Online Gaming in India

Online Gaming in India

Why it Matters? 

  • The government is considering raising GST on online gaming to 40%, categorising it with “sin goods” like tobacco and luxury cars. Revenues from the current 28% levy surged 412%, touching ₹6,909 crore in six months. With Indians spending over ₹10,000 crore monthly, policymakers seek tighter regulation including AML and KYC norms.  

What You Should Know? 

  • Online gaming refers to games played over the internet using computers or mobile devices. 

  • It includes casual games, fantasy sports, real-money gaming (RMG), esports, and multiplayer role-play games. 

  • India has over 590 million gamers, making it one of the world’s largest gaming markets. 

  • About 155 million Indians engaged in real-money gaming in 2024 (fantasy sports, rummy, poker). 

  • Daily active users in real-money gaming are ~110 million. 

  • Online gaming in India operates under a fragmented legal framework – no single central law governs it. 

  • Prize Competitions Act, 1955 regulates prize based competitions.  

  • Public Gambling Act, 1867 (PGA) exempts skill-based games from penalties. 

  • “Betting and gambling” is a state subject under entry 34 of the List II (State List) of the Seventh Schedule of the Indian Constitution and state legislations define betting and gambling related offences. 

  • The legal distinction is between “games of skill” (legal) and “games of chance” (illegal gambling). 

  • The Supreme Court of India has upheld that games involving substantial skill (e.g., rummy, fantasy sports, horse racing) are legal. 

  • India's FDI policy prohibits foreign investment and technology collaboration in lotteries, gambling, and betting, including licensing and brand agreements.