Online gaming in India has transformed from casual entertainment into a multi-billion-dollar industry. With smartphones, digital payment systems, and improved internet access, millions of Indians participate in e-sports tournaments, casual social games, and money-based gaming platforms daily. However, the sector has also raised concerns around addiction, financial risks, misleading advertising, and lack of regulatory oversight.
To address these challenges, the Government of India introduced the Promotion and Regulation of Online Gaming Act, 2025. This landmark legislation seeks to provide a clear and uniform framework for regulating online gaming, distinguishing between permissible and prohibited activities, and promoting responsible gaming practices.
This guide offers a section-wise breakdown of the Act along with simplified explanations, practical takeaways, and insights on how it impacts businesses, players, and regulators.
Objectives of the Act
The primary goals of the Act can be summarised as follows:
- To regulate and license online gaming operators in India.
- To create legal clarity on the difference between games of skill, chance, social games, and money games.
- To protect minors and vulnerable users from addiction and exploitation.
- To promote e-sports and responsible innovation within the gaming industry.
- To establish a central regulatory authority for monitoring, approvals, and enforcement.
By balancing growth with accountability, the Act aims to make India a global hub for ethical online gaming.
Key Definitions Under the Act
The Act introduces crucial definitions that set the foundation for regulation.
- Online Game – Any game offered or played through the internet using electronic devices. This broad definition covers mobile, desktop, and console-based platforms.
- E-Sports – Professional competitive gaming conducted individually or in teams, often involving tournaments and leagues. The Act recognises e-sports as a legitimate category distinct from gambling.
- Social Games – Casual, recreational games without monetary stakes, such as puzzles or adventure games. These remain unregulated and open to all age groups.
- Money Games – Games involving real money, wagering, or financial stakes. These attract stricter regulation and licensing requirements.
- Gaming Intermediary – Any platform, operator, or service provider that facilitates online gaming. This includes both domestic and foreign operators targeting Indian users.
Why this matters: These definitions are central because they determine which games require regulatory approval and which fall under prohibited activities.
Establishment of Regulatory Authority
A major feature of the Act is the creation of the Central Online Gaming Regulatory Authority (COGRA).
Powers of COGRA
- Licensing and approval of online gaming operators.
- Classification of permissible and prohibited games.
- Monitoring compliance with rules on user protection and advertising.
- Imposing penalties and suspending licences in case of violations.
- Creating guidelines on responsible gaming, age verification, and data protection.
Takeaway for Businesses: No gaming platform can legally operate in India without registration and approval from COGRA.
Licensing and Approval Process
The Act makes licensing mandatory for any platform offering online games with financial implications.
Requirements for Licence
- Submission of detailed company information, including financial records.
- Disclosure of game mechanics to establish whether a game is based on skill or chance.
- Implementation of age-gating measures to restrict minors from accessing money games.
- Commitment to fair play, transparency, and consumer protection norms.
Licences will be subject to renewal and regular audits.
Compliance Note: Unlicensed operators risk heavy penalties, including suspension of services and legal prosecution.
Permissible vs. Prohibited Games
The Act makes a clear distinction between permissible and prohibited activities.
Permissible Games
- Skill-based games where success depends on knowledge, practice, or expertise.
- E-sports recognised as professional competitions.
- Social games without monetary stakes.
Prohibited Games
- Games of chance involving betting or wagering.
- Any unlicensed money games.
- Platforms targeting minors with real-money incentives.
- Games using deceptive advertising or misrepresenting rewards.
Example: A chess-based app offering small-stake tournaments may be permitted if licensed, while a roulette-style betting app would fall under prohibited activities.
Provisions for Consumer Protection
The Act introduces several safeguards for users:
- Age Verification: Platforms must integrate mechanisms to prevent minors from playing money games.
- Responsible Gaming Features: Tools for setting deposit limits, self-exclusion options, and addiction awareness messages.
- Transparent Advertising: Ban on misleading claims such as “guaranteed winnings” or celebrity endorsements without disclaimers.
