According to a 1996 Supreme Court ruling, gambling is defined as betting and wagering on games of chance only. Games of skill, whether played for money or not, are excluded from this definition. The judgment defines gambling as:
"The expression 'gaming' in the two Acts has to be interpreted in the light of the law laid-down by this Court in the two 1957 cases, wherein it has been authoritatively held that a competition which substantially depends on skill is not gambling. Gaming is the act or practice of gambling on a game of chance. It is staking on chance where chance is the controlling factor. 'Gaming' in the two Acts would, therefore, mean wagering or betting on games of chance. It would not include games of skill like horse racing."
The Public Gambling Act and most state laws also affirm that "nothing in this Act shall apply to games of mere skill wherever played". This was specifically reiterated in the 1996 judgment regarding Tamil Nadu laws.
"In any case...Section 11 of the Gaming Act specifically saves the games of mere skill from the penal provisions of the two Acts."
The Supreme Court in 1996 further clarified that games where success depends on a substantial degree of skill are not gambling. Even if there is an element of chance, a game is still classified as a "game of skill" if skill predominates.
"The competitions where success depends on substantial degree of skill are not 'gambling'... Despite there being an element of chance, if a game is preponderantly a game of skill it would nevertheless be a game of 'mere skill'."
Yes, Rummy is legally recognized as a game of skill in India. A 1968 Supreme Court ruling specifically stated:
"Rummy, on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge."
In 1996, the Supreme Court reaffirmed that Rummy is a game of skill:
"A game of skill, on the other hand - although the element of chance necessarily cannot be entirely eliminated --is one in which success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player. Golf, chess and even Rummy are considered to be games of skill."
Yes, the Supreme Court in 1957 held that prize competitions involving substantial skill are business activities protected under Article 19(1)(g) of the Indian Constitution, which guarantees the right to practice any profession or carry on any trade, business, or occupation.
Based on various Supreme Court rulings and Indian gaming laws, the following applies:
Therefore, it is legal to play Rummy for cash on Mystryboxx, except if you are playing from the states of Assam, Odisha, Telangana, Andhra Pradesh, Nagaland, and Sikkim. As legal clarity improves, we may extend our services to these states in the future.
Issued by Mystryboxx Team at AtmoonVentures Pvt Ltd.
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