Legality

Whether the App play Tiger Games https://tigergames.in/ falls under the category of gambling or is it a skill?

 

Legal opinion

In two landmark Supreme Court cases, State of Bombay v RMD Chamarbaugwala (AIR 1957 SC 699), and RMD Chamarbaugwala  v Union Of India (1957 SC 628), it was held that competitions that involved substantial skill were not gambling activities. Such competitions were business activities, the protection of which was guaranteed under article (19) (1)(g) of the constitution.

 

What is a game of skill?

A game of skill requires a player's skill and mental or physical strength to win. It does not depend on sheer luck. The players use several strategies to emerge victorious. Usually, the player with better skill or experience wins the game.

It also requires constant practice to improve in these games.

 

What is a game of chance?

Here, the win depends on the luck of the player. In online gaming, a random number generator produces a sequence of random numbers that finally choose the winning number. Each player largely has the same chance of winning despite their experience or skill.

 

These are easier to play than the games of skill as they do not require any technical knowledge. Lottery and roulette are some examples of such games.

 

What is the controversy?

People have varied opinions on whether fantasy games should be categorised based on skill or luck. However, the Supreme Court has made it clear that it involves a certain skill level in playing these games.

 

Gambling and Betting- a Game of Chance or Skill?

The main test to determine whether a game amounts to gambling or not is, what dominates/preponderates, whether skill or chance. Games of chance are those where the winner is predominantly determined by luck; the result of the game is entirely uncertain and a person is unable to influence such result by his mental or physical skill.

 

The distinction between a game of skill and a game of chance can be done by evaluating certain elements of the game in question. Primarily, games in India have been classified as games of skill, where skill plays a dominant role in determining the result of the game. The result depends on the knowledge, training, experience, and ability of the player.

 

Typically, a game of skill is one in which success is dependent on the knowledge, attention, training, experience and adroitness of the player and with certain amount of luck, as held by the Supreme Court in the Dr KR Lakshmanan case and the  Satyanarayana case, where, in a case brought forward by the Madras Race Club, horse racing and wagering on it was held to be a game of skill.

 

In India, games of chance fall under the category of gambling, and are generally prohibited, while games of skill, falling outside the ambit of gambling are usually exempted.

 

Relying again on the 'skill test', the Supreme Court in State of Andhra Pradesh v. K. Satyanarayana & Ors.40, held that, rummy is preponderantly a game of skill and not of chance. The Court further observed that, "it 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". The expression 'mere skill' means presence of skill of a substantial degree.

 

Tiger Games does a verification of Age, location and other eligibility criteria of players, and all precautions are taken to ensure zero fraud. Users can add money to the wallet by using debit & credit cards, UPI & more methods and cash is not allowed.

 

The game does not fall under any category of gambling as per any state acts of the Republic if India and checks are undertaken to ensure fraudulent activities are not committed. The prize money is distributed among the players basis their skill displayed and there is no case where money generated is used for illegal purposes, charity, money laundering etc.

 

 

Modus Operandi

 

Individual above 18 yrs only can participate

 

Company also hereby confirms through its lawyers that it’s not under the category of Gambling as per any act of the states and the money so generated is not used for Illegal purpose, charity, Money laundering etc. None of the Courts orders have been violated in such cases /states where there is no such restriction

 

Age / State / other eligibility criteria of the Players are verified.

 

So, Tiger Games in my opinion constitutes a collection of games of skill and are in no way related to gambling or games of chance.