Karnataka High Court Rules Poker as a Game of Skill, Quashes FIR Against Gaming Club

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The Karnataka High Court has reaffirmed that poker is a game of skill, leading to the quashing of an FIR against D.M. Gaming Pvt. Ltd., a recreational gaming club in Bengaluru. Justice M. Nagaprasanna delivered the judgment while hearing Criminal Petition No. 6280 of 2024, filed under Section 482 of the Criminal Procedure Code (Cr.P.C.).

As reported by Law Trend, the case stemmed from an FIR registered by the Central Crime Branch (CCB), Bengaluru, based on a complaint by Raju B., who alleged that illegal gambling activities were taking place at D.M. Gaming Pvt. Ltd.’s premises. The police invoked Sections 79, 80, and 103 of the Karnataka Police Act, which pertain to gambling-related offenses.

The petitioners, D.M. Gaming Pvt. Ltd., represented by its director Mukesh Chawla and manager Deepak Jagadish Chawla—argued that poker is a skill-based game rather than a game of chance. They also alleged police harassment and misuse of legal provisions to disrupt legitimate gaming activities.

Key Legal Issues

The court examined whether poker should be classified as gambling or a skill-based game, addressing the fundamental question of its nature. The petitioners argued that, despite previous legal rulings affirming the legitimacy of skill-based gaming, law enforcement continued to interfere with gaming clubs under the pretext of curbing illegal activities. Additionally, the court evaluated the validity of the FIR, determining whether the allegations constituted a cognizable offense under the Karnataka Police Act.

Court’s Observations and Ruling

Justice M. Nagaprasanna, in his ruling, reaffirmed that poker is a game of skill and does not fall under gambling laws. He referenced key legal precedents to support this conclusion. In Indian Poker Association v. State of Karnataka (2013 SCC OnLine Kar 8536), the court determined that poker, when played as a skill-based game, does not require a gambling license and should not be subject to undue interference from authorities. In All India Gaming Federation v. State of Karnataka (2022 SCC OnLine Kar 435), the court applied the Predominance Test to distinguish between games of skill and games of chance, assessing whether skill outweighs chance. Additionally, in DM Gaming Pvt. Ltd. v. State of Uttar Pradesh (2024 SCC OnLine All 5009), the Allahabad High Court upheld poker and rummy as skill-based games and ruled against the arbitrary denial of gaming licenses.

The court emphasized that a game involving a substantial degree of skill does not constitute gambling, even when played with stakes. It further stated that law enforcement cannot interfere with lawful recreational activities under the pretense of enforcing gambling laws and must ensure that no illegal activities occur without acting as agents of harassment. Consequently, the court quashed the FIR (Crime No. 0017/2024) and directed authorities to adhere to all prior court rulings regarding gaming clubs. While allowing police to inspect premises based on credible information, the ruling strictly prohibited arbitrary interference in lawful gaming operations.

Impact of the Ruling

The decision reinforces the legal protection for game of chance and other skill-based games in India. It is expected to provide relief to gaming operators facing similar legal challenges and prevent undue police action against legitimate gaming clubs.

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