While the luck factor cannot be denied, poker is a game of skill where success depends on psychological skills, knowledge of statistics and strategizing skill. Besides, training, experience, attention and focus play a key role in the success of a poker player. That is perhaps the reason why the Supreme Court of India and various high courts in the country have declared it as a skill game, exempting it from a game of chance. Even the International of Mind Sports Association (IMSA) recognized it and declared it as a mind sport last year, putting it alongside chess.
Even though the Public Gambling Act, 1867 prohibits all games of chance, the Section 12 of this act exempts skills games from its purview. Poker being a skill game, the Supreme Court and various High Courts have given their verdicts in favour of poker. Here is a quick breakdown of the most notable court rulings that shaped poker’s legality in India.
Landmark Supreme Court Rulings
1968 – Supreme Court: State of Andhra Pradesh vs. K. Satyanarayana
Verdict: In a landmark judgement, the Supreme Court ruled that rummy and poker are games of skill, exempting them from gambling. While this case was not directly related to poker, it served as a precedent for games requiring skill, thus paving the way for poker’s legal recognition.
1996 – Supreme Court: Three-Judge Bench Ruling
Verdict: In the year 1996, the Supreme Court reaffirmed its 1967 judgment, ruling that games where skill predominates over chance, they fall under the ‘games of skill’. This decision reinforced the argument that poker, being a skill game, should not be considered as ‘gambling’.
Notable High Court Rulings
2013 – Karnataka High Court: Indian Poker Association vs. State of Karnataka
Verdict: The Karnataka High Court gave its verdict in favor of the Indian Poker Association, ruling that poker is a game of skill. The court also stated that the police had no authority to interfere in poker games conducted in clubs, clarifying that no specific license or permission was required in Karnataka to run a poker game as it is played as a skill game.
The Karnataka High Court Ruling -February 2022
The Karnataka High Court struck down key provisions of the Karnataka Police (Amendment) Act, 2021, seeking to ban both online gambling and skill-based gaming by removing distinction between skill games and games of chance. However, the Karnataka High Court turned down key provisions of the amendment bill, terming it unconstitutional and leaving no specific legislation governing the legality of skill-based gaming.’
2013 – Calcutta High Court: Kizhakke Naduvath Suresh v. State of West Bengal
Verdict: The Calcutta High Court noted that poker is not gambling under the West Bengal Gambling and Prize Competitions Act, 1957, allowing the game to be played legally in the state. In the 2013 case, Kizhakke Naduvath Suresh v. State of West Bengal, the court gave a similar ruling that poker is a game of skill, not chance, leaving no room for state authorities to interfere in poker games conducted in the state.
2019 – Calcutta High Court: Indian Poker Association & Anr. vs. State of West Bengal
Verdict: The Calcutta High Court passed a landmark judgment ruling that the police cannot interfere in the Indian Poker Association’s operations, as they legally rented a hotel room for its members to play poker.
2021- Madras High Court: Junglee Games India Pvt. Ltd. vs. State of Tamil Nadu
Verdict: In 2021, the Madras High Court passed a landmark judgment, striking down the February 2021 amendment to the Tamil Nadu Gaming Act seeking to ban all forms of online gaming. The court struck down Tamil Nadu government’s blanket ban on online poker and rummy, ruling that these are skill games and are therefore legal to be played.
2022 – Karnataka High Court: All India Gaming Federation vs. State of Karnataka
Verdict: On February 14 in 2022, the Karnataka High Court held certain provisions of the Karnataka Police (Amendment) Act 2021 (the “Amendment Act”) to be un-constitutional. The court ruled against the ban on online skill-based games, including poker and rummy and stated that such a ban was unconstitutional and in violation of business rights.
2023 – Madras High Court: All India Gaming Federation vs. State of Tamil Nadu
Verdict: The court passed judgment that online poker and rummy are skill-based games and therefore cannot be banned under the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022. This put an end to long-tussle between the Tamil Nadu government and online gaming operators regarding prohibition of all forms of online games, including poker and rummy in the state.
2024 – Allahabad High Court: DM Gaming Pvt. Ltd. vs. State of Uttar Pradesh
Verdict: The Allahabad HC directed the DCP of Agra to reexamine whether poker and rummy are games of skill before denying permission to DM Gaming Pvt. Ltd for a gaming unit in Agra. The court held that denial based solely on an officer’s perception is not a valid ground. This landmark ruling further paved the way for the legality of poker in U.P.
The above rulings by the Supreme Courts and various supreme courts in the country are testament to growing recognition of poker as a skill game involving significant skill, strategy, and mental sharpness. The validation by the courts is not only paving the way for poker’s legality but also its legitimacy as a sport in the country. While these served as guiding lights, there are still several regulatory hurdles and challenges to be overcome to ensure the game’s pan-India acceptance and legality.
Keep following PokerProNews for more such updates on poker’s legality.
