It essentially depends on which factor - skill or chance - is the dominating factor determining the result of the game. Indian courts have adopted the dominant factor or predominance test to distinguish between games of skill and chance. In addition to this, our laws and Supreme Court judgements have also affirmed this distinction. Though the law was only applicable to erstwhile British era provinces, many states adopted laws in line with the PGA as their own state laws some like Uttar Pradesh have simply adopted the PGA. The main law for gambling in India was the Public Gambling Act, 1867, which created a distinction between between games of skill and chance. Not only do our laws bifurcate gambling into two kinds: games of skill and chance, the Constitution leaves it to states to legislate on gambling. India has perhaps the most unique legal jurisprudence when it comes to gambling in the world.
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