Research and Articles

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• The Promotion and Regulation of Online Gaming Bill, 2025 passed in Lower House and Upper House of Parliament in quick succession, with no prior industry notice or consultation.

• All forms of online real money games, whether games of skill or chance, to be banned.

• Ban on advertising and facilitating financial transactions for online real money gaming services.

• Offshore gaming operators subject to blocking orders on broad grounds.

• Regulatory authority responsible for the promotion, recognition, and registration of e-sports and online social games to be set up.

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Introduction 

India’s lower house of Parliament on August 20, 2025, followed by the Upper House of Parliament on August 21, 2025, passed the Promotion and Regulation of Online Gaming Bill, 2025 (“Online Gaming Bill”), which could be notified into law within the next three months.¹ The legislation proposes to introduce a blanket ban on online real-money gaming, encompassing both skill-based and chance-based games. The Online Gaming Bill was introduced as a central law to purportedly address inconsistent approaches by various States on games of chance versus skill and ambiguity in enforcement created by complex monetization models like in-app purchases, virtual currencies etc.²

India’s gaming market is valued at USD 3.8 billion and is projected to reach USD 9.2 billion by 2029, employing over 130,000 skilled professionals.³

In essence, the Online Gaming Bill represents a surprising and unforeseen push whose ramifications seem to extend far beyond its stated protective aims, that could hamper India’s emergence as a global hub for digital entertainment and innovation. Instead of adopting an outright ban on games of chance, and regulating games of skill that pose minimal social or financial risks, the Government has proposed an outright ban on all games of skill and chance played for stakes.⁴

This article examines the key provisions of the Online Gaming Bill, highlights ambiguities and inconsistencies within them, and analyses potential legal challenges, including their interplay with existing laws and relevant jurisprudence.

Applicability 

The Online Gaming Bill extends to the whole of India and to online money gaming services offered within India or operated from outside India.⁵ The Online Gaming Bill hence applies to e-sports, online money games and online social games offered by Indian operators to users in India, as well as to non-Indian operators that may offer or make available online money games to users in India.

E-sports and online social game products are not banned

Classification of Games 

The Online Gaming Bill prescribes three categories of online games⁶, namely (1) e-sports; (2) online social games; and (3) online money games, of which the first two are regulated and the third is banned.

1. E-Sports

An “e-sport”⁷ is played as part of a multi-sport event⁸, involving organised competitive events in multiplayer formats with predefined rules.⁹ An E-sport an online game which is recognised under the National Sports Governance Act, 2025 and registered with the body constituted / designated by the Central Government to perform functions including recognizing and categorizing online games¹⁰ (Gaming Authority)¹¹. It may include registration fees only for the purpose of entering the competition or administrative costs and may include performance-based prize money.¹² The outcome in an e-sport must be determined solely by factors such as physical dexterity, mental agility, strategic thinking or other similar skills.¹³

Performance-based prize money is permitted for e-sports, though placing of bets, wagers and other stakes¹⁴ including winnings is not permitted. 

Games in genres like multiplayer online battle arena, first-person shooter, and football simulation, when played in organised multi-sport competitive events in accordance with the prescribed criteria, should qualify as e-sports. As opposed to games where there may be a certain element of chance, such as card-based games or dice-based games, e-sports require that the outcome be solely determined by the identified skill parameters. This is different from earlier requirements in classification of skill-based games which required that a game be predominantly skill-based.

The Online Gaming Bill empowers the Central Government to take necessary steps to register e-sports with the Gaming Authority and to recognize and promote e-sports as a legitimate form of competitive sport in India.¹⁵ These promotional measures may include formulation of guidelines and standards for conducting e-sports¹⁶, establishment of institutions for the advancement of e-sports such as training academies, research centres¹⁷, introduction of awareness campaigns, incentive schemes to encourage innovation and establishment of e-sports technology platforms¹⁸, and coordination with State Governments and sporting federations for the integration of e-sports within broader sporting policy initiatives¹⁹. Registration of an e-sport is not mandatory. An online game, meeting the criteria of an e-sport will still be considered legal to offer, though if not registered it may not be entitled to the schemes and promotions available as set out above.

