Solution: A game of skill is one in which the element of skill predominates over the element of chance.
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Online Gambling in India:
- The Public Gambling Act, 1867, the primary legislation that governs gambling and betting in India was promulgated in 1870.
- The Public Gambling Act seeks to punish public gambling and the keeping of common gaming houses.
- The definition of a common gaming house is defined as a walled enclosure where cards, dice and other instruments of gaming are kept for profit or gain.
- The Public Gambling Act has not been amended to classify the internet, the telephone or a mobile phone as a common gaming house.
- The Public Gambling Act applies to all states in India, although individual states have separate laws which also govern gambling in addition to the state-specific amendments that such states have made to the Public Gambling Act.
- The Supreme Court and the Delhi High Court are considering whether online rummy and poker fall within the purview of the Gambling Act, a final determination of this issue has not been reached.
Games of Skill and games of chance:
- The focus has been on a distinction between games of skill and games of chance.
- The games of skill are not subject to the purview of the Public Gambling Act.
- The Supreme Court in 1996 reasoned that few games are purely of chance or skill, and a game of chance is one in which the element of chance predominates over the element of skill.
- A game of skill is one in which the element of skill predominates over the element of chance.
- The Supreme Court held that betting on horse-racing was a game of skill.
- This distinction between skill and chance is even more difficult to apply to online gambling.