One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X was an avid fantasy sports player who participated in various online fantasy gaming platforms during the months of November and December. Through his strategic gameplay and knowledge of sports, he managed to win approximately Rs. X amount from these legitimate fantasy gaming platforms. When the winning amount was credited to his savings account with XYZ Bank, he discovered that the bank had marked a lien on his account. Upon inquiry, the bank informed him that the Cyber Cell of City A Police had lodged a complaint regarding this particular transaction. The bank was legally bound to freeze the account pending investigation. Mr.X was shocked as he had no knowledge of any wrongdoing and had simply played fantasy sports, which is considered a game of skill and is legal in most states of India.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Immediately gather all documentation related to your fantasy gaming activities including transaction history, game records, and platform registration details. Contact the Cyber Cell directly to understand the nature of their complaint and provide clarification about the legitimate source of funds. Maintain calm and avoid making any statements without legal counsel present, as anything you say may be used in the investigation.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property, while Section 319 covers cheating by personation. Section 61 of BNS addresses criminal conspiracy if authorities suspect organized illegal gaming. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 106 provides powers for attachment and forfeiture of property during investigation. The Information Technology Act provisions regarding cyber crimes may also be invoked if the platform is suspected of illegal operations. However, fantasy sports based on skill are generally protected under constitutional provisions.

If You Are the Complainant

• File a detailed complaint with supporting evidence if you suspect fraudulent fantasy gaming platforms
• Provide transaction records, communication screenshots, and platform details to investigating officers
• Cooperate fully with the investigation while maintaining records of all interactions with authorities
• Follow up regularly with the investigating officer regarding case progress and provide additional evidence if required
• Ensure that legitimate players are not unnecessarily harassed during the investigation process

If You Are the Victim

• Immediately file an anticipatory bail application if you suspect arrest, as cyber crime cases can lead to custodial investigation
• Compile all evidence proving legitimate gaming activity including platform licenses, skill-based game proof, and transaction legitimacy
• Submit a detailed representation to the investigating officer explaining the legal nature of fantasy sports
• Request immediate release of frozen funds with proper documentation showing legitimate source of income
• File a complaint with banking ombudsman if the bank fails to unfreeze legitimate funds after investigation clearance

How the Police Behave in Such Cases

Cyber Cell typically treats all online gaming-related complaints with suspicion due to recent crackdowns on illegal gambling platforms. They often freeze accounts first and investigate later, causing inconvenience to legitimate players. Officers may not initially distinguish between games of skill and games of chance, requiring detailed explanation of the fantasy sports model. Investigation usually involves scrutinizing the gaming platform’s operations, user patterns, and financial transactions to determine legitimacy.

FAQs People Normally Have

Is fantasy sports legal in India? Yes, fantasy sports are considered games of skill and are legal in most states, though some states have specific restrictions.

Can police freeze my account for legitimate winnings? Police can freeze accounts during investigation if they suspect illegal activity, but must release funds once legitimacy is established.

How long does investigation take? Typically X to Y months, depending on case complexity and evidence provided.

Can I continue playing during investigation? It’s advisable to avoid further gaming activities until the investigation concludes to prevent complications.

What Evidence Is Required?

• Complete transaction history from the fantasy gaming platform showing deposits and winnings
• Screenshots of game participation including team selections and contest entries
• Platform registration details and identity verification documents
• Bank statements showing legitimate source of funds used for gaming
• Platform’s license and legal compliance certificates proving it operates legally
• Communication records with platform customer support if any
• Tax payment receipts if winnings exceed taxable limits

How Long Will the Investigation Take?

Cyber Cell investigations typically take X to Y months depending on the complexity of the case and cooperation from all parties involved. Simple cases with clear evidence of legitimate gaming may be resolved within X months, while complex cases involving multiple platforms or large amounts may take longer. The timeline also depends on the workload of the investigating agency and the quality of evidence provided by both parties.

Advocate Sudhir Rao, Supreme Court of India