Fantasy Cricket is not Gambling court judgement 2021

Games of Skill and Fantasy Sports in the United States of America

The principal federal statute that deals with online fantasy sports in the U.S.
the Unlawful Internet Gambling Enforcement Act, 2006 (“UIGEA 2006”) which was enacted
to combat internet gambling. The UICEA 2006 specifically exempts from its purview
any fantasy sports games that “have an outcome that reflects the relative knowledge
of the participants, or their skill at physical reaction or physical manipulation
(but not chance), and, has an outcome that is determined predominantly by accumulated
statistical results of sporting events, including any individual performances in
such sporting events.” and satisfy the below criteria:

• All prizes and awards offered to winning participants are established and made
known to the participants in advance of the game;

• The value of prizes is not determined by the number of participants or the amount
of fees paid by those participants;

• All winning outcomes are based on the relative knowledge and skill of the participants
and are determined predominantly by accumulated statistical results of the performance
of individuals (athletes in the case of sports events) in multiple real-world sporting
or other events; and

• No win is based on a point-spread or on one single performance in one single
event. In other words, no winning outcome is based – (a) on the score, point-spread,
or any performance or performances of any single real-world team or any combination
of such teams; or (b) solely on any single performance of an individual athlete
in any single real-world sporting or other event.

Games can be broadly classified into the following two categories (as per Indian

• Games of chance, where the winner is determined entirely by mere luck, the result
is wholly uncertain and doubtful and a human being cannot apply his/her mind to
estimate the result or his/her efforts to influence the result. Generally, such
games are illegal as constituting gambling.

• Games of skill, where, skill plays the dominant role and the result depends primarily
upon the relative knowledge, training, attention, experience, and/or adroitness
of the participants. Generally, such games are not deemed to constitute ‘gambling’
and do not fall foul of the laws prohibiting gambling.

For a game to be considered a ‘game of skill’ under Indian law, the element of skill
must predominate the element of chance in affecting the results of the game. Thus,
the extent to which skill is involved in the game is the key factor in the determination
of the nature and legality of the game under Indian law.

Accordingly, games such as Cricket, Fantasy Cricket, Rummy, Chess, Carrom and Wagering
on Horse Races have been recognised by the courts in India as games of skill.


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