ad 2 horizontal

ONLINE GAMES- “Gambling or Not” in India


ONLINE GAMES- “Gambling or Not” in India



The Skill and Chance are like two different poles of earth not meeting each other ever. As skill is mastered by hard-work while chance is just a matter of luck.

As we know games of chance are banned in most of the states in India while games of skill are kosher.

The distinction between games of skill and games of chance has been brought about by Supreme Court of India after enactment of law recognizing online games of skill and licenses by Nagaland. The Nagaland Act allows a host of online games, including chess, Sudoku, poker, rummy, virtual sports like cricket, football and fantasy sports league games, to be licenced and played that are based on skill of a person. It clearly states that if you are owner of a online game that is game of skill only(catch no such luck in case of game of chance) you can take license and earn revenue.

Let’s elaborate:

Game of Skill:

As defined by ‘The Nagaland Prohibition of Gaming and Promotion and Regulation of Online Games of Skill Act, 2016. (“Nagaland Act”), Game of Skill means “including all such games where there is a preponderance of skill over chance, including where the skill relates to strategizing the manner of placing wagers or placing bets, or where the skill lies in team selection or selection of virtual stocks based on analyses, or where the skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill and acumen.”


The law in India states a game to be a game of skill, even with the element of chance if it depends upon:

  • Superior knowledge;
  • Training;
  • Analytical Skill
  • Attention;
  • Experience;
  • Adroitness of the Player;
  • Element of Skill predominates over the element of chance

Game of Chance: Are u that Lucky to hit Bulls Eye?????

The chance states like a game of rummy where its not the skill but its about your luck whether it is with you or not.

Whether its Safe: ‘Better safe than Never’

It provides that once a license is granted under the Act earning revenue from the games will not amount to gambling anywhere in India where online gaming is permitted. Hence it provides a bullet proof jacket to company/game developer which can claim a legitimate license in case of any dispute.

Goa a dream destination of every bachelor legalises gambling in land and off-shore both but only for five-star establishments having government permit/license.

Recently, Punjab and Haryana High Court in Varun Gumber Vs UT of Chandigarh & Ors case Judgement ruling has provided respite to fantasy sports operators and ruled that fantasy sports betting is a predominantly skill based game.

Conclusion: Happy Ending……….

Online Gaming continues to be a grey area. There are interesting variations in the world of online gaming and gambling in India. Just take an example, wagering on horse racing is legal because it is a game of skill but wagering on the game of cricket is not and lottery, which is pure gambling, is regulated but legal whereas online Texas Hold’em Poker, which many argue is a game of skill, may or may not be legal in every state. Regardless we Indians are playing Online games in large numbers.      
   
Online Gaming governed under the regime of the State Legislation, there is no uniformity under the law. Mere involvement of stakes/chance is an inefficient mechanism to tag a game as a gambling activity. In the era of growing acceptance and evolution of gaming, there is a requirement of a Central effective legislation throwing light on the activities which may be specifically classified as gambling separating it from those involving preponderance of skill.                

Creating a regulatory framework and providing much needed legislative clarity with respect to online gaming would not only help curb underground activity but also create new sources of tax revenue.

Online gaming can’t be done away with as being a great revenue generator for some license providing states and also being the modern way of gaming in India.

Enjoy Gaming Online………………………………

For any query regarding online gaming, comment and keep visiting…………

 CLICK LINK- FOR MORE BEST PLAY STATIONS

5 comments:

  1. It was a very nice reading, but
    Whether one can play online International lottery from India violating FEMA Regulations (as online International lottery tickets are sold in Indian Rupees) & whether he can bring the winning amount back to India.
    What are the legal implications

    Kindly reply.

    ReplyDelete
  2. This is such a great resource that you are providing and you give it away for free. I love seeing blog that understand the value. Im glad to have found this post as its such an interesting one! I am always on the lookout for quality posts and articles so i suppose im lucky to have found this! I hope you will be adding more in the future... More Again

    ReplyDelete
  3. Your website is really cool and this is a great inspiring article. agen bandarq

    ReplyDelete
  4. Good artcile, but it would be better if in future you can share more about this subject. Keep posting. betpt

    ReplyDelete
  5. Hello I am so delighted I found your website, I really located you by mistake, while I was looking on google for something else, Anyways I am here now and could just like to say cheers for a tremendous post and a all round entertaining blog. Please do keep up the great work. Ufabet

    ReplyDelete

ad3