Legality

It's completely legal to play skill based game in India. In 1957 the Supreme Court stated that prize competitions which involve substantial skill are business activities that are protected under Article 19 (1) (g) of the Constitution of India.

Supreme Court of India in 1996 defined a game of mere skill as follows:

The competitions where success depends on substantial degree of skill are not "gambling".

Despite there being an element of chance if a game is preponderantly a game of skill, it would nevertheless be a game of "mere skill".

The Supreme Court's judgment in 1996 specifically excluded the games of skill, irrespective of whether they play for money or not, from the definition of gambling. The exact quote from the 1996 judgment is as follows:

"The expression 'gaming' in the two Acts has to be interpreted in the light of the law laid-down by this Court in the two1957 cases, wherein it has been authoritatively held that a competition which substantially depends on skill is not gambling. Gaming is the act or practice of gambling on a game of chance. It is staking on chance where chance is the controlling factor. 'Gaming' in the two Acts would, therefore, mean wagering or betting on games of chance. It would not include games of skill like horse racing"

Further, the Public Gambling Act, which is the central law on gambling and most subsequent state laws on the subject substantially state that "nothing in this Act shall apply to games of mere skill wherever played". This is also mentioned in the 1996 Supreme Court judgment.

"In any case...Section 11 of the Gaming Act specifically saves the games of mere skill from the penal provisions of the two Acts."

Is it legal to play skill games at MONARC ENT Pvt Ltd.,? All games offered from MONARC ENT Pvt Ltd., a high degree of skill from the player to play and compete with other players and hence these games are predominantly a game of skill. There is a mere element of chance and a player requires lots of skills and strategies to play the game. The element of skill overrides assumptions that these games are games of chance in any aspect.

The Supreme Court of India in the case of R.M.D Chamarbaugwala v. Union of India has declared that competitions or games where the success depends upon a substantial degree of skills cannot be considered as gambling. If it is preponderantly a game of skill with some element of chance, it would nevertheless be a game of 'mere skill'. With all such inferences, you could conclude that it is legal to play skill based games on www.monarc.games as long as you are not playing from the states of Assam, Odisha. In these states the Gaming Laws are less clear.

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