Fantasy Sports And The Law: Is Dream11 A Legal Wagering Contract In India?

Arjun H B, National Law School of India University

ABSTRACT

The paper titled "IPL and Wagering" investigates the intersection between fantasy sports apps, such as Dream11, and wagering, exploring the thin line that separates skill-based gaming from gambling. This analysis is crucial given the growing popularity and legal scrutiny of fantasy sports platforms in India. The paper critically examines how platforms like Dream11, often categorized as fantasy sports, embody characteristics of wagering and gambling. It delves into the historical context and legal frameworks governing wagering and gambling, highlighting the distinctions and overlaps between these activities. The Indian Contract Act of 1872, particularly Section 30, and various state-level gaming acts are scrutinized to understand how wagering is treated under Indian law. The paper further explores judicial interpretations that have consistently deemed fantasy sports as games of skill rather than chance, thereby exempting them from gambling prohibitions. A significant portion of the paper is devoted to analyzing Dream11’s business model, arguing that it should be considered a form of gambling due to its reliance on elements of chance. It critiques the judicial stance that has repeatedly favored fantasy sports apps, suggesting that these decisions overlook the evolving nature of gambling and its modern digital avatars. The author supports this argument with field surveys, revealing public perception of fantasy sports as a form of betting. The paper concludes by calling for a reassessment of current legal interpretations to reflect the true nature of fantasy sports and protect individuals from potential financial harm. It emphasizes the need for a pragmatic approach that considers the socio- economic impact of such platforms and advocates for more stringent regulations to curb the spread of gambling disguised as skill-based gaming.