In the modern era, technology has become one of our best friends as it gives all the things in the world in our hands. It makes things easier and also helps in developing our business. These days one of the trending yet controversial topics bout technology is Fantasy sports. It is basically a prediction game where players assemble a team of real sportsmen and convert the performance of sportsmen into fantasy points.

Many times fantasy sports are also put in the category of gambling. In India, gambling is subject to the state which means the state has the authority to regulate the practice of gambling in any manner they seem fit. The Public Gambling Act, 1867 is the only act for the central government on the subject of gambling, it prohibits all gaming houses which includes the game of chance but made an exception for a game of luck. The Supreme Court explains the term mere skill in the game in the case of State of Andhra Pradesh vs. K. Satyanarayana & Ors. Where the game of rummy is challenged that whether it is based on chance or skill. The court held that the game of rummy is not entirely based on chance but also requires a certain amount of skill. It is held that the game of skill includes
• Strategized the manner of placing bets.
• Selection of stocks or teams based on analysis.
• Manner in which moves are made through physical and mental skill.
The Supreme Court noted that while there is an element of chance, s with all the games in which cards are shuffled there is a certain level of skill is required.

The distinguisher between a game of chance and skill is may vary from case to case as one of the important distinguishing factors is whether the activity of the game is permitted under Indian laws or not.
In Varun Gumber v. Union Territory of Chandigarh, this case was concerned with deciding whether the fantasy games provided by dream 11 are skill-based or chance-based. The court held that playing fantasy sports required considerable skill, judgment, and discretion and the deployment of such skills and knowledge by the participant have a definitive effect on the outcome of the game.
In Gurdeep Singh Sachar v. Union of India, this case is also based on the legality of Dream 11, The Bombay High Court held that “the case of the Petitioner is wholly untenable, misconceived and without any merit. It can be seen that success in Dream 11’s fantasy sports depends upon the user’s exercise of skill based on superior knowledge, judgment, and attention, and the result thereof is not dependent on the winning or losing of a particular team in the real-world game on any particular day. It is undoubtedly a game of skill and not a game of chance. The attempt to reopen the issues decided by the Punjab and Haryana High Court in respect of the same online gaming activities, which are backed by a judgment of the three judges bench of the Apex Court in K.R. Lakshmanan (supra), that too, after the dismissal of SLP by the Apex Court is wholly misconceived.”
In Ravindra Singh Chaudhary vs. Union of India & Ors., the legality of Dream 11 was challenged again in front of Rajasthan High Court, The court upheld the legality of fantasy sports in an appeal made against the abovementioned order by the Rajasthan High Court order.

Tamil Nadu government passed the Tamil Nadu Gaming and Police Laws (Amendment) Act of 2021 (“TN Act”), banning online wagering or betting in respect to the game of skill as well, In Junglee Games & Ors. Vs. State of Tamil Nadu, the court struck down the act because the court has the view that imposing a blanket ban violates the right to carry on any Occupation, Trade, or Business.

It is now clear that fantasy games are the game based on skills, there may be a little bit of chance involved but they overcame all the hurdles of Indian Legislation till now they had to focus on intellectual property rights and personality rights aspects of fantasy games.

Aishwarya Says:

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