2 hrs ago
Karnataka High Court Reconsiders Andar Bahar’s Legal Status
Andar Bahar is a card game where players bet on whether a matching card will appear first on one of two sides.
A Karnataka High Court judge is unsure whether the game mainly uses skill or luck.
This matters because gambling laws may apply differently to games of chance and games of skill.
In 1977, another Karnataka High Court judge treated Andar Bahar as a game of skill.
The older ruling said that betting money alone does not prove that a game is one of chance.
The current case came from a police raid in Mangaluru in 2020.
The police said people were playing the game for money.
The judge referred the question to a larger bench because one judge cannot overturn an earlier decision by an equal-level bench.
Justice Suraj Govindaraj questioned a 1977 ruling that classified Andar Bahar as a game of skill.
The issue arose from a petition challenging criminal proceedings after a 2020 gambling raid in Mangaluru.
Police allegedly seized Rs. 63,815, 16 mobile phones, playing cards and seven vehicles.
Supreme Court precedents say a game’s legal character depends on whether skill or chance predominates.
Because a single judge cannot overrule an earlier coordinate-bench decision, the matter was referred to a larger bench.
- Who
- Justice Suraj Govindaraj, the accused petitioners, and the Karnataka High Court are central to the case; the 1977 ruling was delivered by Justice D.B. Lal.
- What
- The court is reconsidering whether Andar Bahar is legally a game of skill or a game of chance.
- Where
- The alleged activity took place in Thokuru village, Mangaluru Taluk, Karnataka, and the legal issue is before the Karnataka High Court.
- When
- The alleged gambling activity occurred in August 2020; the earlier Andar Bahar ruling was issued in 1977.
- Why
- The classification can determine whether gambling laws apply, and the current judge said he was unable to agree with the earlier ruling.
Skill-Based Game
Chance-Based Game
Nature of Andar Bahar
Skill-Based Game
The petitioners rely on the 1977 ruling and argue that Andar Bahar is a game of skill, so the criminal proceedings should be quashed.
Chance-Based Game
Justice Suraj Govindaraj questioned whether the game is actually dominated by skill and said he could not agree with the 1977 classification.
Effect of Betting Money
Skill-Based Game
The 1977 ruling held that betting money by itself does not convert a game of skill into a game of chance.
Chance-Based Game
The prosecution alleged that the accused were gambling by staking money, though the court must still determine the game’s underlying character.
Evidence Required
Skill-Based Game
The 1977 court found that the prosecution had not shown how Andar Bahar was played and had relied mainly on police opinions that it was a game of chance.
Chance-Based Game
The current proceedings have prompted renewed examination of whether the game’s mechanics show that chance predominates over skill.
Key facts
- Game
- Andar Bahar, in which players bet on whether a matching card will appear first on the Andar or Bahar side.
- Earlier precedent
- Eeranna v State of Karnataka, a 1977 Karnataka High Court decision treating the game as one of skill.
- Police action
- A raid followed information that 10 to 20 unknown people were gambling for money in Thokuru village.
- Seized items
- Approximately Rs. 63,815 in cash, 16 mobile phones, playing cards and seven vehicles.
- Provisions invoked
- Sections 79 and 80 of the Karnataka Police Act, 1963.
- Legal test
- The Supreme Court has said the dominant element—skill or chance—determines a game’s legal character.
- Next step
- A larger bench of the Karnataka High Court will reconsider the game’s status.
Quotes
Justice DB Lal
Karnataka High Court judge who decided the 1977 Andar Bahar case
“Even if any betting was resorted to and even if any pledge of movables was made in support of that betting, that by itself did not convert a game of skill into a game of chance…”
indianexpress.com
“The prosecution has not adduced any evidence to show as to how the game ‘Andar Bahar’ is actually played”
indianexpress.com
Sources
Related news
Hindi Cinema Uses Casino Imagery to Stage Risk and Suspense
ITAT Favors Bengaluru Taxpayer Over ₹2.33 Crore Gaming Demand
Bengaluru Gamer Wins ITAT Ruling on Net Online Gaming Losses
Karnataka High Court Denies Surfer Ramesh Budihal Asian Games Relief
Gujarat Police Arrest 42 in Chorwad Gambling Raid
Supreme Court Upholds Karnataka State Anthem Rendition Rules
X Accuses Centre of Backdoor Sahyog Portal Push
Supreme Court Seeks Clarity on Front-of-Pack Food Labels
Supreme Court Stays Reinstatement in IAS Dog-Walk Row
Supreme Court Seeks Reconsideration of NEET-SS Cut-Off Reduction
