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A Karnataka High Court bench of Chief Justice Ritu Raj Awasthi and Justice Krishna S Dixit was hearing a batch of petitions challenging the constitutional validity of the Karnataka Police (Amendment) Act 2021, by which the state government has banned all online gambling and betting and provide maximum imprisonment of three years and penalty upto Rs 1 lakh for violation of the provisions.

Seeking a stay of the new amendment, Singhvi that there is a distinction between a game of chance and game of skill. Game of chance alone can be regulated to the point of banning by state authorities. However, State governments have no jurisdiction to ban games of skill. 

Moreover, he added that a game of skill is predominantly a game of skill. When you say game of chance, it means predominantly that the ‘chance’ factor is involved. 

This apart, he informed that that a platform organizer can never play the game himself. The virtual format also happens to be more disciplined and transparent than when the same game is played physically as certain noxious activities may creep in. 

Citing an example, Singhvi said, in any card game there is an element of chance, to the extent of handing over the chance. However, it would be wrong to say that the chance does not mean that Bridge or Rummy is not a game of skill. 
Merely because there is a chance does not make it a less skillful game of skill, Singhvi contended. 
The Amendment Act came into force on October 5, banning all forms of wagering or betting, including in the form of tokens valued in terms of money paid before or after the issue of it. It has banned electronic means and virtual currency, electronic transfer of funds in connection with any game of 'chance'. However, there is no ban on lottery, or betting on horse races on any racecourse within or outside Karnataka.

The matter will be next heard on November 18.
 
Case Name: All India Gaming Federation v. State Of Karnataka