section 5: Prohibition of online money game and online money gaming service.

No person shall offer, aid, abet, induce or otherwise indulge or engage in the offering of online money game and online money gaming service.

Explained:

Section 5 of the Promotion and Regulation of Online Gaming Act, 2025 is the central prohibition provision of the legislation. The Act received Presidential assent on 22 August 2025 as Act No. 32 of 2025 and Section 5 specifically prohibits online money games and online money gaming services. MeitY

What does Section 5 provide?

Section 5 states that no person shall offer, aid, abet, induce, or otherwise indulge or engage in offering an online money game or online money gaming service. The provision therefore covers not only the person operating an online money game but also persons who assist, facilitate or induce such activity. IndiaCode by eCourtsIndia

A significant feature of the provision is that the prohibition applies to online money games without maintaining the traditional distinction between games of skill and games of chance. This represents a substantial change from earlier judicial approaches to online gaming and betting.

Section 5 must also be read with Sections 6 and 7. Section 6 deals with advertisements promoting online money games, while Section 7 prohibits the facilitation of financial transactions connected with online money gaming services. Contravention of Section 5 attracts the penalty framework under Section 9. Indian Kanoon

Important Judgments

In Archit Gupta v. Union of India (Rajasthan High Court, 2026), the Court reproduced Section 5 and noted that Parliament had enacted a law prohibiting online money gaming. The Court disposed of the PIL in light of the new legislation while leaving liberty to approach the Court again if a grievance survived. Indian Kanoon

In Winzo Games Pvt. Ltd. v. Google LLC (CCI, 2026), the Competition Commission noted that Sections 5–7 created a complete prohibition concerning online money games and observed that the Act had fundamentally changed the regulatory framework for real-money gaming. Indian Kanoon

The constitutional validity of the Act, including the scope of Section 5, remains under challenge before the Supreme Court of India. The challenge raises questions concerning Articles 14 and 19(1)(g), legislative competence and the distinction between skill and chance.