top of page

Facebook Policy

Date: August 25, 2023

 

Subject: Legal Memo - Legality of Advertised Gaming (HukumKaIkka) on Facebook without License

 

WorkLooper Consultants Pvt. Ltd.

WorkLooper Consultants Pvt. Ltd. , C-114 Sector 63, Noida, Gautam Buddha Nagar, Uttar Pradesh, 201301

Email: originalhukumkaikka@gmail.com

Contact: +91 9205225242

Brand Name: HukumKaIkka

Introduction

 

This memorandum seeks to provide a comprehensive legal analysis of the advertising of HukumKaIkka on Facebook Ads within the legal framework of India. We will assess whether a license is required or not for promoting HukumKaIkka through Facebook Ads under the current Indian gambling and gaming laws.

 

Background

 

HukumKaIkka is a prominent online gaming platform that offers various skill-based game and competitions to users, allowing them to participate and win prizes based on their gaming skills.

 

Legal Analysis

 

The legality of promoting HukumKaIkka on Facebook Ads in India primarily depends on the legal classification of HukumKaIkka game and the prevailing gambling and gaming laws in India. In this context, it is important to understand the distinction between game of skill and game of chance.

 

Game of Skill vs Game of Chance
 

Game of skill are those wherein the outcome predominantly depends on the skills, knowledge, and expertise of the participants. On the other hand, game of chance rely predominantly on luck and randomness, and the participants have limited control over the outcome.

 

HukumKaIkka primarily offers game that are skill-based, where the outcome is substantially influenced by the participants' skills and decision-making abilities. In a landmark judgment (State of Andhra Pradesh v. K. Satyanarayana & Ors., ig68 SCR (3) 399), the Supreme Court of India emphasized that game that involve a significant degree of skill do not qualify as gambling and are protected under Article ig (i) (g) of the Constitution of India.  

 

Licensing Requirement

 

The Public Gambling Act, 1867 is the primary legislation governing gambling in India. The Act differentiates between game of chance and game of skill, only prohibiting the former. As HukumKaIkka predominantly offers skill-based game, it falls outside the purview of the Act and does not require a license for advertising on platforms like Facebook.

 

Section (12.) of The Public Gambling Act, 1867 clearly mentions that “Act not to apply to certain game.—Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played.”

 

Conclusion

 

Based on the legal analysis presented above, it is our opinion that promoting HukumKaIkka on Facebook Ads without the need for a gambling license is legally permissible. Since HukumKaIkka predominantly offers skill-based game that are protected under the Constitution of India and do not fall within the scope of the Public Gambling Act, of 1867. Your proposed advertising activities are in compliance with the prevailing legal framework. However, it is recommended to continuously monitor any changes in the legal landscape that may impact the interpretation of gambling laws in India.

 

 

Please note that this opinion is based on the legal framework as of the date of this memorandum and is subject to change based on future legislative amendments or judicial decisions.

 

Shiv Narayan Sharma

Advocate

Delhi High Court

Mobile No.: 9811363489

bottom of page