Is Andar Bahar a game of skill or chance? Karnataka HC refers issue to larger bench

A single judge Bench of the Karnataka High Court on Tuesday held that the question of whether Andar Bahar is a game of skill or a game of chance requires reconsideration by a larger Bench.

Andar Bahar is a card game in which players place bets on whether a card matching a designated card will appear first on a box referred to as "Andar" or on the "Bahar" box.

Justice Suraj Govindaraj today expressed doubts over the correctness of a 1977 High Court ruling, E Eranna v. State of Karnataka, in which persons found playing Andar Bahar were acquitted of allegations that they were playing outlawed games of chance (wagering or betting games).

In E Eranna, a single-judge Bench of the High Court had reasoned that the prosecution did not show how Andar Bahar was a game of chance.

"It was not categorically proved that ‘Andar Bahar’ is a game of chance and that these accused were playing that game," the High Court had ruled in the E Eranna judgment.

This ruling has subsequently been cited time and again by other Benches of the Court to rule that Andar Bandar is a game of skill rather than an outlawed game of chance.

Today, Justice Govindraj expressed reservations about this view. The Court observed that once the cards are shuffled and the deck is prepared for a game of Andar Bahar, the subsequent flow of cards is not dependent on the players' skill.

“There is absolutely no skill which would be involved in determining which card would flow from the deck when the game starts ... The number (of cards) being determined on the basis of the players or preset card, that the card [is] higher or below that particular number, would not require any skill," the Court observed.

Justice Govindraj, therefore, opined that Andar Bahar is a game of chance. However, since this view conflicted with the E Eranna ruling, the matter has now been referred to a larger Bench of the Court.

“The (question of the) game of Andhar Bahar not (being) a game of skill but game of chance would require re-consideration by larger bench to be constituted by Chief Justice,” Justice Govindraj said.

The Registry was accordingly directed to place the matter before the Chief Justice for the constitution of an appropriate Bench to reconsider the issue.

The Court made the reference while considering a petition challenging criminal proceedings initiated under Sections 79 and 80 of the Karnataka Police Act against several persons found playing the card game in 2020.

According to the prosecution, police received credible information on August 15, 2020, that 10-20 persons were gambling for money at a house called Mount Villa behind Pakshikere Church in Tokkuru village of Mangaluru taluk.

The police conducted a raid at around 12.15 AM on August 16, 2020. The raiding team allegedly found the accused, including the petitioners, playing Andar Bahar by placing money at stake.

Police seized ₹63,815 in cash, 16 mobile phones, playing cards and seven vehicles.

The accused eventually approached the High Court with a plea to quash the criminal case filed against them.

Advocate M R Balakrishna, appearing for the petitioners, argued that Andar Bahar was a game of skill and therefore did not fall within the ambit of Sections 79 and 80 of the Karnataka Police Act.

Relying on the E Eranna judgment, he submitted that the mere fact that betting or pledging of movable property was involved would not convert a game of skill into a game of chance.

However, the Bench questioned how skill was involved in a game of Andar Bahar.

“Andar Bahar is game of skill? Have you played it. What is the skill in the Andar Bahar? Not everybody gets (money) by playing Andar Bahar. That is why it is a chance,” Justice Govindraj observed.

The petitioners' counsel, in his response, drew parallels to bets placed on horse racing and the card game. The judge, however, was not persuaded.

“You know how many families' lives are destroyed by this game? Horse race also banned. It is banned and closed now. Andar Bahar is the game of chance," he remarked.

The Court went on to take note of the circumstances in which the E Eranna ruling was delivered. The said case arose from a criminal revision plea challenging the correctness of a judgment convicting 14 persons accused of playing Andar Bandar.

Justice Govindraj observed that the Eranna decision was rendered based on the evidence presented in that particular case.

The Court ultimately disagreed with the proposition attributed to E Eranna that Andar Bahar is a game of skill.

“In that view of the matter, I am unable to agree with the decision in E Eranna that the game of andhar bahar is a game of skill and not a game of chance,” Justice Govindraj held, while referring the matter for a conclusive decision by a larger Bench.