Legality

What is gambling and how is it different from skill games under Indian law?

Gambling, or gaming, has been defined by the Supreme Court of India in a landmark 1996 judgment as betting or wagering on games of chance only. Importantly, the Court clarified that games of skill, regardless of whether they are played for money or not, are not considered gambling under Indian law.

The Court stated:

“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'... would, therefore, mean wagering or betting on games of chance. It would not include games of skill like horse racing.”

Furthermore, the Public Gambling Act, which forms the basis for most state-level gambling laws, explicitly states that:

“Nothing in this Act shall apply to games of mere skill wherever played.”

This exclusion was also reaffirmed in the 1996 Supreme Court judgment while interpreting laws in Tamil Nadu:

“Section 11 of the Gaming Act specifically saves the games of mere skill from the penal provisions of the two Acts.”

What is a game of skill under Indian law?

As per the 1996 Supreme Court judgment, a game of skill is one where the outcome is predominantly influenced by the player's superior knowledge, training, experience, attention, and skill, rather than by chance.

Even if an element of chance is involved, as long as the preponderant or substantial part of the game is skill-based, it will still qualify as a game of skill under the law.

Is Teen Patti Rummy a game of skill?

Teen Patti Rummy, much like traditional Rummy, involves memorizing card sequences, making calculated decisions about discards and holds, and reading the game as it unfolds—all of which require mental skill and strategy.

The Supreme Court in its 1968 ruling on Rummy stated:

“Rummy... requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill... It is mainly and preponderantly a game of skill.”

This principle was upheld in the 1996 ruling as well:

“A game of skill... 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.”

Do games of skill have constitutional protection?

Yes. The Supreme Court, in a 1957 judgment, held that competitions involving substantial skill are considered legitimate business activities and are protected under Article 19(1)(g) of the Constitution of India, which guarantees the right to practice any profession or to carry on any occupation, trade or business.

Is it legal to play Teen Patti Rummy for cash online?

Based on multiple Supreme Court judgments and the provisions of the Public Gambling Act:

  • Gambling refers to betting on games of chance, not skill.
  • Games of skill played for cash are not considered gambling under Indian law.
  • Rummy (and by extension, Teen Patti Rummy when it involves substantial skill) is a recognized game of skill.
  • Most state gaming laws exempt skill-based games from their purview.

Therefore, playing Teen Patti Rummy for cash online is legal in most Indian states.

However, due to specific state laws, residents of Assam, Telangana, Andhra Pradesh, Nagaland, and Sikkim are currently not permitted to play Teen Patti Rummy for cash. The legal status in these states is under review, and services may be extended in the future as regulatory clarity improves.

 

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