Govt to notify rules, authority under Online Gaming Act soon: Delhi HC

The Centre told the Delhi High Court it will soon notify rules and create an authority under the Online Gaming Act, 2025, which bans real-money games, amid a constitutional challenge

The Centre on Tuesday told the Delhi High Court that it will move ahead with creating an authority and framing rules under the recently enacted Promotion and Regulation of Online Gaming Act, 2025, which bans online real-money games.

 

This submission was made during a hearing on a plea by an online gaming platform challenging the Act, before a bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela.

 

Bagheera Carrom (OPC) Pvt Ltd, which has developed an e-sports version of carrom, has challenged the constitutionality of the law, calling it vague and arbitrary. In the alternative, the firm has sought that provisions of the Act, including Section 5 (prohibition), the definition of ‘online money game’ under Section 2(1)(g) and ‘e-sports’ under Section 2(1)(c), be read down.

   

Solicitor General Tushar Mehta told the court that a notification under Section 1(3) of the law is under consideration, after which the authority will be established and regulations framed.

 

Hearing the arguments, the bench observed that the Act cannot be enforced until it is notified and rules are in place. “Unless a notification is issued, this Act cannot come into being. Your apprehension that you will be prosecuted is not live as of today,” the Chief Justice said, adding that rule-making was essential for the legislation to function.

 

Justice Gedela also questioned whether a law could be challenged merely on presumptions.

 

Mehta clarified that while the Act has Presidential assent, it has not yet been brought into force. He added that the government supports online gaming but is concerned about the social impact of money-based games, including addiction and suicides among children.

 

The bench said several concerns may be addressed once rules are framed and the authority constituted. The matter has been adjourned for eight weeks.