Some Legality
Some Legality About MAFIA ADDA
  • Mafia Adda is considered as a “Game of Skill.” The game of skills can be defined as a game wherein the skills of the individuals participating in any online E-sports gaming play a dominant role rather than the mere luck of the individuals. The individuals in game of skills use their knowledge, skills, training and attention for participation and winning. Online E-sports gaming is considered to be a legal practice around the world with certain states being an exception. Online E-sports gaming is entirely based on the concept of Game of Skills.
  • Mafia adda is completely legal as it offers services, E-sports like PUBG , COD , FORTNITE , CHESS , CRICKET PREDICTION etc. The services, contest(s) and program(s) related to online E-sports gaming offered by Mafia Adda is entirely dependent on the skills, knowledge and attention of the users which makes online E-sports gaming offered Mafia Adda a game of skills and 100% legal.
  • The game of skills such as the online E-sports gaming are considered to be legal all over India. expect certain states such as Assam, Nagaland, Odisha, Kerala, Meghalaya, Andaman & Nicobar , Sikkim, Telangana, Andhra Pradesh, Karnataka & Odisha. The Public Gambling Act, 1867 (“PGA, 1867”) is recognized as the primary legality driving the prevalence of gambling in India. The PGA defines the act of “public gambling” and the keeping of a common gaming house as a criminal and punishable act in India. However, the online fantasy sports gaming is considered to be an exception under the PGA, wherein the provisions and punishments of PGA shall not be applicable to games played by the user using their skills and knowledge as primary tools.
  • Assam, Nagaland, Odisha, Kerala, Meghalaya, Andaman & Nicobar , Sikkim, Telangana, Andhra Pradesh, Karnataka & Odisha There are various states in India wherein the laws related to the game of skills are unclear. In this regard, for the websites offering E-sports gaming, it remains unclear whether to offer the services for free or not. The Indian states with no clearance regarding the offering of pay-to-play contests include Assam, Nagaland, Odisha, Kerala, Meghalaya, Andaman & Nicobar , Sikkim, Telangana, Andhra Pradesh, Karnataka & Odisha . In this context,Mafia Adda does not permit the users identified as the residents of Assam, Nagaland, Odisha, Kerala, Meghalaya, Andaman & Nicobar , Sikkim, Telangana, Andhra Pradesh & Odisha to participate in the pay-to-play contest(s) organized by Mafia Adda.
  • If paid by credit card & debit card, refunds will be issued to the original credit card & debit card provided at the time of joining match and in case of payment gateway name payments refund will be made to the same account
  • Guidelines by the union ministry of Information and Broadcasting and other voluntary organisations such as the Advertising Standards Council Of India (ASCI) would prevent publishing of something which induces gambling which is clearly seen as an immortal and indecent activity. However in various Supreme Court rulings it was stated that the Esports is a game of skills and not considered as gambling, the advertising platforms allows Gambling and related advertisements if the companies comply with the policies and the advertisers. Facebook advertise ,promote or facilitate online real money games of skills ,with prior written permission from Facebook authorities. The authorised games of skill or lottery adverts must target people over the age of 18 who are in jurisdictions for which permissions has been granted.
  • The various Supreme Court rulings and the Gambling Acts of India imply that playing games of skills for cash does not constitute gambling and Mafia adda is games of skill based platform. Further since the Querist is having registered office at New Delhi and Corporate Office in the State of Uttar Pradesh ,hence limited prohibition as imposed by the few States on playing online games shall not have any impact on the legality of business of the Querist.
  • Also according to a Court ruling, playing games of skills like esports is considered as a business activity. Therefore , the activity to play for cash in a game of skill is protected under Article 19[1] (g) of constitution of India. Therefore in our considered view , playing esports with cash which is a game of skill is legal to subject to applicability of taxation policy of the Government.