Legality of Poker Club
I am 29 years old. Me and my uncle want to start a Poker Club in Park Street, Kolkata. Can we do so? I have read on some blogs that it is legal.
The Public Gaming Act,1867 is the main legal framework that regulates Gambling in India, one of its salient features made it illegal for establishment which conducted gambling to operate, however In a Public Interest Litigation filed by various gaming organizations that includes Mahalaxmi Cultural Association, Madras City Club (India) Pvt Ltd, Madras Darkhorse Farm & Land Development Pvt Ltd, and Madras Sakthi Recreation Centre , The apex court of India is expected to issue a verdict for the same.”It has been authoritatively established that such competition that is a competition of pure skill shall be rendered as not gambling.here, the act of practice of gambling is based on a probability rather than a possibility, thus the basis of chance is a determining factor where it is also the controlling factor. So, gambling in other words would be wagering or betting on games of pure skill and chance.
Poker per se is not legally permitted; however since it is considered as a game of skill as compared to other forms of betting/gambling; it is not strictly prohibited. Section 2(1)(b) of the West Bengal Gambling and Prize Competitions Act, 1957 has removed the 'skill based' games from its list. Hence you may go ahead after taking prior permissions from the concerned authorities.
- Sammanika Rawat
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