Yes, the High Court of Punjab and Haryana in the Varun Gumber case had ruled that playing Dream11 fantasy games requires considerable skill, judgment and discretion and that success on Dream11 results from the practice, superior knowledge, judgment and attention of users and therefore fantasy sports are legal. This principle was later repeated in other following cases: The mystery surrounding the legality of fantasy games has acted as a bottleneck for the rapid progress of the online gambling industry in India. While the issue of fantasy sports is gambling or not, seems to have been resolved, however, there is the SLP filed by the Maharashtra government that is still pending. LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and register: Disclaimer: Fantasy games carry financial risks and can be addictive. The information provided in this article does not constitute and is not intended to constitute legal advice; Instead, all information, content and materials available here are for general information purposes only. A common misconception in India is that sports betting – in any form – is illegal. However, this is not entirely true, as only offline sports betting is banned in the country. The Indian cricket team has had a lot of problems due to offline sports betting. Now, however, online betting is a completely different offering and it is believed that about half of the Indian population is a sports enthusiast. As a result, many online betting sites have sprung up in the last decade. We can also point out that the Supreme Court of India has ruled that competitions requiring essential skills are commercial activities protected by Article 19(1)(g) of the Constitution (the right to engage in any profession or to engage in any profession, trade or enterprise).
The position of the Supreme Court has been used over time by various high courts to rule on the legality of games of skill. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Disclaimer: The content of this article is for informational purposes only and does not constitute legal advice or advice and represents the personal views of the author. It is based on the relevant laws and/or facts available at that time and is prepared with the required accuracy and reliability. Readers are advised to review and consult the relevant provisions of the law, recent court decisions, circulars, clarifications, etc. before acting on the above letter. The possibility of other views on the subject cannot be excluded. By using the above information, you agree that the author/TaxGuru is in no way responsible for the authenticity, accuracy, completeness, errors or any omissions in such information. It is not a type of advertising or solicitation of work by a professional.
The issue with Tamil Nadu is still quite unclear. The state has gone back and forth with its laws on the regulation of online gambling. Tamil Nadu has passed a remarkable ban on online gambling with the amendment of the gambling and police laws in 2021. More recently, the state reportedly allowed Dream11 to operate without hindrance in its operations after the Supreme Court struck down previous legislation. This came after the Supreme Court rejected an SLP against online gambling and fantastic sports betting on the Dream11 platform. There is no explicit legalization of fantasy sports, but this ordinance confirmed other government decisions that allowed Dream11 to function as a game of skill. However, the situation is still unclear, as the Tamil Nadu Supreme Court has reiterated that the government may pass another law to ban gambling. After analyzing the above facts and compliance regulations, it can be concluded that Dream11 is a fantastic game and is not illegal as it involves betting/gambling.
The same thing has been ordered by the supreme courts of various states. There is a grey area when it comes to the online gambling sector. In India, there is no rule that explicitly prohibits the practice, nor is there any question of clear acceptance. It is therefore assumed that online sports betting is legal, with the exception of states such as Andhra Pradesh where any type of betting is prohibited in all areas. In this article, we will dive deep into the legal framework of gambling laws in India, analyze what happened in the Ludo Supreme case and how Dream 11 escaped the gambling case. The legal framework and laws related to gambling in India is a very interesting topic. We all know that gambling has been part of Indian culture since ancient times. The most famous example of Indian gambling history is the story of the Pandavas, who lost all their Kauravas wealth in a dice game in the Mahabharata. In the modern era, after the invention of the internet and smartphones, technology has evolved to the point where online gaming/gaming/betting has become a huge business. In today`s world, everyone is connected via high-speed internet and a person sitting in India can indulge in an online gambling/betting event on the other side of the world via a foreign betting site.
The best example is the English Premier League, which has a huge following in India. Many people bet on football matches that take place in the UK and other parts of Europe through many foreign betting sites that have servers outside of India. Although betting is illegal in most parts of India, it cannot be restricted as the action does not technically take place on the territory of India. Gambling in India was legally regulated when it became a British colony. The British drafted a law called the Public Gaming Act, 1867 (hereinafter referred to as the „PGA”) to provide for „punishment for public gambling and the maintenance of common gambling houses in the United Provinces, East Punjab, Delhi and the Central Provinces”. PGA is a general law that regulates gambling in India and is a central law.