2. Online Social Game

An “online social game”²⁰ is any game which does not involve staking of money or “other stakes” or participation with an expectation of winning of money or “other stakes”.²¹ It may work on a subscription model or one-time access fee model, provided that such payment is not in the nature of a stake or wager.²² An online social game may solely be offered for the purpose of entertainment, recreation or skill development.²³  The definition of an online social game specifically excludes online money games and e-sports.²⁴

With respect to a game offering in-game purchases such as skins, add-ons, features, map packs etc., it will still likely be classified as an online social game since the payment for purchases of such digital goods or services within the game is not with the expectation of winning monetary returns, and there is no link between winning, and the money paid. However, this will need to be examined on a case-to-case basis to determine the classification of the online game.

The Central Government is also empowered to take steps to recognise, categorise and register online social games with the Gaming Authority and facilitate their development and availability.²⁵ The government may create a mechanism for registration of online social games²⁶, create platforms to support their development and distribution²⁷, take initiatives to increase public access to safe and age-appropriate social gaming content²⁸, undertake awareness programmes to highlight the positive side of social games for recreation, skill development and digital literacy²⁹ and coordinate with State Governments and educational/ recreational institutions to include social gaming as broader digital engagement strategy³⁰ etc. 

While the mechanism for registration of online social games is yet to be prescribed, it remains unclear whether such registration will apply to a specific category of a games, such as Ludo, Chess, Sudoku etc., or whether each operator offering such game will require a separate registration for their offering. It is also unclear if independent games developed by different operators with identical formats will require separate registrations. Further, the present provisions do not clarify whether variations, iterations and feature updates to an existing registered game would require a new separate registration. Ideally, there should not be a new registration requirement so long the iteration does not alter the substance of the game, and it continues to fall within the definition of an online social game.

It also appears that educational games such as quizzes, polls (e.g., Kahoot), coding hackathons and other immersive, interactive, and gamified learning exercises, and experiences and courses offered on edtech platforms could also be subject to the registration requirement. 

A strict per-game or per-iteration registration requirement could create compliance burdens and impede the development of educational or recreational platforms. Conversely, a more flexible model - tying registration to categories of games could balance regulatory oversight with ease of compliance.

Further, registration does not appear to be mandatory, however, akin to e-sports, an online social game must be registered in order to avail the initiatives and schemes offered by the government to promote the development and accessibility of online social games, as set out above.

3. Online Money Game

An “online money game” is a game (irrespective of whether a game of skill or chance or both) played by paying fees or other stakes in expectation of winning monetary and other enrichment in return of money or other stakes. The definition of an online money game specifically excludes e-sports.³¹

Since the definition of “online money game” encompasses both games of skill and games of chance, the definition goes against established jurisprudence which specifically tests games based on whether the game preponderantly involved skill or chance³², and clarified that games of skill are protected under Article 19(1)(g) of the Constitution i.e., the fundamental right to practice any profession or carry out any occupation.

“Other stakes” mean anything recognised as equivalent, or convertible to money and may include credits, coins, tokens etc. in real or virtual form purchased by paying money directly or indirectly as a part of an online game.³³ Winnings in the form of tokens, which are not redeemable for real money, but which may be used to play other games, or purchase in-game items, which would otherwise be available for purchase using real money, may constitute other stakes. Accordingly, such games may be considered online money games.

Authority on Online Gaming

The Online Gaming Bill empowers the Central Government to constitute the Gaming Authority³⁴ to: (i) determine whether an online game is an online money game, (ii) recognize, categorise and register online games³⁵; (iii) respond to complaints on online games³⁶; and (iv) perform other functions and powers as may be prescribed by the Central Government³⁷.

The broad power of the Central Government to empower the Gaming Authority to perform any other prescribed functions could create an open-ended delegation, raising concerns of excessive discretion. 

The Gaming Authority may also respond to user complaints on online games which are "prejudicial to the interest of users”. This is a vague term and may include a host of concerns, including issues of misleading advertisements, addictive design, financial harm etc. There is no guidance on the nature of such complaints. 

