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Dhruv Saharan   25 March 2024

Legalising illegal gambling

Hello

This post is going to be a bit lengthy but I'm sure you guys will have fun answering my questions. I'm planning to start an online gambling website, but in safe and legal way only. In my knowledge, there are two types of online gambling in India:

  • Skill Based Gambling: These are the games which requires some amount of player's skill to win. This includes Chess, carrom, pubg and all kinds of games that one can compete in. These games are generally allowed in India.
  • Luck Based Gambling: This is type of gambling in which there are no skills required. The outcome is purely based on Luck. People betting on faces of coins, some kinds of card games are example of Luck Based Games. These games are illegal.

*Please correct me if I am assuming something wrong at any point.

​

​​​Now, the problem here is that the game I want to host is entirely luck based but I anyhow want to make it legal (and I have a plan for that as well 😜). This game is called "color prediction game." In this game, players choose any one color out of two. Now we see player's responses on our screen. The idea is to make the color winner for cash prize which has lesser votes. For instance, 70% choose red and 30% choose blue. Here, we will make the blue color eligible for pricing and the red-chooser will loose. Now we will give double the amount of money to 30% people and keep the rest amount as profit. Now at this point, I know it feels extremely illegal. But now comes the fun part of legalising it.

  1. I will add a consent box that says "I accept terms & conditions of this game" which will not allow the player to play the game unless he ticks the checkbox.
  2. In terms and conditions, I will disclose to the player that this game is 100% skill based game and not luck based. But you will have to read this guide or documentation before playing. I will provide link to access the documentation.
  3. Now the most important part comes here. I am going to create a website and keep it updated with the winning colour before ending of match. If anyone is able to open that website and find out the winning colour, he will win for sure. But for opening this site, the player has to some complex math equations. This is to make sure that any player can not access the information about which color is going to win.
  4. Now I will explain the method of accessing this website and finding out the winning colour in the documentation I will provide in terms and conditions. Now this game has became a skill based game instead of luck based game. How? Because now if the individual is able to learn the way of finding out the winning team from other website, he is able to win. It is a skill. It requires computer and maths skills to open that website and find the winning colour before time. But if anyone is not reading the terms and conditions before playing and just playing on their own without learning the actual method of winning through their skill, it is none of my problem. I am openly giving them method to win by learning 100% foolproof method to win. (No more than 0.01% people go and read out terms and conditions and no gambler will be able learn through documentation. Hence, no one will be able to abuse this system.)

I guess you understand what I am up to. I have made it 100% skill game as the player can read the guide provided and win the game.

​​​​​Now I request you guys to advice me if this is legal or still illegal, and if yes, then why? I am also open to any suggestions that I can do in order to be more safer. And yeah, if you didn't understand anything I wanted to say, please ask.​​​​​



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 March 2024

There's no illegality for creating your own ideas on the given subject which is out of your skill.

In case of any legal issue, you can revert back so that we can advise you the remedy.

1 Like

Dhruv Saharan   26 March 2024

Thank you so much Mr. Kalaiselvan. I really appreciate your help.

In short my question is: if court knows my intention and know that I am exploiting loopholes in constitution, but I am able to prove it as a skill based game, will the court follow constitution or will it consider my intention.

T. Kalaiselvan, Advocate (Advocate)     26 March 2024

This is not exploitation.

The law provides protection to skill based games from stringent laws against.

Unless and until you don't indulge in any type of illegal or exploiting activities, you can proceed safely.


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