The Karnataka High Court has reignited the debate on whether the popular card game Andar Bahar is one of skill or chance. On Tuesday, a single judge Bench led by Justice Suraj Govindaraj questioned the longstanding classification of the game, suggesting a larger Bench should reconsider the issue.
Historical Context and Legal Precedent
The game of Andar Bahar involves players betting on whether a designated card will appear first in a box labeled ‘Andar’ or ‘Bahar’. This legal discourse began with a 1977 High Court ruling in E Eranna v. State of Karnataka, where 14 individuals accused of engaging in illegal gambling were acquitted. The court had then ruled that the prosecution failed to prove Andar Bahar as a game of chance.
Since then, this ruling has been a cornerstone for other judgments, consistently categorizing Andar Bahar as a game of skill. However, Justice Govindaraj’s recent observations challenge this notion, indicating that the random nature of card distribution lacks a skill element.
Current Judicial Observations
Justice Govindaraj expressed skepticism about the earlier ruling, pointing out that the game’s outcome depends more on luck than any strategic skill. “There is absolutely no skill involved in determining which card will appear next from the deck,” he noted, emphasizing the inherent randomness of the game.
Consequently, this view contradicts the earlier E Eranna decision, prompting the court to refer the matter to a larger Bench for a more comprehensive review.
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Legal Proceedings and Arguments
This reconsideration emerged from a petition challenging criminal proceedings against several individuals under Sections 79 and 80 of the Karnataka Police Act. These individuals were apprehended in 2020 as they allegedly gambled using Andar Bahar. The police raid resulted in the seizure of ₹63,815 in cash, multiple mobile phones, playing cards, and seven vehicles.
Advocate M R Balakrishna, representing the petitioners, argued that Andar Bahar falls under the category of games of skill. He referenced the E Eranna judgment, asserting that involving money does not inherently convert a skill-based game into one of chance.
Justice Govindaraj, however, was unconvinced, questioning the skill element in Andar Bahar. Drawing parallels to horse racing, which is also banned, he pointed out the potential societal harm caused by such gambling activities.
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Next Steps
The court has directed the registry to present the issue to the Chief Justice, facilitating the constitution of a suitable Bench to deliberate further. The larger Bench will aim to deliver a conclusive judgment on whether Andar Bahar is predominantly a game of skill or chance.
This decision could impact the legal status of similar games across India, influencing gambling laws and regulations significantly.