Prohibition

The Online Gaming Bill sets out the following prohibitions:

• Online money games: Offering online money games, or their aiding, abetment or inducement³⁸.

• Advertisement of online money games: Aiding, abetting, inducing, or being involved in the making of, or causing to be made, any advertisements promoting online money gaming³⁹

• Transactions for online money games: Banks, financial institutions, and other facilitators of financial transactions are prohibited from aiding, abetting, inducing or otherwise facilitating financial transactions for payment or fund authorisations for online money gaming services⁴⁰.

Interplay of the Online Gaming Bill with State Gaming Laws:

State Governments are empowered to legislate on betting and gambling under Entry 34 of the Second List of the Seventh Schedule to the Indian Constitution.⁴¹ Most Indian States have either adopted the Public Gaming Act, 1867 or enacted State-specific legislations to regulate gaming and gambling activities, including online gaming activities (“State Gaming Enactments”). As betting and gambling fall exclusively within the purview of the State’s legislative competence, an attempt to ban betting and gambling under the Online Gaming Bill would overstep constitutional limits. Even if the Union were to argue that such prohibition can be anchored in entries of the Union List relating to communication, trade or currency regulation, the doctrine of pith and substance requires courts to look at the true nature and character of the legislation. In pith and substance, the Online Gaming Bill is directed at regulating and prohibiting betting and gambling, a subject squarely within the domain of the States under Entry 34 of the State List.

The State Gaming Enactments read with the case laws make an exception for games of skill or preponderantly of skill and are hence permitted to be offered in most Indian States. For example, the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 provides for the registration of local online game providers⁴² and the offering of online games of skill. States such as Nagaland, Sikkim and Meghalaya have introduced a licensing regime for online games of skill.

States have argued that they are competent to regulate online games of skill under the following entries under the Second List of the Seventh Schedule:

• Entry 1 (Public order)

• Entry 6 (Public health)

• Entry 26 (Trade and commerce)

• Entry 33 (Sports, entertainment and amusements)

Courts have recognized the power of State governments to introduce regulations on online skill-based games under such entries.⁴³ Further, in response to bans from State governments (such as Tamil Nadu and Karnataka) on games of skill, courts have repeatedly held that such blanket bans are unconstitutional, and the State must implement regulatory measures to control and regulate the impact of such online games, such as through introduction of black-out hours, limitations on age, monetary threshold etc.⁴⁴

The Online Gaming Bill prohibits online money gaming, which include games of skill. Hence, there is a conflict in the operation of the Gaming Enactments and the Online Gaming Bill.

It appears that the Online Gaming Bill has been introduced under the following entries to the Union List of the Seventh Schedule.⁴⁵

• Entry 31 (Wireless, broadcasting and other forms of communication)

• Entry 36 (Currency, legal tender, foreign exchange)

• Entry 41 (Trade and commerce with foreign countries, and import and export across custom frontiers)

• Entry 42 (Inter-State trade and commerce)

• Entry 52 (Industries, the control of which by the Union is declared by the Parliament by law to be expedient in the public interest)

It may be contended that the blanket prohibition on online games of skill under the Online Gaming Bill is inconsistent with the well-established statutory and constitutional treatment of such games. State Gaming Enactments expressly carve out an exception for games of skill, and this exception has been repeatedly upheld by constitutional courts, which have recognised skill-based gaming. A central prohibition would therefore run contrary to this judicially affirmed framework and risk encroaching upon the domain of State legislations.

The Supreme Court of India, in the case of R.M.D Chamarbaugwalla & Anr. v Union of India & Anr.⁴⁶, recognized that offering games of skill is a protected activity under the Article 19 (1) (g) Constitution i.e. freedom to practice any profession, or to carry on any occupation, trade or business.