- Data Protection: Platforms must safeguard player data in line with India’s digital privacy framework.
- Impact on Players: These provisions ensure that gaming remains a safe form of entertainment rather than a financial risk.
Penalties and Enforcement Mechanisms
To enforce compliance, the Act prescribes strong penalties:
- Monetary Fines: Significant fines for operators running unlicensed or prohibited games.
- Licence Revocation: Immediate suspension or cancellation of non-compliant operators.
- Criminal Liability: In serious cases of fraud, money laundering, or repeated offences, imprisonment provisions may apply.
- Business Impact: Startups and global platforms must build robust compliance frameworks to avoid operational risks.
Impact on Stakeholders
For Businesses
- Increased clarity on what is legal and what is prohibited.
- Higher compliance costs due to licensing and audits.
- Stronger investor confidence because of regulatory certainty.
For Players
- Safer gaming environment with protection from fraud and addiction.
- Recognition of e-sports as a professional avenue.
- Clearer understanding of risks in money-based games.
For Regulators
- Better oversight and enforcement tools.
- Framework to balance innovation with public welfare.
- Scope to promote India’s image as a regulated gaming hub.
Opportunities for Growth
Despite stricter compliance, the Act creates new opportunities:
- Boost to E-Sports: Recognition as a legitimate sport may attract sponsorships, investments, and international tournaments.
- Startup Growth: Clear rules encourage new entrepreneurs to enter the gaming sector with innovative, skill-based platforms.
- Foreign Investment: International gaming companies may now see India as a stable, regulated market.
- Job Creation: Expansion of the gaming ecosystem can generate employment in technology, media, and legal compliance sectors.
Challenges Ahead
- Defining “Skill vs. Chance”: Courts and regulators may face disputes in categorising games.
- Enforcement Across Borders: Offshore operators targeting Indian users could create compliance gaps.
- Balancing Innovation and Regulation: Excessive restrictions may discourage startups if rules are not implemented pragmatically.
- Addiction Concerns: Despite safeguards, addressing behavioural risks remains an ongoing challenge.
Conclusion
The Promotion and Regulation of Online Gaming Act, 2025 is a landmark reform in India’s digital economy. It provides clarity, consumer protection, and growth opportunities while addressing long-standing concerns about addiction and illegality. For businesses, compliance with the licensing framework is no longer optional but essential, and many companies are already consulting Gaming Lawyers in India to ensure proper adherence to the law. For players, the Act ensures a safer, more transparent experience. For policymakers, it sets the stage for India to emerge as a global hub for responsible gaming and e-sports. As the industry evolves, the Act will likely undergo refinements, but its foundation establishes a critical balance between innovation and regulation.
Frequently Asked Questions (FAQs)
What is the purpose of the Promotion and Regulation of Online Gaming Act, 2025?
The Act was introduced to regulate online gaming in India, ensure player protection, promote e-sports, and prevent illegal betting and gambling activities. It creates a clear framework for licensing operators and distinguishing between permissible and prohibited games.
Which types of games are allowed under the Act?
The Act permits skill-based games, social games without monetary stakes, and e-sports competitions. Money games may be allowed if licensed by the regulatory authority. However, chance-based betting games and unlicensed operations are prohibited.
What is COGRA and what role does it play?
COGRA, or the Central Online Gaming Regulatory Authority, is the regulatory body created under the Act. It is responsible for granting licences, classifying games, monitoring compliance, and enforcing penalties against violators.
How does the Act protect players, especially minors?
The Act mandates age verification systems, responsible gaming features, transparent advertising, and data protection measures. Money games cannot be offered to minors, and platforms must provide tools to limit deposits and promote responsible play.
What are the penalties for violating the Act?
Operators offering unlicensed or prohibited games face heavy fines, licence suspension, and possible imprisonment in cases of fraud or repeated offences. The penalties are designed to deter illegal operators and maintain a safe gaming environment.
Mr. Brijender Chahar
Senior Advocate, Supreme Court of India