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Legality

The Central legislation governing gaming in India is the Public Gambling Act,
1867.

Is Grand Tournaments Legal in India? Section 12 of the Public Gambling Act,

1867 provides that games of mere skill are exempt from the application of the
Act.

The Supreme Court of India and various High Courts in India have opined that a
game of mere skill is a game "in which, although the element of chance
necessarily cannot be entirely eliminated, success depends principally upon the
superior knowledge, training, attention, experience and adroitness of the player.
A game of skill is one in which the element of skill predominates over the element
of chance." No penalty can be imposed upon a person for playing such games of
skill.

It may be noted that States are permitted, by the Indian Constitution, to enact
laws regulating betting and gambling in their respective jurisdictions.

In furtherance of these powers, various States have enacted anti-gambling


legislation's.

Such legislation's are largely in concert with the Public Gambling Act of 1867
(and include the exception of "games of skill"). Where a State legislation on
gambling exists, it prevails over the Public Gambling Act of 1867. In this regard,
the Assam Game and Betting Act, 1970 and Orissa (Prevention of) Gambling
Act, 1955 and Telangana State Gaming (Amendment) Ordinance and High Court
Judgment in Gujarat, 2017 prohibits games with money stakes and also does not
create an exception for games of skill. Therefore, currently, residents of Assam,
Odisha, Telangana and Gujarat are not permitted to play on our site.
Please note that this discussion does not amount to a legal opinion and cannot
be relied upon for legal purposes.

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