Aside from legislative competence, the prohibition on skill-based gaming may also be subject to the following constitutional challenges:

1. Violation of Article 19(1)(g) (Right to Practice Any Profession, Occupation, Trade, or Business): Article 19(1)(g) of the Constitution guarantees the right to practice any profession or to carry on any trade or business, subject to reasonable restrictions under Article 19(6). Such restrictions must be justified on grounds of public order, public health, morality, or must otherwise satisfy the test of proportionality. A blanket prohibition on offering or advertising online games of skill, appears to go beyond these permissible grounds. By treating skill-based games at par with gambling activities, the restriction goes against settled judicial recognition that games of skill constitute a legitimate business activity. Importantly, less restrictive regulatory measures - such as monetary thresholds, age restrictions, responsible gaming frameworks, or technological safeguards - are available to address potential harms and could be prescribed, rather than a blanket ban. Hence, it could be argued that the ban may not meet the standard of a reasonable restriction to the fundamental right to carry on a lawful profession or trade.

2. Violation of Article 14 (Equality Before the Law): The blanket prohibition on online games of skill and chance, despite judicial recognition that skill-based games are distinct from gambling, creates an inconsistency wherein offline skill-based games are permissible while their online equivalents are banned. This irrational nexus between functionally similar activities, could fail to meet the test of non-arbitrariness required under Article 14. 

3. Violation of Article 19(1)(a) (Freedom of Speech and Expression): Online money games may serve as a medium for players to express their opinions and engage in speech. The Karnataka High Court, while adjudicating on the constitutionality of certain provisions of the Karnataka Police (Amendment) Act, 2021 which prohibited offering games of skill for stake, struck down the ban, and held as follows:
   “…, placing an absolute embargo on this may take away any positive development and benefit that the State may be able to achieve by otherwise balancing the competing interests of the society and the individual. It may be said that while the State has a vested and legitimate interest in the protection of its citizenry, the individual too has a vested right to partake in the recreation of gaming in exhibition of individual skills albeit responsibly. Therefore, a regulation in this regard ought to include technological solutions in the field, in order to better enable a safe and responsible gaming behavior & environment. The integration of data science & governance, corporate social responsibility and individualized responsible gaming programs and/or other regulations may allow legal development to keep pace with technological advancement.”⁴⁷

Offences, Penalties, Search and Seizure

Penalties for contravention⁴⁸

Contravention	Penalty
Offering, aiding, abetting, inducing or otherwise engaging in offering an online money game and online money gaming service.	Imprisonment for a term which may extend up to 3 years or with fine which may extend upto approx. USD 115,000.49 Subsequent offences may be punishable with imprisonment upto 5 years and with fines upto USD 230,000.50
Making, aiding, abetting, inducing or otherwise being involved in making an advertisement which promotes any online money game, or indulging in any activity promoting online money gaming.	Imprisonment for a term which may extend upto 2 years or with fine which may extend upto USD 57,500.51 Subsequent offences may be punishable with imprisonment upto 3 years and with fines upto USD 115,000.52
Facilitating financial transactions towards payment for any online money gaming service	Imprisonment for a term which may extend upto 3 years or with fine which may extend upto approx. USD 115,000.53 Subsequent offences may be punishable with imprisonment upto 5 years and with fines upto USD 230,000.54

 

The Online Gaming Bill provides for any authorized officer⁵⁵ to enter any place and arrest any person who is reasonably suspected of: (i) having committed an offence; (ii) of committing an offence; or (iii) being about to commit an offence, without a warrant.⁵⁶ These powers are notwithstanding the provisions of the Bhartiya Nyaya Sanhita, 2023 (BNS).

Since the powers of the authorized officers are notwithstanding the provisions of the BNS, this leaves scope for authorized officers to circumvent the procedural safeguards to be followed for arrests without warrants. While there are certain legislations that provide additional powers to arrest without warrant such as the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Prevention of Money Laundering Act, 2002, these legislations deal with more sensitive subject matter than the Online Gaming Bill. This provision is very vague and broad and is a significant departure from similar regulations of this nature regulating commercial activities and may result in disproportionate intrusions into privacy, circumvention of procedural safeguards, and abuse of arbitrary powers of arrest, which are in violation of Article 21 of the Constitution i.e., the fundamental right to life and personal liberty.

