To come to an online platform, any ‘game of skill’ or ‘mere skill-based games’ have already passed with green signals after crossing all legal checkpoints. Poker has been identified as a legal skill-based game in India that involves a high level of intellect, mental abilities, knowledge of statistics and probability, and skills by a player. Bets are placed based on calculated odds and predictable outcomes. The winner is determined by probability and preponderance and not just luck.
Section 12 of the Public Gambling Act, 1867 provides that games of mere skill are exempted from the application of the Act. The Supreme Court of India and various High Courts in India have stated that a game of mere skill is a game “in which, although the element of chance necessarily cannot be entirely eliminated, success depends principally upon the superior knowledge, training, attention, experience, and adroitness of the player.
A game of skill is one in which the element of skill predominates over the element of chance.” Even the International Mind Sports Association (IMSA) recognizes poker as a ‘mind sport’. No penalty can be imposed upon a person for playing such games of skill.
AceHigh Pvt. Ltd. complies with all laws and regulations applicable to online games of skill. We will further comply with any change in this present legal position due to any order of a court of competent jurisdiction, regulatory body, central or state government, or law enforcement agency.
We keep an eye on the latest judgments and laws passed by the government of India for the operation of online poker games in India. This is however an ongoing process with litigations pending at various forums. The website has taken every precaution possible to remain legal, the players are advised to check their local laws, if in doubt.
The players from pan India are allowed to play with us except for the states of Arunachal Pradesh, Assam, Orissa, Telangana, Gujarat, Andhra Pradesh, Sikkim, Tamil Nadu, Meghalaya and Nagaland. Due to the peculiar wording of gaming legislation in these states, at present, we do not permit residents of these states to play real money poker as they are restricted by the gaming legislation of the respective states.