Validity Of “Gacha” Games Under The Public Gaming Act of 1867

‘Gacha’ is a popular concept in Japan. These are loot boxes that are sold in shops on special occasions. The contents of this box vary from box to box and may obtain things worth more than the price of the box. From this concept, gacha games have originated. ‘Gacha’ games are a very popular category of games in the present society. A very popular RPG-gacha game, “Genshin Impact,” took mobile games by storm when it was released in September 2020. These games are played by people worldwide and across multiple age groups. These games are very often linked to gambling. Although these games are not exactly gambling, they have aspects resembling gambling. In India, there is a very archaic law that regulates gambling. Although there are state regulations that are newer and regulate e-gambling also, there is no Central legislation. In the Public Gaming Act 1867, Section 12 of the Act states, “Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played.” Now all Gacha games can have both elements of skill and chance. This paper aims to determine which of the two takes precedence over the other and, thus, through this differentiation, if it comes under the purview of the Public Gaming Act of 1867.