🇮🇳 India · Online Gaming Authority of India (attached office of the Ministry of Electronics and Information Technology) (MeitY)
India Online Gambling Licence — 2026
Status, October 2026: the Promotion and Regulation of Online Gaming Act 2025 (Act No. 32 of 2025) prohibits offering online money games, whether based on skill, chance or both (sections 2(g) and 5). The Act and the Promotion and Regulation of Online Gaming Rules 2026 (G.S.R. 303(E)) took effect on 1 May 2026. Challenges to the Act are pending before the Supreme Court.
India prohibits online money games, skill-based or not, under a 2025 Act in force since 1 May 2026, and bans their advertising and payment processing. Only e-sports and online social games can be registered, with a new Online Gaming Authority.
Tier 3 — Emerging / recently liberalisedIndia no longer has a route for real-money online gaming. The Promotion and Regulation of Online Gaming Act 2025 prohibits offering, aiding or inducing online money games, and its definition covers games of skill as well as chance: what matters is that a user pays or stakes money in expectation of winning. The Act and its Rules took effect on 1 May 2026.
The state licences that used to define the Indian market, in Sikkim, Nagaland and Meghalaya, do not answer the new question. The Act extends to the whole of India and to services operated from abroad, bans advertising and payment processing for online money games, and makes offering them an offence punishable with up to three years in prison. What remains licensable is narrow: e-sports recognised under the National Sports Governance Act 2025 and online social games without stakes, registered with the new Online Gaming Authority of India.
Quick facts
| Regulator | Online Gaming Authority of India (attached office of the Ministry of Electronics and Information Technology) ↗ |
|---|---|
| Tier | Tier 3 — Emerging / recently liberalised |
| Licence types | None for online money games: offering them is prohibited (Promotion and Regulation of Online Gaming Act 2025, s. 5), Registration of e-sports and online social games with the Online Gaming Authority of India (Rules 2026, rules 12–14) |
| Application cost | Not applicable: an online money game cannot be licensed. The 2026 Rules set no fee for registering an e-sport or online social game |
| Annual cost | Not applicable |
| Gaming tax | Not applicable: online money games are prohibited. Before the Act, GST was charged at 28% of the full face value of bets from 1 October 2023, and the GST Council approved a rise to 40% in September 2025 |
| Corporate tax | Indian corporate income tax applies to permitted e-sports and online social game businesses |
| Substance | No licence route. The Act applies to online money gaming services offered in India or operated from outside India (s. 1(2)) |
| Timeline | Not applicable for online money games. Determination of whether a game is an online money game: ninety days where practicable (Rules 2026, rule 10(3)) |
Pros
- E-sports and online social games have a defined registration route, with certificates valid for up to ten years (Rules 2026, rule 14(2))
- The Act defines online money games in one sentence, so the test is written down rather than litigated game by game
Cons
- Online money games prohibited whether based on skill, chance or both (s. 2(g))
- Offering one: up to three years in prison, a fine up to INR 1 crore, or both (s. 9(1))
- Banks and payment firms barred from processing payments for them (s. 7)
- Offences under ss. 5 and 7 are cognizable and sites can be blocked (ss. 10, 14)
Best for
- No real-money operator: online money games cannot be offered in India, from inside or outside the country
- E-sports and online social game providers, which can register with the Online Gaming Authority of India
What the 2025 Act prohibits
Three things, each a separate offence. Section 5 prohibits offering, aiding, abetting or inducing online money games and online money gaming services. Section 6 prohibits advertising that directly or indirectly promotes them, in any medium. Section 7 bars banks, financial institutions and anyone else facilitating payments from processing or authorising funds for them. Offences under sections 5 and 7 are cognizable (section 10), and section 14 lets the government block sites that breach sections 5 to 7 under the Information Technology Act 2000.
Skill no longer decides it
For years the Indian question was whether a game was mainly skill or chance, because games of skill sat outside most state gambling laws. Section 2(g) removes that line for real-money play: an online money game is any online game played by paying fees, depositing money or other stakes in expectation of winning, irrespective of whether it is based on skill, chance or both. Section 2(j) counts credits, coins and tokens bought with money as stakes too. Rummy, poker and paid fantasy contests fall inside the definition if users stake money to win money.
