'Games of Skill' are where the outcome predominantly depends on the player’s physical or mental skill, strategy, knowledge, technical expertise, and experience. Skill-based games like online Rummy, fantasy sports, poker, and e-sports have all been found to be games of skill by various High Courts and the Supreme Court in India. These games are legitimate business activities protected under Article 19(1)(g) of the Indian Constitution. ‘Games of Chance’ however, are determined by luck and where a predominant level of chance determines the outcome, with little or no skill to be used. In these games, players do not have to participate in achieving or securing the outcome and do not have control over the outcome. Games like roulette or rolling dice are games that have chance-based outcomes with little or no control. Such games are considered gambling, hence deemed illicit in India.
