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 Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867. We refer to the following judgments of the Hon’ble Supreme Court of India:

 

1.     In the matter of State of Andhra Pradesh v. K. Satyanarayana [1968] 2 SCR 387 the following has been held:

 

The game of Rummy is not a game entirely of chance like the 'three-card' game mentioned in the Madras case to which we were referred. The 'three card' game which goes under different names such a 'flush', 'brag' etc. is a game of pure chance. Rummy, on the other hand, requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. In fact in all games in which cards are shuffled and dealt out, there is an element of chance, because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone it cannot be said that Rummy is a game of chance and there is no skill involved in it. Of course, if there is evidence of gambling in some other way or that the owner of the house or the club is making a profit or gain from the game of Rummy or any other game played for stakes, the offence may be brought home.

 

It clearly states that if the game requires certain amount of skill, then it shall be a game of skill. It is irrelevant that cards are involved, since in all games in which cards are shuffled and dealt out, there is an element of chance, because the distribution of the cards is not according to any set pattern but is dependent upon how the cards find their place in the shuffled pack. From this alone it cannot be said that it is a game of chance and there is no skill involved in it.

 

2.     In K. R. Lakshmanan v. State of Tamil Nadu (1996) 2 SCC 226 the following has been held:

 

A game of skill, on the other hand - although the element of chance necessarily cannot be entirely eliminated - 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. The courts have reasoned that there are few games, if any, which consist purely of chance or skill, and as such a game of chance is one in which the element of chance predominates over the element of skill, and a game of skill is one in which the element of skill predominates over the element of chance. It is the dominant element - "skill" or "chance" - which determines the character of the game.

 

The Hon’ble Supreme Court of India has laid down the essential elements of a game of skill in the aforestated Judgment defining game of skill to include a game which involves skill, experience and adroitness of the player, and where the element of skill predominates the element of chance

 

Since both the Games are peer-to-peer games, where the players have to use considerable skill to win the rounds, either by calculating the answer to the math problem or picking the correct card to discard so as to create the biggest hand, they shall be construed as ‘game of skill’.

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