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Issues: Whether the fantasy sports platform's activities constituted a game of mere skill and therefore fell outside the penal provisions of the Public Gambling Act, 1867, and whether criminal law should be set in motion against the respondent company.
Analysis: The governing test was whether success depended substantially on skill or whether chance predominated. The Court relied on the settled principle that a game is one of mere skill when skill has a substantial or preponderant role, even if an element of chance is present. Applying that test, the Court accepted that fantasy sports participation requires users to assess player statistics, form, conditions, selection constraints, scoring rules, captain and vice-captain choices, and team composition within a budget, all of which call for knowledge, judgment, attention, and adroitness. On that basis, the Court held that the respondent's fantasy sports game was not a game of chance or gambling. The Court further held that the respondent was exempt from the penal provisions by virtue of the statutory exception for games of mere skill.
Conclusion: The fantasy sports activities were held to be games of mere skill and not gambling, so no direction was warranted to initiate criminal proceedings against the respondent company.
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