The Supreme Court of India has indicated that skill-based games and competitions could be exempt from the controversial Promotion and Regulation of Online Gaming Act, 2025. These comments suggest a possible reprieve for online gaming operators across the country.
Recently, the court heard a plea from an online chess player challenging the Act. Parliament passed the Act suddenly in August and quickly signed it into law. The Act restricts not only online casino gaming but also skill games such as fantasy sports, esports, and poker. Anyone offering real-money online games faces a jail term of up to three years plus a fine under the bill.
According to local media reports, Justice K.V. Viswanathan commented that tournaments focused on skill rather than betting may be completely excluded from the law’s purview. Another judge also commented that the government had no objection to games of skill. This includes tournaments where players pay an entry fee and compete for cash prizes.
The Ministry of Electronics and Information Technology requested the transfer of pending cases, citing concerns that the three courts might issue inconsistent rulings, creating legal uncertainty. The hearing now consolidates a series of petitions previously filed in the high courts of Karnataka, Madhya Pradesh, and Delhi.
The legal challenges argue that the ban on skill games violates Article 19(1)(g). This article guarantees all citizens the right to practice any profession or carry on any occupation, trade, or business.
Dozens of companies have withdrawn from the Indian market since the Act became law. These include global giants such as Flutter and local firms like Dream Sports.
The court has scheduled the next hearing for November 26.