Blocking of Online Money Gaming Services

In the event of the contraventions detailed above, the Online Gaming Bill provides for the blocking of information related to online money gaming, and these powers are: (i) notwithstanding the limited grounds for blocking under Section 69A of the Information Technology Act, 2000 (“IT Act”) (such as in the interest of sovereignty and integrity of India, defence of India, security of State etc.); and (ii) to be exercised in the manner as set out in ‘that Act’.⁵⁷

The reference to “that Act” appears to be to the IT Act. Since the blocking orders to be issued under Section 14 are notwithstanding the grounds under Section 69A of the IT Act, the grounds could be broader under the Online gaming Bill. We are of the view that blocking under Section 14 of this bill and Section 69A of the IT Act are separate blocking mechanisms. Accordingly, online game operators, banks, financial institutions, intermediaries, may be subject to takedown notices under Section 14 of the Online Gaming Bill, and Section 69A of the IT Act. However, since the blocking procedure is to be exercised in the ‘manner’ under the IT Act, procedural safeguards could be followed as issued under the IT Act.

The procedure and safeguards for blocking of information under the IT Act is governed under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 (“Blocking Rules 2009”). The Blocking Rules 2009 require the designated officer to identify the originator of the information to be blocked and offer them an opportunity to be heard before the examination committee.⁵⁸ The Blocking Rules also provide for procedure for issuance of blocking orders and periodic review of blocking orders by a Review Committee.⁵⁹ It is unclear whether the procedural safeguards set out under the Blocking Rules would be applicable to blocking under Section 14 of the Online Gaming Bill or whether separate procedure and safeguards will be notified under the Online Gaming Bill.

Furthermore, it is unclear which authority may issue blocking orders under this provision, i.e., whether it would be the Gaming Authority, or the Ministry of Electronics and Information Technology (“MeitY”), leaving additional scope for ambiguity. Since Section 8 of the Online Gaming Bill provides for the Central Government to prescribe other powers to be vested in the Gaming Authority, the Gaming Authority could potentially be responsible for issuing blocking orders.

The provision also covers blocking for access by the public “any information generated, transmitted, received or hosted … in relation to online money gaming service.” However, in respect of blocking orders prompted by contraventions of Section 7 (which prohibits facilitation of financial transactions for payments for online gaming services), it is unclear whether this would extend to payment gateways, processors and technology service providers (such as that of APIs to online merchants) as their content or service is a private technology and commercial arrangement with the merchant and not necessarily accessible to the public at large. 

Tax Considerations

Presently winnings from online games are taxed under Section 115BBJ of the Income-tax Act, 1961⁶⁰ (“ITA”) at a flat 30% (plus surcharge and cess), with mandatory withholding under Section 194BA, while the 2023 Goods and Service Tax (“GST”) amendments imposed a 28% levy on the full value of deposits for “online money gaming.” 

With the 2025 Bill banning real-money games, the operational base of both direct and indirect tax provisions contracts significantly, resulting in an estimated USD 2,300,000 annual revenue shortfall that will be felt at both Central and State levels. However, these tax provisions continue to apply to permitted categories such as e-sports, social and educational games, which the Bill explicitly seeks to promote. Accordingly, the Government should ensure that the tax regime is aligned with the promotional objectives of this bill.

Conclusion

Objectives: The Online Gaming Bill represents a pivotal moment in the regulation of India’s burgeoning online gaming ecosystem. On paper, the Online Gaming Bill’s preamble acknowledges the employment generation and innovation potential of the sector, recognizing its role in fostering digital entrepreneurship and creative technology industries. Yet, the proposed sweeping ban on real-money gaming, encompassing both skill-based and chance-based games, may not be completely aligned with objectives despite the Government citing legal, social, financial and security threats posed by unregulated online money gaming.⁶¹

Consultation: Notably, the Online Gaming Bill’s introduction appears to not follow the Pre-Legislative Consultation Policy⁶², which mandates that a draft legislation be placed in the public domain for at least 30 days before introduction to the Parliament. This procedural bypass raises questions about the robustness and inclusivity of the legislative process, especially for a sector of such economic and social significance. Further, this specifically deviates from the procedure followed for other regulations in the technology and digital media space such as introduction of the new data protection law (Digital Personal Data Protection Act, 2023), intermediary rules under the IT Act, etc.

