The Central Government has informed the Delhi High Court that it is actively considering the process of constituting an authority and drafting the necessary Rules and Regulations under the Promotion and Regulation of Online Gaming Act, 2025.
Appearing before a Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, Solicitor General Tushar Mehta submitted that once a notification under Section 1(3) of the Act is issued, the government will take the required steps for implementation. He clarified that while the Act has already received Presidential assent, it will come into operation only upon formal notification.
The Court was hearing a petition filed by Bagheera Carrom (OPC) Pvt. Ltd., developer of an e-sport platform styled “Bagheera Carrom.” The petitioner, represented by Advocates Harsh Jaiswal and Aadya Mishra, has questioned the constitutional validity of the Act on grounds of arbitrariness and vagueness. Alternatively, it has sought reading down of Section 5 (prohibitory provisions) as well as the definitions of “online money game” [Section 2(1)(g)] and “e-sports” [Section 2(1)(c)].
During the proceedings, the Bench observed that the law cannot be operational until rules are framed and the statutory authority is put in place. The Chief Justice remarked that the process “must be underway,” noting that once the authority is constituted, issues regarding the scope of e-sports and online gaming can be addressed. Justice Gedela further queried whether an enactment can be challenged merely on the basis of apprehension of future action.
Responding to concerns raised by the petitioner about potential prosecution, the Court made it clear that, in the absence of a notification, there was no immediate threat of action. The Bench observed, “Unless a notification is issued, the Act cannot be enforced. The apprehension of prosecution is not live today. We expect the government to frame Rules and constitute the authority.”
Solicitor General Mehta assured the Court that the government is promoting online gaming in principle but emphasized the risks associated with online money games, citing concerns of addiction among children and incidents of suicides. He added that the process of framing Rules is underway, and the constitution of the authority is under serious consideration.
The Bench concluded that several of the petitioner’s apprehensions may be resolved once the Rules are notified and the regulatory authority begins functioning. The matter has been adjourned and will be taken up again after eight weeks.
Picture Source :
