Is fantasy cricket apps legal in India? Here’s what law says

For the IPL 2023 season, market research firm Redseer Strategy Consultants has predicted that the fantasy sports segment is expected to grow in the range of 30-35% to ₹2,900-3,100 crore. Low data costs and increasing smartphone penetration have played an essential role in pushing the accessibility of fantasy sports.

With a such huge base, many users doubt the legality of playing fantasy cricket in India. As our country has very strict, restrictive laws against gambling, it is natural that some people might consider fantasy sports as part of gambling or betting.

Some people have approached courts claiming that fantasy sports are basically betting and the practice must be restricted and regulated.

What does the law say in the matter?

As per Article 19(1)(g) of the Indian Constitution, a game of skill where players must use their expertise, talent, knowledge, and strategies to analyze, think, and develop techniques to win is a legal activity.

Winning is possible through judgment and analysis, and not just luck. As a result, fantasy cricket comes under the ambit of a game of skill where players need to use their expertise and knowledge of sports to create fantasy teams.

The issue is also decided by Indian courts and in February 2020, Rajasthan high court termed fantasy sports as a ‘game of skill’ while dismissing the offenses of betting and gambling.

In August 2021, the Supreme Court upheld the legality of fantasy sports as it requires considerable skill and judgment.

Game of Skill vs Game of Chance:

Ministry of Electronics and Information Technology (MeitY) has also acknowledged a difference between the ‘game of skill’ and the ‘game of chance.’ When the outcome of the game is predominantly determined by skill, then it is a game of skill, while when the outcome is decided predominantly by chance, it is a game of chance.

Therefore, fantasy sports are a legitimate business in India and do not fall under the Public Gambling Act, of 1867. According to the Federation of Indian Fantasy Sports (FIFS) – the country’s first and only self-regulatory Sports Gaming industry body, games of skill are excluded from the definition of most gambling legislations and therefore are legal to play.