Legality

Nature of Games Offered

All games made available on the SportsBaazi platform including, but not limited to, Daily Fantasy Sports (DFS), Sports Trading, Predictor Leagues, Player Stocks, Poker, Rummy, and Ludo are classified as games of skill under applicable Indian law and supported by legal opinions from various retired members of the judiciary. These games are designed to require and reward users based on their:

  • Knowledge of the sport or game
  • Familiarity with rules
  • Experience and training
  • Judgement and discretion
  • Reflexes, strategy, memory, hand-eye coordination, and other cognitive skills.

These games are not games of chance or gambling, but rather qualify as “games of mere skill” where success predominantly depends on the player’s skill, as recognized by multiple judicial pronouncements and statutory exemptions.

Statutory Framework and Judicial Interpretation

  • Public Gambling Act, 1867 Section 12 of the Public Gambling Act, 1867 clearly provides: “Nothing in this Act shall apply to any game of mere skill wherever played.”
    This exemption is the cornerstone of legality for games of skill across India, subject to applicable state-specific legislation.
  • Judicial Precedents
    The Supreme Court of India and various High Courts have consistently upheld the legal distinction between games of skill and gambling:
    • In R.M.D. Chamarbaugwala v. Union of India (AIR 1957 SC 628), the Court held that: "A competition where success depends on substantial degree of skill is not gambling."
    • In K.R. Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153), the Court ruled: “A game of skill is one in which success depends principally upon superior knowledge, training, attention, experience and adroitness of the player.”
    • In State of Andhra Pradesh v. K. Satyanarayana (AIR 1968 SC 825), the Supreme Court held: “Rummy is not a game entirely of chance. It is mainly and preponderantly a game of skill.”
    • In Varun Gumber v. Union Territory of Chandigarh (2017 SCC OnLine P&H 5372) and Gurdeep Singh Sachar v. Union of India (2019), the High Courts reaffirmed that Fantasy Sports constitute games of skill and are legally permissible.
    • Poker has also been recognized as a game of skill in multiple High Court rulings:
      • Junglee Games India Private Limited v. State of Tamil Nadu,( 2021 SCC OnLine Mad 2762)
      • All India Gaming Federation v. State of Tamil Nadu & Ors. (2023 SCC OnLine Mad 6973) held that Poker is a game of skill and not a game of chance, disagreeing with the conclusions of the Dominance Games Pvt. Ltd. vs. State of Gujarat judgment. 
      • Indian Poker Association v. State of West Bengal (Calcutta HC)
      • All India Gaming Federation v. State of Karnataka (2022)
      •  DM Gaming Private Limited v. State of UP
    • Moreover, the Law Commission of India, in its 276th Report, acknowledged Poker as a skill-based game.
    • Poker involves mathematical calculation, psychology, and strategy. The International Mind Sports Association (IMSA) recognizes Poker as a “mind sports
    • In view of the provisions of the Haryana Gambling Act and the current lack of explicit legal clarity regarding its applicability to online skill-based games, users located within the territorial jurisdiction of Haryana are strongly advised to exercise caution and refrain from participating in sports engagement formats, including Fantasy Sports and its variants, offered on the Platform. This advisory is being issued as a matter of legal prudence and shall remain in effect until such time as SportsBaazi receives definitive legal and regulatory guidance on the applicability of the said Act to online real money gaming.
    • In compliance with the prevailing regulatory requirements, users residing in the State of Chhattisgarh are temporarily restricted from accessing or utilizing any services offered by the SportsBaazi Platform.

Other Constitutional Protection

In R.M.D. Chamarbaugwala v. Union of India, the Hon’ble Supreme Court held that competitions involving a substantial degree of skill constitute business activities protected under Article 19(1)(g) of the Constitution of India, which guarantees the fundamental right to practice any lawful profession or to carry on any occupation, trade, or business.

Furthermore, in All India Gaming Federation v. State of Tamil Nadu & Ors. (2023 SCC OnLine Mad 6973), the Madras High Court expressly held that Poker qualifies as a game of skill and not a game of chance, thereby rejecting the contrary view expressed in Dominance Games Pvt. Ltd. v. State of Gujarat. It was also observed in Amit M. Nair v. State of Gujarat that the Gujarat Prevention of Gambling Act, 1887, does not extend to or regulate online gaming formats, thereby limiting the applicability of such legislation to online skill-based games.

Compliance with State Laws

As of date, the following states prohibit or restrict participation in skill-based games played for stakes: Assam, Andhra Pradesh, Nagaland, Sikkim, Telangana, Chhattisgarh and Haryana

In view of the provisions of the Haryana Gambling Act and the current lack of explicit legal clarity regarding its applicability to online skill-based games, users located within the territorial jurisdiction of Haryana are strongly advised to exercise caution and refrain from participating in sports engagement formats, including Fantasy Sports and its variants, offered on the Platform. This advisory is being issued as a matter of legal prudence and shall remain in effect until such time as SportsBaazi receives definitive legal and regulatory guidance on the applicability of the said Act to online real money gaming.

In compliance with the prevailing regulatory requirements, users residing in the State of Chhattisgarh are temporarily restricted from accessing or utilizing any services offered by the SportsBaazi Platform.

In light of the prevailing regulatory framework, users residing in the State of Tamil Nadu are temporarily restricted from accessing Sports Trading game offered on the SportsBaazi platform and Other skill-based games offered on the SportsBaazi platform are made accessible to users in Tamil Nadu strictly in compliance with the Tamil Nadu Online Gaming Authority (TNOGA) Guidelines, as outlined in detail under the Platform’s Terms of Use.

Accordingly, individuals residing in the aforementioned Restricted States are prohibited from participating in any paid contests or skill-based games offered on the SportsBaazi Platform. Any such participation shall be at the sole discretion and risk of the user, and SportsBaazi shall not be liable for any loss, damage, or refund arising therefrom.

By accessing and using the Platform, users expressly acknowledge and agree that they are solely responsible for ensuring compliance with all applicable laws and regulations in their respective jurisdictions, including any updates or amendments thereto.

Platform Responsibility and Legal Commitment

SportsBaazi is committed to full compliance with the laws of India and implements strict measures to ensure legal and responsible gaming. This includes:

  • IP and Geo-restrictions to prevent access from restricted states.
  • Age verification and KYC in line with regulatory norms.
  • Responsible gaming support to promote user safety and fairness.

SportsBaazi does not offer games of chance or any form of gambling and does not promote wagering or betting on outcomes determined by chance.