Constitutionality: Despite the government justification for the introduction of the Online Gaming Bill, the Online Gaming Bill may not satisfy the tests of proportionality⁶³ including whether: (i) the ban of online money games is connected to the purpose of the regulation; (ii) there are no alternative and less invasive measures to achieve the regulatory goal; and (iii) there is a proper relation between limiting rights of persons and achieving the regulatory goal, and the Online Gaming Bill may accordingly be challenged before judicial fora in India.

FDI: Global investors have invested approximately USD 2.8 billion into the Indian real money gaming market in the last 5 years.⁶⁴ Global investors are attracted to India’s large consumer base with - million people having smartphones with an internet connection, but also to a certain amount of regulatory certainty and comfort, such as various High Courts⁶⁵ affirming certain gaming formats as legal, and which positions have not been overturned by the Supreme Court. The Central Government appears to have taken matters into its own hands from the States and High Courts and the bill could have a drastic long-term impact on the operators in the industry as well on their investors who may potentially have to write-off the billions of dollars invested in the industry. Real money gaming operators would be forced to pivot to e-sports and social gaming (which remain legal but traditionally generate lower revenues), relocating operations to jurisdictions with clearer regulatory frameworks, or waiting for legal challenges to potentially overturn the ban.

Ironically, while the Online Gaming Bill is framed as a protective measure, it could push a large part of the nearly 600 million Indian gamers⁶⁶ (accounting for about one-fifth of the global gamers market) towards overseas platforms operating beyond regulatory oversight. This could deprive the Indian Government of revenue through taxes and more importantly lure Indian gamers to offshore operators (with less or no regulatory oversight), that engage in practices, creating the very problems the Online Gaming Bill aims to solve.

 

Authors

Technology, Media and Gaming Law Team

You can direct your queries or comments to the relevant member.

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¹‘Gaming ban puts lakhs of jobs in uncertainty’, Mint (August 20, 2025), accessible at https://www.livemint.com/news/india/gaming-ban-puts-lakhs-of-jobs-in-uncertainty-11755693261432.html [last accessed on August 21, 2025]

²Clause 4.7, Draft Note for the Cabinet, Proposal for introduction of The Promotion and Regulation of Online Gaming Bill, 2025, No. CLDG/13/2024 CL & DG, Ministry of Electronics and Information Technology

³‘India’s online gaming sector may cross $9 billion by 2029: Report’, The Economic Times (March 19, 2025), accessible at https://economictimes.indiatimes.com/tech/technology/indias-online-gaming-sector-may-cross-9-billion-by-2029-report/articleshow/119209014.cms?from=mdr [last accessed on August 21, 2025]

⁴‘Gaming not just play, it is livelihood’ E-sports Players Association writes to PM Modi, flags concerns on Online Gaming Bill’, The Tribune (August 21, 2025), accessible at https://www.tribuneindia.com/news/business/gaming-not-just-play-it-is-livelihood-e-sports-players-association-writes-to-pm-modi-flags-concerns-on-online-gaming-bill/ [last accessed on August 21, 2025]  

⁵Section 1 (2), Online Gaming Bill

⁶Section 2 (f), Online Gaming Bill. “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 other kind of technology facilitating electronic communication

