Karnataka HC: Andar Bahar Skill Chance for Larger Bench Review

• A single-judge bench of the Karnataka High Court has referred the classification of Andar Bahar as a game of skill or chance to a larger bench.
• Justice Suraj Govindaraj expressed doubts about a 1977 ruling, *E Eranna v. State of Karnataka*, which had previously led to Andar Bahar being considered a game of skill.
• The 1977 judgment acquitted 14 individuals, stating the prosecution failed to prove Andar Bahar was a game of chance.
• Justice Govindaraj argues that once cards are shuffled, no player skill is involved in determining the card flow.
• This reconsideration could significantly impact the legal status of Andar Bahar and compliance for online gaming platforms in India.

The outcome of this reconsideration will not only redefine the legality of Andar Bahar but could also set a precedent for how other similar card games are classified, impacting operators and players across the country.

A single-judge bench of the Karnataka High Court recently determined that the fundamental question of whether the popular card game Andar Bahar constitutes a game of skill or a game of chance warrants a review by a larger judicial panel. This significant development occurred on a Tuesday, marking a potential shift in the legal understanding of the game within the state. The referral highlights growing judicial scrutiny over the classification of such games, which has broad implications for gambling regulations.

Andar Bahar is a widely played card game where participants place wagers on whether a card matching a pre-selected "middle" card will first appear in one of two designated positions, known as "Andar" or "Bahar." The simplicity of its mechanics belies the complex legal debate surrounding its classification, particularly concerning its status under Indian gaming laws.

The current reconsideration stems from doubts expressed by Justice Suraj Govindaraj regarding the accuracy of a 1977 High Court decision, specifically the case of *E Eranna v. State of Karnataka*. This landmark ruling involved the acquittal of fourteen individuals who had been accused of participating in outlawed games of chance, with Andar Bahar being the game in question. The 1977 single-judge bench had concluded that the prosecution failed to provide sufficient evidence to demonstrate that Andar Bahar was indeed a game of chance.

The *E Eranna* judgment explicitly stated that it was not "categorically proved that ‘Andar Bahar’ is a game of chance and that these accused were playing that game." This particular finding has since served as a crucial precedent, frequently cited by other benches of the Karnataka High Court. Consequently, these subsequent rulings have consistently upheld the classification of Andar Bahar as a game of skill, rather than an illegal game of chance, thereby influencing the interpretation of Karnataka High Court gambling law for decades.

Justice Govindaraj, however, has articulated significant reservations about this long-standing interpretation. His concerns center on the actual mechanics of the Andar Bahar game once it commences. He observed that after the cards are thoroughly shuffled and the deck is prepared for play, the subsequent sequence in which cards are dealt is not influenced by any player's skill or strategic decisions.

The judge explicitly stated that "There is absolutely no skill which would be involved in determining which card would flow from the deck when the game starts." This perspective directly challenges the premise that players can apply skill to influence the outcome, suggesting that the game's result is predominantly determined by random chance rather than any discernible player ability. This forms the crux of the argument for a re-evaluation of the Andar Bahar game of skill or chance debate.

The referral of the "Karnataka HC Andar Bahar skill chance" question to a larger bench carries substantial implications for the online gaming industry and the broader landscape of Indian gaming laws. Should the larger bench ultimately reclassify Andar Bahar from a game of skill to a game of chance, it would significantly alter its legal standing, potentially rendering its operation illegal under current gambling statutes. This would necessitate a re-evaluation of compliance obligations for platforms offering the game.

This judicial scrutiny, spearheaded by Justice Suraj Govindaraj, underscores the evolving legal interpretations surrounding online card games in India. The outcome of this reconsideration will not only redefine the legality of Andar Bahar but could also set a precedent for how other similar card games are classified, impacting operators and players across the country. Lawyers advising gaming clients in India should closely monitor this development, as a potential reclassification could profoundly affect the legality of its operation and the compliance obligations for online gaming platforms and operators.

Lawyers advising gaming clients in India should closely monitor the Karnataka High Court's reconsideration of Andar Bahar's classification, as a potential reclassification from a game of skill to a game of chance could significantly impact the legality of its operation and the compliance obligations for online gaming platforms and operators.

Source: Original reporting via legal news outlets.