games are purely based on chance or skill. A game of chance is one where the element of chance prevails over the skill element. A game of skill is one where the skill element is dominant over the element of chance.
The dominant element, "skill" or chance, determines the game's character.
Are games of skill protected legally?
Yes, the Supreme Court ruled in 1957 that prize competitions requiring substantial skill were business activities covered under Article 19(1)(g).
Is it legal for you to play Rummy online for cash?
These are the implications of the various Supreme Court rulings and the Gaming Acts of India.
Gambling or gaming is betting on games of chance and placing wagers. Gambling is not the practice of playing games of skill for money. Gambling acts do not penalize games of skill. Rummy is a skill game.
Yes, you can play Rummy online for cash at RummyCircle.com, provided that you're not from Assam, Odisha Telangana, and Andhra Pradesh. We may also offer our services to residents of these States once we have more information about the laws.
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