HotSports Fantasy Game - A Game of Skill

https://hotsports.io/ offers a fantasy sports game (HotSports Game) that is classified as a game of skill. According to Indian laws, games of skill are not considered gambling. Therefore, the HotSports Game is legal and does not fall under the category of gambling.

Types of HotSports Games

HotSports offers two types of games:

• Free to Play: This version is available to all Indian citizens who currently reside in India.
• Pay to Play: This version is also available to all Indian citizens residing in India, except for residents of Assam, Odisha, and Telangana.

Understanding Indian Gambling Laws

The main law governing gambling in India is the Public Gambling Act of 1867. This law prohibits:

• Gambling in public places.
• Operating a "common gaming house," which is defined as a place where gambling activities take place for the profit of the owner or operator.

State-Specific Gambling Laws

The Constitution of India allows individual states to create their own laws regarding betting and gambling. Many states have their own anti-gambling laws, which generally align with the Public Gambling Act of 1867. These state laws take precedence over the central act.

Games of Skill Exemption

Games of skill, like Cricket, Football and Kabaddi betting, are exceptions to the gambling laws. The HotSports Fantasy Sports Game also qualifies as a game of skill. This is because success in the game depends on:

• Knowledge and research about the sport and players.
• Attention to detail and experience.
• The ability to evaluate players' performance based on specific criteria.

How HotSports Game Requires Skill

When playing the HotSports Fantasy Sports Game, users need to:

• Assess the value of each player based on the scoring system.
• Predict players' performance in upcoming matches.
• Follow HotSports rules to create a strong fantasy team.
• Continuously track and analyze player performances.

Restrictions in Certain States

Residents of certain states are not allowed to participate in the pay-to-play version of HotSports due to unclear laws regarding games of skill. These states are:

• Andhra Pradesh
• Assam
• Odisha
• Telangana
• Nagaland
• Sikkim

As a result, people living in these states cannot join paid contests on hotsports.io

INDIAN LAW ON GAMBLING

The Central Legislation governing gambling in India is the Public Gambling Act of 1867. This act Criminalizes.

1. The act of gambling in a public forum.
2. 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 the profit or gain the person owning, occupying, using or keeping such place whether by the way of charge for the use of gaming, or of the house, or otherwise.

Howsoever, The Constitution of India allows state to make laws on betting and gambling. In furtherance of these powers, various Indian states have enacted anti-gambling legislations. These anti-gambling legislations are mostly in consonance with the Public Gambling Act of 1867 (and include the exception in favor of “games of skill” described below).

Where is state legislation on gambling exists, it prevails over 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, has interpreted the phrase "games of mere skill" to mean games where there is a predominance of skill. In the case of State of Andhra Pradesh V. K. Satyanarayana, AIR 1968 SC 825, the Supreme Court defined a 'game of mere skill' to mean a game "in which, although the element of chance necessarily cannot be entirely eliminated, success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player." By application of this definition, it held that the game of "rummy" was a game of skill, and did not amount to gambling under the Public Gambling Act. The Court reasoned: “Rummy...... requires 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."

In this case, the Supreme Court also upheld the levy of a nominal service charge for provision of a physical space, cards, etc., to play a game of rummy. In the case of K.R. Lakshmanan V. State of, AIR 1996 SC 1153, the Supreme Court held that the betting on horse races was a game of skill. It rationalised that in a horse race the winner is not determined by chance alone, as the condition, speed and endurance of the horse and the skill and management of the rider are factors affecting the result of the race. The better has the opportunity to exercise his judgment and discretion in determining the horse on which to bet.