The Supreme Court of India on Monday directed the Andhra Pradesh High Court to consider afresh all issues relating to online rummy, based on a state committee report and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, uninfluenced by the High Court's earlier findings1.
A division bench of Justice J.K. Maheshwari and Justice K.V. Viswanathan issued the direction in State Of Andhra Pradesh V. Play Games 24 And 7 Private Limited, SLP(C) No. 19057-19059/2023, cited as 2023 LiveLaw (SC) 7241. The Andhra Pradesh High Court, in an order dated 31.03.2023, had directed the state government to form a committee to examine how online rummy is played, to determine whether it is a game of skill or a game of chance1. The High Court framed five questions, the first being whether rummy is a game of skill or a game of chance1.
The Supreme Court said the High Court should look at the issues again once the committee report is produced:
"We think it appropriate that since the order impugned is interim in nature, asking the report from the Government, therefore, on producing the said report, the High Court would look into all the issues afresh, uninfluenced by the findings recorded in the order, taking note of the amended rules, viz. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023."
The dispute began when online game developers challenged amendments to Sections 2(1), 2(2), 2(4), 3(1), 3A, 4, 5, 6 and the substitution to Section 15 of the Andhra Pradesh Gaming Act, 19741. The petitioners argued that online rummy is a game of skill, no different from physical rummy, and that before the amendments any game of skill was exempt under Section 15; after the amendment, a game of skill played with stakes can attract the Act's penal provisions1. Andhra Pradesh appealed to the Supreme Court, arguing that the High Court's interim order had recorded findings on the merits, including that if online rummy is a game of skill it cannot be prohibited under the 1974 Act1. Senior advocate Kapil Sibal, for the state, said the committee report could only address facts, not law, and that the game is accessible around the clock, with suicides linked to children's addiction and per-game charges1. Senior advocate Sajan Poovayya, for the respondent, argued the High Court had not disposed of the matter and had only sought a report1.
The High Court had said there was not enough material on how online rummy is played, and constituted a committee including a judicial member, independent technical and non-technical members, two platform operator representatives, a police officer of Director General rank versed in information technology, and any other government representative, to report within four weeks of receiving a copy of its order1.
What it means for players
The legal position on paid online rummy in Andhra Pradesh remains unsettled. The High Court's earlier findings no longer bind the fresh consideration, and the state's penal provisions for games of skill played with stakes remain the subject of litigation. Until the High Court rules again, players in Andhra Pradesh, including visitors and expats, face the same uncertainty over whether operators can lawfully offer staked rummy there. The wider question of how India treats skill gaming is covered in Can I Gamble in India? and Gambling Laws in Asia: What Is Legal in 12 Jurisdictions.
What happens next
The committee must submit its report to the Andhra Pradesh High Court, which will then reconsider all issues, including whether online rummy is a game of skill or chance, taking the 2023 IT Amendment Rules into account. No date for that hearing has been reported.
