Section 16: Entry, Search, Seizure and Arrest

Overview

Section 16 of the Promotion and Regulation of Online Gaming Bill, 2025, gives authorised officers the power to enter premises (including digital spaces like servers and cloud storage), search for evidence, seize materials, and arrest individuals suspected of violating the Act – all without needing a warrant in certain situations. However, these powers are subject to the usual safeguards provided by criminal law, like the Bharatiya Nagrik Suraksha Sanhita (BNSS), ensuring fairness and protecting individual rights.

Key Provisions

• Powers of Entry, Search & Seizure: Authorised officers can enter any place where they believe evidence related to an offence under the Act is located. This includes physical locations and digital spaces like servers, cloud storage, and computer systems.
• Arrest Without Warrant: The section allows for arrest without a warrant if an officer has reasonable suspicion of an offence.
• Safeguards: These powers are exercised within the framework of existing criminal procedure laws (like the BNSS). If the officer isn’t from the police force, the arrested person must be promptly produced before a magistrate or police officer.
• Digital Evidence: The scope explicitly includes seizing digital assets like electronic records, computer resources, and data stored in the cloud.

Practical Impact

This section significantly impacts online gaming operators. They need to be prepared for potential inspections and have procedures in place to cooperate with authorised officers while protecting their legal rights. For citizens, it means that investigations into online gaming offences can proceed swiftly, but with built-in protections against abuse of power. Government authorities gain tools to enforce the Act effectively.

Examples

• Example 1: An authorised officer receives information that a particular online gaming platform is facilitating illegal betting. They can enter the platform’s server room (or access its cloud servers) to search for and seize evidence of illegal transactions, and arrest individuals involved in the operation.
• Example 2: A complaint is filed alleging that a gaming company is manipulating game outcomes. An officer can request access to the company’s admin console to review game logs and algorithms. The company must provide access, but can also document the scope of access granted to preserve legal privilege over sensitive information. They must also ensure a proper chain of custody is maintained for any data shared.