⁷Section 2 (c), Online Gaming Bill

⁸Section 2 (c) (i), Online Gaming Bill

⁹Section 2 (c) (ii), Online Gaming Bill

¹⁰Section 2 (c) (iii), Online Gaming Bill

¹¹See ‘Authority on Online Gaming’ below

¹²Section 2 (c) (v), Online Gaming Bill

¹³Section 2 (c) (iv), Online Gaming Bill

¹⁴Section 2 (c) (vi), Online Gaming Bill

¹⁵Section 3 (1), Online Gaming Bill

¹⁶Section 3 (1) (a), Online Gaming Bill

¹⁷Section 3 (1) (b), Online Gaming Bill

¹⁸Section 3 (1) (c), Online Gaming Bill

¹⁹Section 3 (1) (d), Online Gaming Bill

²⁰Section 2 (i), Online Gaming Bill

²¹Section 2 (i) (i), Online Gaming Bill

²²Section 2 (i) (ii), Online Gaming Bill

²³Section 2 (i) (iii), Online Gaming Bill

²⁴Section 2 (i) (iv), Online Gaming Bill

²⁵Section 4 (1), Online Gaming Bill

²⁶Section 4 (1) (a), Online Gaming Bill

²⁷Section 4 (1) (b), Online Gaming Bill

²⁸Section 4 (1) (c), Online Gaming Bill

²⁹Section 4 (1) (d), Online Gaming Bill

³⁰Section 4 (1) (e), Online Gaming Bill

³¹Section 2 (g), Online Gaming Bill

³²State of Andhra Pradesh v. K. Satyanarayana 1968 AIR 825

³³Section 2 (j), Online Gaming Bill

³⁴Section 8 (1), Online Gaming Bill

³⁵Section 8 (2) (b), Online Gaming Bill

³⁶Section 8 (5), Online Gaming Bill

³⁷Section 8 (2) (c), Online Gaming Bill

³⁸Section 5, Online Gaming Bill

³⁹Section 6, Online Gaming Bill

⁴⁰Section 7, Online Gaming Bill

⁴¹Entry 34, List II, Schedule VII, Constitution of India

⁴²Section 10 (1), The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022

⁴³Play Games 24*7 Private Limited v. State of Tamil Nadu, W.P.Nos.6784 of 2025:

⁴⁴All India Gaming Federation vs. The State of Tamil Nadu and Ors. (09.11.2023 - MADHC) :MANU/TN/6278/2023;

⁴⁵Clause 4.6, Draft Note for the Cabinet, Proposal for introduction of The Promotion and Regulation of Online Gaming Bill, 2025, No. CLDG/13/2024 CL & DG, Ministry of Electronics and Information Technology

⁴⁶R.M.D Chamarbaugwala v. Union of India & Anr. 1957 AIR 628

⁴⁷All India Gaming Federation and Ors. v. State of Karnataka and Ors. WP 18703/ 2021

⁴⁸Section 9, Online Gaming Bill

⁴⁹Section 9 (1), Online Gaming Bill

⁵⁰Section 9 (4), Online Gaming Bill

⁵¹Section 9 (2), Online Gaming Bill

⁵²Section 9 (5), Online Gaming Bill

⁵³Section 9 (3), Online Gaming Bill

⁵⁴Section 9 (4), Online Gaming Bill

⁵⁵Section 15, Online Gaming Bill. The Central Government through notification may appoint officers of the Central Government, Gaming Authority, or State Government to exercise powers of investigation under the Online Gaming Bill.

⁵⁶Section 16, Online Gaming Bill

⁵⁷Section 14, Online Gaming Bill

⁵⁸Rule 8 (1), Blocking Rules 2009

⁵⁹Rule 14, Blocking Rules 2009

⁶⁰Under Section 115BBJ of the ITA "online game" means a game that is offered on the internet and is accessible by a user through a computer resource including any telecommunication device.

⁶¹Clause 4.10, Draft Note for the Cabinet, Proposal for introduction of The Promotion and Regulation of Online Gaming Bill, 2025, No. CLDG/13/2024 CL & DG, Ministry of Electronics and Information Technology

⁶²Pre-Legislative Consultation Policy, accessible at https://lddashboard.legislative.gov.in/documents/pre-legislative-consultation-policy [last accessed on August 21, 2025]

⁶³Modern Dental College and Research Centre & Ors vs State of Madhya Pradesh, Civil Appeal 4060/2009

⁶⁴‘India’s sweeping online gaming ban puts billions in investor capital at risk’, Mint, (August 20, 2025) accessible at: https://www.livemint.com/industry/india-real-money-gaming-bill-investors-hit-11755691447008.html [last accessed on August 21, 2025]

⁶⁵Junglee Games India Private Limited and Ors vs State of Tamil Nadu WP 18022/ 2020, All India Gaming Federation vs State of Karnataka, Case No. WP 18703/2021; All India Gaming Federation vs. The State of Tamil Nadu and Ors. WP 13203/ 2023

⁶⁶India Gaming Report, 2025 accessible at https://www.ieicouncil.org/knowledge-center/reports-initiatives [last accessed on August 21, 2025]

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