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Dhruv Saharan   25 March 2024

Is it possible to legalise this form of gambling?

I am planning to start an online gambling website, while making sure it is safe & legal for me and the player.

By my research I have found out that online gambling is of two types:

  • Skill Based Gambling: The games which requires some amount of skill to be able to compete, comes under skill based gambling. Online chess, carrom, some forms of cards games, betting in Horse races are some examples. It is allowed in India to gamble on these type of games.
  • Luck/Chance Based Gambling: These is type of gamble which is entirely based on Luck by Chance. There is no actual skill required. Like betting on faces of coins, betting on random numbers, etc. These games are illegal in India.

But the game I want to host on my website actually comes under Luck Based Gambling. It works like this: there are two colors, any two colors. The player has to predict which color has the cash prize. The player will choose any of the color, and if that color wins, they get double the money. This is not a Ponzi scheme but we indeed payout the money. This works like this: If 70% people choose red for example and rest 30% choose blue. We will make the blue color winner. Now all the money that those 70% people lost, goes to 30% winners after deducting our (game organiser's) profit. Completely illegal stuff, right? But I have gotten a great idea in mind that can prove this to the court that is a skill based game and hence making it legal.

So, let's start from basics. In this case, difference between legal and illegal is: skill. If skill is involved in gamble, it's legal. If not involved, it's illegal.

So that idea is to somehow prove to the court that the game is skill based. Now here is my plan. This is most important stuff and requires your utmost attention Mr. Advocate. See this:

We have seen a consent box in defferent sites that doesn't allow us to proceed unless we accept terms and conditions. It says something like:

  • I have read and accept terms, conditions & rules of the game.

Now we have to put this before game and only let the player play if he agrees to terms and conditions. I through my experience, know that no one ever opens those terms and conditions to find out what's written in it. So, it is a good way of getting consent of user without telling them anything.

Now the fun starts on Terms and Conditions (TnC) page. Here we are going to add our most awaited ingredient which will change the course of game and make it skill based. We are going to write in TnC that this game requires a special skill to play. Then we will proceed to inform the player that this is a challenge. You have to find out the right color out of two. The right color can be found out on this website link (will provide a link). But in order to find out the right colour, you have to complete a challenge which is a mathematics question. If the player goes on website and solves the math equations there and get the color and choose it. He will win the game. Hence the color is found by the candidate through his skill, not by just randomly choose any one. He has used his maths knowledge solve the question and get the right color which will make him win.

Well, no one is going to go through all this bullsh*t. No gambler obviously reads terms and conditions. He will play it as a gamble and win or loose money as he does. But I want your opinion now, can I now, prove to court this way that it is skill based game.

I mean, the color is found out by solving mathematic equation. It's skill. What can I do if a person doesn't read all that and plays it on their own by predicting the right color.


I want your suggestions if I am wrong anywhere. Please comment.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 March 2024

You have repeated the same question today itself in a different manner and as lengthy as this question.

You may consult a consultant and proceed as suggested.

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