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Sovereign state
Asia
ISO IN
Review due

India: gambling regulation and licensing

Republic of India

  • Online casinoProhibited
  • Online sports bettingProhibited
  • Online pokerProhibited
Regulator
Ministry of Electronics and Information Technology
Headline tax
Not yet verified
Licence required
No
Last verified
30 Aug 2026

Summary

India has gone from the most argued-over grey market in Asia to an outright prohibition. The Promotion and Regulation of Online Gaming Act, 2025 bans online money games of every kind, collapsing the decades-old skill versus chance distinction that fantasy sports, rummy and poker operators had relied on and that Indian courts had repeatedly upheld. It received assent on 22 August 2025 and came into force on 1 May 2026 with the Promotion and Regulation of Online Gaming Rules, 2026, which set up the Online Gaming Authority of India. Advertising and payment processing are caught too, so the ban reaches the distribution and banking layers rather than operators alone, and it applies to a sector that had attracted substantial domestic and foreign investment on the strength of the skill-game position. Gambling remains a State subject under the Constitution, so state statutes descended from the Public Gambling Act, 1867 still apply underneath the federal ban, and the interaction between the two is unsettled. A consolidated constitutional challenge is pending in the Supreme Court while the ban operates, which means the position recorded here is the law in force but not necessarily the law that will settle.

Key facts

Regulator
Ministry of Electronics and Information Technology (MeitY)
Regulator type
Government ministry
Headline tax
Not yet verified
Licence required
No
Minimum age
18+
Tax base
The 28 per cent GST and the 30 per cent TDS regime predate the 2025 prohibition. They remain material for legacy liabilities and for the retrospective GST litigation, but they are not a live operating tax base for a lawful online money-gaming market, because there is no longer one.
Capital
New Delhi
Currency
INR
Official languages
Hindi, English

Licensing

Licence required
No
Application window
Not yet verified
Local establishment required
Not yet verified
Local server required
Not yet verified
Barriers to entry
There is no licence for online money games because they are prohibited outright, and no route to obtain one. E-sports and online social games are instead brought within a registration and compliance framework under the Rules. The legacy state regimes (Sikkim online games under the 2008 Act, Nagaland skill-game licences, Goa land-based casinos) are the historical alternative and should not be read as a current route to serve Indian players with money games.

Taxation

Headline GGR tax
Not yet verified
Effective date
Not yet verified
Player winnings tax
Tax deducted at source of 30 per cent on net winnings, per ICLG 2026.
VAT treatment
28 per cent GST applies to online money gaming, charged on the amount deposited with the platform (treated as actionable claims) rather than on gross gaming revenue, with effect from 1 October 2023.
Tax base
The 28 per cent GST and the 30 per cent TDS regime predate the 2025 prohibition. They remain material for legacy liabilities and for the retrospective GST litigation, but they are not a live operating tax base for a lawful online money-gaming market, because there is no longer one.

Compliance

Minimum age
18+
National self-exclusion
Not yet verified
KYC requirements
Not yet verified
Stake limits
Not yet verified

Advertising

Advertising permitted
No
Affiliate rules
Affiliates are not separately licensed. Promotion of an offer that is itself unlawful is caught by the underlying prohibition rather than by an advertising code.
Penalties for breach
Advertising is prohibited as part of the wider ban, and the prohibition is drafted to reach the intermediaries that carry the advertising rather than only the operators that commission it.

Restrictions

  • The Promotion and Regulation of Online Gaming Act, 2025 bans online money games and expressly catches their advertising.
  • The prohibition reaches the distribution layer, so publishers, platforms and payment processors are within scope rather than operators alone.
  • Because the Act collapsed the skill versus chance distinction, advertising for fantasy sports, rummy and poker products is caught alongside casino-style gambling.
  • The Act came into force on 1 May 2026 with the Promotion and Regulation of Online Gaming Rules, 2026, which established the Online Gaming Authority of India.
  • State gambling statutes descended from the Public Gambling Act, 1867 continue to apply underneath the federal ban, and several restrict advertising in their own terms.

Payments

Credit card ban
Not yet verified
Crypto stance
Not yet verified
Payment blocking regime
Banks and payment systems are barred from processing transactions linked to online money games under the 2025 Act.

Enforcement

ISP blocking
Not yet verified
DNS blocking
Not yet verified
Payment blocking
Not yet verified
App store takedowns
Not yet verified
Criminal penalties
Sources differ. Reporting of the Act cites imprisonment of up to three years and fines up to 1 crore rupees for offering an online money game; ICLG 2026 states penalties reaching up to five years and 2 crore rupees, which may reflect repeat offences. Offences are described as cognizable and non-bailable. Verify against the Act text before publishing a figure.

Outlook

The Supreme Court challenge is the whole story. Until it is decided, India is a prohibited market that a large industry is actively litigating. Watch the hearing timetable, the treatment of the 28 per cent GST on deposits and the retrospective demands attached to it, and whether the e-sports and social-gaming carve-out is broad enough to absorb any of the displaced operators.

Frequently asked questions

Is online real-money gaming legal in India?
No. The Promotion and Regulation of Online Gaming Act, 2025 prohibits online money games, including games of skill, and came into force on 1 May 2026. A constitutional challenge is pending before the Supreme Court.
What is the 28 per cent GST on online gaming?
Since 1 October 2023, GST of 28 per cent has applied to online money gaming on the amount deposited with the platform, not on gross gaming revenue.

iGT coverage of India

Sources

  1. The Promotion and Regulation of Online Gaming Act, 2025 (Act text)

    Ministry of Electronics and Information Technology, Government of India

    Listed as the official Act text. The PDF returned HTTP 403 at review, so no claim here rests on the document itself; the Act title and substance are supported by the MeitY Digital India release, Supreme Court Observer and ICLG.

    Tier 1Accessed 4 Aug 2026
  2. Promotion and Regulation of Online Gaming Rules, 2026 (press release)

    Digital India, Ministry of Electronics and Information Technology

    Tier 1Accessed 4 Aug 2026
  3. Tier 3Accessed 4 Aug 2026
  4. Gambling Laws and Regulations 2026 - India

    ICLG (International Comparative Legal Guides)

    ICLG describes the 2025 Act as not yet enforced. That reflects a pre-commencement snapshot; the Act and the Rules came into force on 1 May 2026 per MeitY and Supreme Court Observer, and the later sources are preferred. ICLG also gives penalties of up to five years and 2 crore rupees where other reporting of the Act cites three years and 1 crore; the discrepancy is unresolved.

    Tier 3Accessed 4 Aug 2026

Spotted something out of date? Report a correction.

This page is industry reference information and not legal advice.

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