Games of chance and games of skill are like two sides of a coin, each possessing its own unique characteristics and merits. The true test of a game lies in the balance between chance and skill, and the ability to distinguish one from the other is the hallmark of a wise player.
Challenging the Amendment: Head Digital Works Pvt Ltd v State of Andhra Pradesh
The Andhra Pradesh High Court recently called on the state government to form a committee to examine the nature of online rummy. The bench comprising Justices C Praveen Kumar and K Manmadha Rao, was hearing a case challenging an amendment to the Andhra Pradesh Gaming Act of 1974, which now deems playing a game of skill with stakes as a penal offense.
The court acknowledged that while physical rummy was considered a game of skill, there was insufficient evidence to determine the nature of online rummy. The committee, consisting of judicial and non-judicial members, platform operators, and a police officer, was asked to submit a report within four weeks.
The petitioners claimed the amendment was unconstitutional, while the state argued it was to regulate virtual games involving the menace of betting or gambling.
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High Court Dictum: Regulating Games of Chance & Skill
The court observed that games of skill and ‘games of chance’ have distinct characteristics, and the legislature would fail if it sought to criminalize prize competitions involving ‘games of skill’. The court stated that protection under the Constitution was given only to games where the ‘element of skill’ was the predominant ‘element over chance’.
The court also clarified that prohibition could be imposed for maintaining public order if it was not a game of skill. Ultimately, the High Court acknowledged the fact that there was not enough material available to determine whether online rummy was a ‘game of skill or a game of chance’. Consequently, the matter was rescheduled for hearing after the committee’s report was submitted.
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The instant verdict sheds light on the evolving landscape of online gaming and the complexities involved in regulating it. The decision of the High Court to establish a committee to determine the nature of online rummy, and its nuanced approach to the distinction between games of skill and chance, serve as a crucial reminder of the need for a balanced approach between the two. It also highlights the role of the courts in interpreting and upholding the law in the face of new and emerging challenges in our rapidly changing world.
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