Legality

The Cricket Dan Fan Fantasy Game is a Game of Skill

Games of skill are excluded from the definition and purview of "gambling" under applicable Indian laws. The Cricket Dan Fan game, therefore, does not constitute "gambling activity" under applicable Indian laws. There are two versions of the Cricket Dan Fan Game - the 'free to play' version and the 'pay to play' version. The 'free to play' version is open to all Indian citizens who are currently residing in India. The 'pay to play' version is open to all Indian citizens who are residents of India, with the exception of residents of the states of Assam, Odisha and Telangana.

Indian Law on Gambling

The Central legislation governing gambling in India is the Public Gambling Act of 1867. This Act criminalises:

• The act of gambling in a public forum
• The keeping of a "common gaming house" which refers to a house, walled enclosure, room or place in which instruments of gaming are kept or used for profit or gain.

The Constitution of India allows states to make laws on betting and gambling. In furtherance of these powers, various Indian states have enacted anti-gambling legislations. These legislations are mostly in consonance with the Public Gambling Act of 1867.

Exception in Favour of Games of Skill

Section 12 of the Public Gambling Act, 1867, states that games of mere skill are exempt from the application of the Act. The Supreme Court of India defines games of skill as games where there is a predominance of skill.

"Rummy requires a certain amount of skill because the fall of the cards has to be memorised, and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill."

The Cricket Dan Fan Fantasy Sports Game is a Game of Skill

Like rummy and betting on horse races, the Cricket Dan Fan Fantasy Sports Game is also a game of skill. Success requires knowledge, attention, experience, and adroitness. Users assess the worth of each player and make theoretical evaluations based on scoring criteria.

State-Specific Restrictions

With regard to Andhra Pradesh, Assam, Odisha, Telangana, Nagaland, and Sikkim, the laws are unclear as to whether games of skill may be played for a fee. Therefore, currently, residents of these states are not permitted to play or participate in the paid formats of any game on Cricket Dan Fan.