The Promotion And Regulation Of Online Gaming Act, 2025
Contents
Chapter I — Preliminary
1.(1) This Act may be called the Promotion and Regulation of Online Gaming Act, 2025.
(2) It extend s to the whole of India and also appl ies to online money gaming service offered within the territory of India or operated from outside the territory of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires, ––
(a) “advertisement” shall have the meaning as assigned to it in the Consumer Protection Act, 2019;
(b) “Authority” means an Authority constituted under section 8;
(c) “e-sport” means an online game which ––
(i) is played as part of multi -sports events; (ii) involves organised competitive events between individuals or teams, conducted in multiplayer formats governed by predefined rules; (iii)is dul y recognised under t he National Sport s Governance Act, 20 25, and register ed with t he Authorit y or agency under section 3; (iv)has outcome determined solely by factors such as physical dexterit y, mental agility, strategic thinking or other similar skills of users as players;
(v)may include payment of registration or participation fees solely for the purpose of entering the competition or covering administrative costs and may include perform ance-ased prize money by the player; and (vi)shall not involve the placing of bets, wagers or any other stakes by any person, whether or not such person is a participant, including any winning out of such bets, wagers or any other stakes;
(d)“internet ” means t he combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that transmits information based on a protocol for controlling such transmission;
(e) “notification” means a notifi cation published in the Official Gazette and the term “notify” shall be construed accordingly;
(f) “online game” means any game, which is played on an electronic or a digital device and is managed and operated as a software through the internet or any othe r kind of technology facilitating electronic communication;
(g) “online money game” means an online game, irrespective of whether such game is based on skill, chance, or both, played by a user by paying fees, depositing money or other stakes in expectation of winning which entails monetary and other enrichment in return of money or other stakes; but shall not include any e -sports;
(h) “online money gaming service” means a service offered by a person for entering or playing the online money game;
(i)“online social game” means an online game which —
(i) does not involve staking of money or other stakes or participation with the expectation of winning by way of monetary gain in return of money or other stakes; Definitions. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
Recognition and promotion of e-sport. (ii) may allow access through payment of a subscription fee or one-time access fee, provided that such payment is not in the nature of a stake or wager; (iii) is offered solely for entertainment, recreation or skill-development purposes; and (iv) is not an online money game or e -sport;
(j) “other stakes” means anything recognised as equivalent or convertible to money and includ es credits, coins, token or objects or any other similar thing, by whatever name called and whether it is real or virtual, which is purchased by paying money directly or by indirect means or as part of, or in relation to, an online game;
(k) “person” inclu des—
(i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm;
(v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub -lauses;
(l) “prescribed” means prescribed by rules made under this Act;
(m) “user” means any person who accesses or avails online game.
(2)Words and expressions used but not defined in this Act but defined in the Information Technology Act, 2000 and rules made thereunder shall have the same meaning as respectively assigned to them in that Act and the said rules.
Chapter Ii — Development And Recognition
3.(1) The Central Government shall take steps as it considers necessary to recognise and register e-sports with the Authority or agency, as the case may be, as a legitimate form of competitive sport in India and to promote and develop e-sports.
(2)Without prejudice to the generality of sub-section (1), such steps may include—
(a) formation of guidelines and standards for the organisation and conduct of e -sports events;
(b) establishment of training academies, research centres and other institutions dedicated to advancement of e -sports;
(c) introduction of incentive schemes, awareness campaigns and public outreach programmes to encourage innovation and establishment of new enterprises to create e -sport technology platforms;
(d) coordination with State Governm ents and recognised sporting federations for integration of e -sports within broader sporting policy initiatives; and
(e) such other measures which are necessary to promote the sector , as may be prescribed. 21 of 2000. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
4. (1) The Central Government shall take steps as it considers necessary to recognise, categorise and register online social games with the Authority or agency, as the case may be, and facilitate the development and availability of online social games for recreational and educational purposes.
(2)Without prejudice to the generality of sub -section ( 1), such steps may include —
(a) creation of mechanism for the registration of online social games;
(b) creation of platforms or programmes to support the development and distribution of online social game s;
(c) supporting initiatives aimed at increasing public access to safe and age-appropriate social gaming content;
(d) undertaking awareness programmes to highlight the positive use of social games for recreation, skill -development and digital literacy;
(e) coordination with State Governments and educational or recreational institutions for promotion of social gaming as part of broader digital engagement strategies; and
(f) such other measures which are necessary to promote the sector , as may be prescribed.
Chapter Iii — Prohibition
5. No person shall offer, aid, abet, induce or otherwise indulge or engage in the offering of online money game and online money gaming service.
6. No person shall make, cause to be made, aid, abet, induce, or otherwis e be involved in the making or causing to be made any advertisement, in any media including electronic means of communication, which directly or indirectly promotes or induces any person to play any online money game or indulge in any activity promoting on line money gaming.
7. No bank, financial institution, or any other person facilitating financial transactions or authorisation of funds shall engage in, permit, aid, abet, induce or otherwise facilitate any transaction or authorisation of funds towards pay ment for any online money gaming service.
Chapter V — Offences And Penalties
9.(1) Any person who offers online money gaming service in contravention of section 5 shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one crore rupees or with both.
