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Civil court powers for Online Gaming Authority; can summon, investigate and penalise
This is for the first time that an Authority dedicated for online gaming sector will function with the powers traditionally available to a civil court under the Code of Civil Procedure, 1908.
Effectively, any proceeding before the Authority will be treated as a judicial proceeding, on par with those before a civil court.
The new Online Gaming Authority of India (OGAI) has been vested with sweeping powers, including those of a civil court, to regulate India’s fast-growing online gaming industry. The framework, which comes under the recently announced draft rules, empowers the Authority to act as a quasi-judicial body, ensuring that online games operate within the boundaries of law and consumer protection.
This is for the first time that an Authority dedicated for online gaming sector will function with the powers traditionally available to a civil court under the Code of Civil Procedure, 1908. This means it can summon individuals and enforce their attendance for hearings, examine persons on oath, receive evidence on affidavit, demand the discovery and production of documents, inspect books of accounts, registers and other records maintained by gaming platforms, and issue commissions for the examination of witnesses or documents.
Effectively, any proceeding before the Authority will be treated as a judicial proceeding, on par with those before a civil court. The Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023, explicitly extend these safeguards, meaning offences such as perjury, destruction of evidence, or contempt will carry the same consequences as they would in a traditional court.
Beyond its court-like role, the Authority has been tasked with wide-ranging responsibilities in regulating online gaming. It will decide whether a game qualifies as a money-based game or a social game, register and categorise games, and maintain a National Online Social Games and E-sports Registry. It will investigate complaints from users about harmful or exploitative gaming practices, issue directions to platforms on advertisements, payment systems and financial transactions, and impose penalties in cases of violation.
The Authority also has the power to cancel or suspend game registrations and ensure compliance with government orders. In addition, it can coordinate with banks, enforcement agencies and state authorities to clamp down on illegal or harmful practices, while also issuing advisories, guidelines and codes of practice for responsible gaming in consultation with relevant ministries.
The Ministry of Information and Broadcasting (MIB) has been entrusted with the regulation and promotion of online social games, while a newly established Online Gaming Authority of India will oversee the wider sector under the Promotion and Regulation of Online Gaming Act, 2025. The framework introduces a five-year certification regime for e-sports and social games, mandating registration, compliance, and user safety standards to bring accountability to India’s fast-expanding gaming ecosystem.
Appealing the order
To prevent misuse of its vast powers, the framework introduces checks and balances. The Authority’s decisions—such as cancelling a registration, categorising a game, or imposing penalties—can be appealed before a separate Appellate Authority within thirty days. The Appellate Authority, too, enjoys the status and powers of a civil court but is guided by the principles of natural justice rather than the rigid procedures of the Code of Civil Procedure. It is expected to dispose of appeals within thirty days, ensuring speedy redressal for aggrieved parties.
For a sector often criticised for lack of transparency, addiction risks and unregulated money flows, this move marks a decisive shift. By giving the Online Gaming Authority the status of a civil court, the government aims to bring legal seriousness to gaming regulation, discourage malpractice and protect users from unfair practices.
Legal experts believe this structure also prevents arbitrary prosecution, since proceedings are judicial in nature and subject to oversight, appeals and procedural safeguards. In simple terms, the Online Gaming Authority will now function not just as a regulator but also as a watchdog with courtroom powers—capable of summoning, investigating and even punishing violations—thereby bringing India’s booming online gaming industry under stricter legal discipline.
The Ministry of Electronics and Information Technology (MeitY) has invited public comments on the Promotion and Regulation of Online Gaming Act, 2025, seeking to build a structured and accountable framework for the country’s fast-growing online gaming sector. The feedback/comments on the draft rules to be submitted by 31st October, 2025.
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