A game completely depended on an outcome of a specific event without involving any skill on the part of the participant is defined as Betting whereas Fantasy Sports does not depend on the outcome of a real-life event and is purely based on the skills of the participant involving knowledge of the sport, players likely to participate, players’ forms, weather conditions, and such other related factors. The Outcome achieved by a participant of a Fantasy Sports Game has no dependency whatsoever on the outcome of the real-life game.
The principal legislation governing gambling in India is the Public Gambling Act, 1867 (“PGA”). The PGA criminalizes the act of ‘gambling’ in a public forum and the keeping of a ‘common gaming house’. The PGA, however, creates an important exception in favor of a game of skill, by stating that the provisions of the PGA shall [not] apply to any ‘game of mere skill’ wherever played.