Case Note & Summary
The petitioners, News Television India Ltd. and its directors, challenged the order of the Metropolitan Magistrate, 10th Court, Andheri, Mumbai dated 8/9/2000 issuing process against them in Criminal Case No. 144/S/2000. The respondent No.1, Ashok D. Waghmare, had filed a complaint alleging that the broadcasting of the programme 'Kaun Banega Crorepati' (KBC) on STAR TV constituted an offence under the Bombay Prevention of Gambling Act, 1887 and the Prize Competition Act, 1955. The petitioners contended that KBC is a game of skill, not chance, as participants answer general knowledge questions to win prizes. The court analyzed the nature of the game and held that it involves substantial skill, knowledge, and judgment, distinguishing it from gambling which is based on pure chance. The court noted that the programme requires participants to answer multiple-choice questions correctly, and the element of chance is minimal. Consequently, the court quashed the order of issuance of process, holding that no prima facie case under the gambling laws was made out. The court also observed that the Magistrate had mechanically issued process without applying his mind to the legal position. The petition was allowed, and the criminal proceedings against the petitioners were quashed.
Headnote
A) Criminal Law - Quashing of Process - Game of Skill vs Game of Chance - Bombay Prevention of Gambling Act, 1887, Sections 4, 5 - Prize Competition Act, 1955 - The court examined whether the television programme 'Kaun Banega Crorepati' is a game of skill or chance. Held that the game involves substantial skill in answering questions correctly, and therefore does not fall within the definition of gambling under the Bombay Prevention of Gambling Act, 1887. The issuance of process by the Magistrate was quashed. (Paras 4-6) B) Criminal Law - Prize Competition - Prize Competition Act, 1955 - The court considered whether the programme amounts to a prize competition under the Act. Held that the programme is not a prize competition as defined, since it does not involve a competition for prizes based on chance but on knowledge and skill. (Para 6) C) Criminal Procedure - Issuance of Process - Section 204 Cr.P.C. - The court held that the Magistrate erred in issuing process without considering the nature of the game and the legal position that games of skill are exempt from gambling laws. The order of issuance of process was set aside. (Paras 5-6)
Issue of Consideration
Whether the game show 'Kaun Banega Crorepati' constitutes gambling under the Bombay Prevention of Gambling Act, 1887 and the Prize Competition Act, 1955, and whether the issuance of process by the Magistrate was justified.
Final Decision
The court allowed the petition and quashed the order of issuance of process dated 8/9/2000 passed by the Metropolitan Magistrate, 10th Court, Andheri, Mumbai in Criminal Case No. 144/S/2000. The criminal proceedings against the petitioners were set aside.
Law Points
- Game of skill vs game of chance
- Gambling definition
- Prize competition
- Issuance of process
- Quashing of criminal proceedings
