Licensed and Legal Games
Gaming - Concept and Meaning: Indian Perspective
Curiously, the act of gaming or gambling is not defined under the Public Gambling Act, 1867. This is in accordance with the fact that gambling and betting are exclusively State subjects within the meaning of Article 246 and are described under Entry No.34 of List II of the Seventh Schedule. Therefore for the definition of gaming or gambling as applicable to each State, one must peruse the applicable State Legislation on gaming or gambling.
The Supreme Court of India in one of its landmark verdicts in 1996 stated that
“A competition which substantially depends on skill is not gaming. 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 two Acts would, therefore, mean wagering or betting on games of chance. .”
Game of Skill – Meaning and differentiation from gambling
Section 12 of the Public Gambling Act exempts games of skill from the penal provisions against gambling. Playing a game of skill would be permissible as there is no other statute that criminalizes or punishes playing of such games of skill. This section is generally reproduced in most State Legislations on the subject, barring a few exceptions like Telangana,Assam and Odisha.
If any player belonging to the state of Telegana is still found playing on our website or registers by giving false information, the liability will be solely on the user and the company reserves the right to terminate the user's membership without any further notice and confiscate all his deposits and winnings as the case might be. Kovida Spacetech Or PokerTempo will not be liable to take any responsibility for players' breach of applicable state laws
The Supreme Court of India a in one of its verdicts in 1996 concluded that games involving a ‘substantial or preponderant’ degree of skill would amount to games of ‘mere skill’.
The West Bengal Gambling and Prize Competition Act 1957 expressly excludes bridge, poker, rummy, and nap from the definition of gambling or gambling.
Placing reliance on exemption of the game of poker from the definition of gambling in West Bengal and decisions of the Supreme Court of India, one may conclude that playing poker and other similar card games for the legitimate forms of consideration would be permitted due to the overt element of skill involved in these games.