Not only this, all these industries are completely legal and the Government of India is certified as second. Gaming laws in India prohibit wagering and any act intended to aid or facilitate. Gaming is a state subject, different gaming laws have been enacted in different states of India. This implies that the permission granted to a gaming company in one state may be a crime in another. If we talk about Public Games Act, 1867, then there is a central enactment on this subject, which has been certified by some states of India like Uttar Pradesh, Punjab, Madhya Pradesh etc. And on the other hand, playing some games, including ‘poker’ and ruleta online and offline, is permitted under the laws of West Bengal, Nagaland and Sikkim, which are subject to license from the appropriate state authorities.
Game of skill VS game of opportunities
There has been enough discussion by the Supreme Court and the High Court as to what is ‘game of skill’ and ‘game of chance’. What is associated with decisions that a game where there is more opportunity than skill is a game of skill ‘and vice versa? K. Satyanarayana has described Rummy’s game as a ‘game of skill’. However, the Court has indicated in its ruling that if it is a game or a gaming site is profiting from a game of rummy, it could be an offense under the laws of AP.
In Goa, the permission to play games is modified only in places with government permission. It was further observed by the SC that a three-card game which falls under different names such as flush, brag, etc. is a pure chance game. Online gaming business in India has been happening for a long time. Most of the gaming industry has dominated the gaming world in India. The court held the following related to gaming games:
- The skill of the game, if played with a bet, is not possible for the game amount.
- Playing games of skill for money is only legal in reality, online games cannot be compared to actual games;
- Gaming sites that share a slice on the winning hand are illegal because they amount to a virtual gaming site.