Skill vs Chance
Even though it is associated with one of the crudest form of gambling, Poker is anything but that. Long back in the case of Commonwealth of Kentucky vs. John Wheeler, a lawyer was able to satisfy a 7 member jury about this by having them play against 7 mathematics professors in the open court hall. The result was that the jury members lost every single time, thus proving that card games like Poker etc is not a game of chance, but a game of skill and bringing about the difference between the two previously confused types.
India is a powerhouse of software development. India has a strong online games industry, which includes games developed for computers, tablets, smartphones of all colours and shapes. Some of these are in the nature of gambling or betting games. Many of the Indian online gaming companies operate in the international market. No Indian law prevents them from operating or producing online games which fall in the category of betting or gambling outside of India. The gaming industry catering to international markets from India can be strengthened if minimum safety and integrity standards are set out for manufacturing and supply of gambling software by Indian companies.
In such cases it should be noted that in May of 2011, the Federal Government of India made it illegal for online gambling in India. The source of this law is the new Federal Internet Technology rules which in short say that anything considered offensive, illegal or taboo was to be against the law.
In short for the determination of whether an online game is gambling or not a Test has to be followed. The most reasonable test is to find this out is to find out the amount of “chance” or element of luck present in the game. Any game that depends on the skill of the player to determine the winner cannot be called as gambling and hence cannot be punishable under Indian Laws. Till date there is no case or previous precedent to guide the courts, but legal prudence points towards the fact that as long as there is a clear indication as to what the game is achieving per se or even in its pith and substance is not illegal or violative of the IT Act then the game does not violate any laws.