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Online Gaming and Betting – India Responds – The Promotion and Regulation of Online Gaming Act, 2025 August 25, 2025
Published in: Articles
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The Promotion and Regulation of Online Gaming Act, 2025 (hereinafter “the Act”), passed by the Parliament of India in August 2025, represents the most significant and disruptive legislative intervention in the nation’s digital economy to date. The legislation introduces a bifurcated policy framework: on one hand, it seeks to actively promote and regulate nascent sectors like e-sports and online social gaming; on the other, it imposes a complete and unequivocal prohibition on the entire spectrum of online money gaming.
For over seven decades, Indian jurisprudence, solidified by landmark Supreme Court rulings, has protected games where skill is the predominant factor as legitimate trade and business activities under Article 19(1)(g) of the Constitution. The Act, through its expansive definition of “online money game” to include any game played for stakes “irrespective of whether such game is based on skill, chance, or both,” directly challenges this foundational legal principle.
The economic ramifications of the Act are severe and immediate. The prohibition is poised to act as a “death knell” for the domestic real-money gaming (RMG) industry, a sector valued at over ₹2 lakh crore, which contributes an estimated ₹20,000 crore in annual tax revenue and supports over 200,000 jobs.
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Artcile authored by:
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High Court
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