Games can be broadly classified into the following two categories:
The principal legislation governing gambling in India is the Public Gambling Act, 1867 (“PGA”). The PGA criminalises the act of ‘gambling’ in a public forum and the keeping of a ‘common gaming house’. The PGA, however, creates an important exception in favour of games of skill, by stating that the provisions of the PGA shall [not] be held to apply to any ‘game of mere skill’ wherever played.
In determining whether a given game or contest is a game of skill or chance, Indian courts have adopted the standard of assessing the ‘dominant factor’ of a game. The two most important Indian cases in this regard are State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) (the “Satyanarayana” case) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) (the “Lakshmanan” case).
In the Satyanarayana case, the Supreme Court defined a 'game of mere skill' to mean a game "in which, although the element of chance necessarily cannot be entirely eliminated, success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player." By application of this definition, the Supreme Court held that the game of rummy was a game of skill, and did not amount to gambling under the PGA. While upholding the levy of a nominal service charge for provision of a physical space, cards, etc., to play a game of rummy, the Court reasoned:
"Rummy...... requires certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill."
In the Lakshmanan case, the Supreme Court held that the betting on horse races was a game of skill. It rationalised that in a horse race the winner is not determined by chance alone, as the condition, speed and endurance of the horse and the skill and management of the rider are factors affecting the result of the race. The bettor has the opportunity to exercise his judgment and discretion in determining the horse on which to bet.
So far as the contention that the conduct of programmes falls within the scope of Section 2© of Act 1978 is concerned, a reading of the provisions of the 1955 Act and 1978 Act shows that "Money Circulation Scheme" must exist to attract the provisions of the Act, stated above. The spirit of the Act is to prevent exploitation of the gullible public. www.iqzeto.comexhibits a Quiz Contest where Intelligent Quotient (I.Q.) &knowledge from various subjects plays a very vital role in giving maximum number of correct answer in minimum time. Any Contestant who are participating in www.iqzeto.com Quiz Contest must be having good knowledge of internet availed gadgets and their usage as the entire format is online.
As with the above mentioned Prize chits and money Circulation Schemes (Banning) Act 1978 another most important aspect is the genuinely & transparency of the Quiz Contest conducted by www.iqzeto.com The website runs on Secure Sockets Layer (SSL) encryption to protect all user data from mishandling& is open to all the intelligent minds across the country (except Assam and Orissa). Also any employee or person associated with the website in any form is not allowed toparticipate in any of the quiz contest hosted on the website.The system is fully automatic in declaring the winners based on maximum number of correct answers given in minimum time that too in a real time. Real qzeto are credited into winners account after deducting the TDS as per thanapplicable taxation rule.
The most important aspect this quiz contest is to give maximum correct answers in minimum time to declare the winner. Contestants have maximum of 12 seconds to give correct answer as each quiz game consist of 10 question and maximum time allotted is 120 seconds to complete the quiz during the schedule time only. Thus, giving a correct answer for the question asked requires skill, IQ and knowledge from various fields. Giving maximum correct answers in minimum time is a HIGH SKILL game as out of all registered user for a particular quiz one who gives possess the sharpest IQ and intelligencecan only give maximum correct answer in minimum time and win the quiz