Penalties
Offering an online money game: up to three years in prison, a fine up to INR 1 crore, or both (section 9(1)). Advertising one: up to two years and INR 50 lakh (section 9(2)). Processing payments for one: up to three years and INR 1 crore (section 9(3)). A second conviction for offering or payments carries three to five years and a fine of INR 1 to 2 crore; for advertising, two to three years and INR 50 lakh to 1 crore. Where a company offends, every person in charge of its business can be liable (section 11).
What can be registered
The Rules 2026 set up the Online Gaming Authority of India as an attached office of the Ministry of Electronics and Information Technology, chaired by an Additional Secretary with members from the Home, Finance, Information and Broadcasting, Sports and Law ministries (rule 3). It decides whether a game is an online money game, where practicable within ninety days (rule 10(3)), and registers e-sports and online social games, each game separately, with a certificate valid for up to ten years (rules 12 to 14). An online money game cannot be registered as an e-sport (rule 12(3)), and the Authority publishes the list of games it determines to be online money games (rule 26).
The state licences
Sikkim, Nagaland and Meghalaya issued their own online gaming licences before the Act, mostly for games of skill. The Act now extends to the whole of India, so a state licence does not make an online money game lawful under it. Operators challenged the Act in several High Courts; the cases were transferred to the Supreme Court as T.C.(C) No. 133/2025 and were pending when we last checked. Until the Court rules otherwise, the Act applies.
Operational realities
Capital requirements
Not applicable: no licence exists for online money games.
Player protection
For registered e-sports and online social games the Rules 2026 require user safety features such as age verification, time limits, parental controls and grievance redressal, (rule 2(1)(i)), with complaints that can be taken to the Authority.
Banking & payment processing
Section 7 bars banks, financial institutions and any person facilitating payments from processing or authorising funds for online money gaming services. Breach is punishable with up to three years and INR 1 crore.
Recent developments (2025-2026)
The Promotion and Regulation of Online Gaming Act 2025 was published on 22 August 2025 as Act No. 32 of 2025. On 22 April 2026 the Ministry of Electronics and Information Technology notified its commencement, the Online Gaming Authority of India and the investigating officers, together with the Promotion and Regulation of Online Gaming Rules 2026 (G.S.R. 303(E)); the Act and the Rules took effect on 1 May 2026. Challenges by operators including Head Digital Works were transferred to the Supreme Court as T.C.(C) No. 133/2025; SC Observer listed 5 August 2026 as the next hearing, and we have not confirmed the outcome.
How it compares
India now sits with the jurisdictions that prohibit online real-money gaming outright, alongside Brazil since its September 2026 measure, rather than with the regimes that license it. Unlike most prohibitions, the Act names games of skill expressly, so the skill defence that shaped the Indian market for two decades does not apply to real-money play.
Frequently asked questions
Can you get an online gambling licence in India?
No. The Promotion and Regulation of Online Gaming Act 2025 prohibits offering online money games (section 5), and no licence exists for them. The Act and its Rules took effect on 1 May 2026.
Are games of skill such as rummy or fantasy sports still allowed for money?
No. Section 2(g) defines an online money game as one played by paying fees or staking money in expectation of winning, whether it is based on skill, chance or both. The old skill exception no longer protects a real-money product.
Does the ban apply to offshore operators?
Yes. Section 1(2) applies the Act to online money gaming services offered within India or operated from outside it, banks may not process the payments (section 7), and the sites can be blocked (section 14).
What are the penalties?
Offering an online money game: up to three years in prison, a fine up to INR 1 crore, or both. Advertising one: up to two years and INR 50 lakh. Repeat offences carry minimum terms (section 9).
What can still be registered?
E-sports recognised under the National Sports Governance Act 2025 and online social games without stakes. The Online Gaming Authority of India registers them, and a certificate is valid for up to ten years (Rules 2026, rule 14).
Compare and define
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