(2) Any person who makes or ca uses to make advertisement in any media, in contravention of section 6, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty lakh rupees or with both.
(3) Any person who engages in any transact ion or authorisation of funds in contravention of section 7 shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one crore rupees or with both.
(4) If any person convicted of an offence under sub -section ( 1) or sub-section ( 3) is again convicted of an offence under the same provision, he shall be punished with imprisonment for the second and for every subsequent offence for a term which shall not be less than thr ee years, but may extend to five years and shall also be liable to fine which shall not be less than one crore rupees, but may extend to two crore rupees.
(5) If any person convicted of an offence under sub -section ( 2) is again convicted of an offence unde r the same provision, he shall be punished with imprisonment for the second and for every subsequent offence for a term which shall not be less than two years, but may extend to three years and shall also be liable to fine which shall not be less than fift y lakh rupees, but may extend to one crore rupees. 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
46 of 2023. 21 of 2000. 10. Notwithstanding anything contained in the Bharatiya Nag arik Suraksha Sanhita, 2023, offences under section 5 and section 7 shall be cognizable and non-bailable.
11. (1) Where an offence has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of that part of the business of the company as well as the company, shall be liable to be proceeded against and punished accordingly.
(2) Nothing contained in sub -section ( 1) shall render any such person liable to be proceeded against and punished accordingly under this Act, if he proves that the offence was comm itted without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by a company and it is proved th at the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub -section shall hold an independent director or a non -executive director of a company who is not involved in the actual decision making, liable for such offence. Explanation .—For the purposes of this section, the expressions —
(a) “company” means a body corporate, and includes —
(i) a firm; and (ii) an association of persons or a body of individuals whether incorporated or not; and
(b) “director” , in relation to —
(i) a firm, means a partner in the firm; (ii) any association of persons or a body of individuals, means any member controlling its affairs thereof.
12. (1) Any person who fails to comply with any direction or order iss ued by the Central Government or the Authority or agency under sub -section ( 3) of section 8 shall be liable to penalty which may extend to ten lakh rupees or may include suspension or cancellation of registration, and prohibition from offer ing, facilitating or promoting such games for such period as may be determined by the Central Government or the Authority.
(2) No action under sub -section ( 1) shall be taken without giving an opportunity of being heard.
Chapter Vi — Miscellaneous
13.Every p erson shall comply with any direction issued by the Central Government in relation to online money gaming services.
14. In case of failure to comply with the provisions of section 5, section 6 and section 7, notwithstanding anything contained in this Act or in section 69A of the Information Technology Act, 2000, any information generated, transmitted, received or hosted in any computer resource in relation to online money gaming service shall be liable to be blocked for access by the public in such man ner as provided in that Act. Cognizance of offences. Offences by companies . Non-compliance by any other person . Compliance with direction of Central Government . Blocking of online money gaming service. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
Power to investigate offences. Search and seizure of property . Protection of action taken in good faith . Act not in derogation of any other law. Power of Central Government to make rules. 15. Notwithstanding anything contained in this Act or in any other law for the time being in force, the Central Government may, by notification, authorise any officer or class of officers of the Central Government, Authority or State Government to exercise t he powers of investigation in respect of offences under this Act.
16. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, any officer authorised under section 15 may enter any place, whether physical or digi tal, and search and arrest without warrant any person found therein who is reasonably suspected of having committed or of committing or of being about to commit any offence under this Act.
(2) Where any person is arrested under sub -section ( 1) by an office r other than a police officer as referred to in sub -section ( 1), such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer -in-charge of a police station.
(3) The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall, subject to the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest made under this section. Explanation .—For the purposes of this section, “any place” shall include any premises, building, vehicle, computer resource, virtual digital space, electronic records or electronic storage device and the officer may, if necessary, gain access to such computer resource, virtual digital space, e lectronic records or electronic storage device by overriding any access control or security code, where such code thereof is not available.
17. No suit, prosecution or other legal proceedings shall lie against the Central Government or the Authority or any officer of the Central Government or any member, officer or other employees of the Authority for anything which is done in good faith or intended to be done under this Act or the rules made thereunder.
18. The provisions of this Act shall be in addition to, a nd not in derogation of the provisions of any other law for the time being in force and in case of any inconsistency of this Act with any other Act, the provisions of this Act shall, to the extent of such inconsistency, have overriding effect over any such Act .
19. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power s, such rules may provide for all or any of the following matters, namely: ––
(a) such o ther measures as may be necessary to promote the sector relating to e -sports under clause ( e) of sub -section ( 2) of section 3;
(b) such other measures as may be necessary to promote the sector relating to online social gaming under clause ( f) of sub -section ( 2) of section 4;
(c) the manner of recognising, categorising and registering online games under clause ( b) of sub -section ( 2) of section 8;
(d) such other powers and functions relating to powers of the Authority or agency under clause (c) of sub -section ( 2) of section 8 ;
(e) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules. 46 of 2023. 46 of 2023. 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) Every rule made by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifi cation in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejud ice to the validity of anything previously done under that rule.
20. (1) If any difficulty arises in giving effect to any provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may be necessary or expedient for removing the difficulty.
(2) No order under sub -section ( 1) shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(3) Every order made und er this section shall, as soon as may be after it is made, be laid before each House of Parliament.
