Section 10: Cognizable and Non-Bailable Offences

Overview

Section 10 of the Promotion and Regulation of Online Gaming Bill, 2025, makes certain violations of the law – specifically those related to offering illegal online money games and helping to facilitate payments for them – very serious. These offences are classified as ‘cognizable’ and ‘non-bailable’, meaning the police can investigate without a warrant and bail isn’t automatically granted.

Key Provisions

• Offences under Section 5 (offering/operating online money gaming prohibited by the Bill) and Section 7 (facilitating payments for such gaming) are now cognizable. This means police can arrest individuals and begin investigations without needing prior permission from a court.
• These offences are also non-bailable. This means that if someone is arrested for violating these sections, bail will only be granted at the discretion of the court, considering the seriousness of the offence and the specific facts of the case.
• There are no specific exceptions or conditions listed within Section 10 itself; the cognizable and non-bailable nature applies directly to violations of Sections 5 and 7.

Practical Impact

This section significantly increases the risk for online gaming platforms, payment gateways, and individuals involved in offering or supporting illegal online money games. Companies need to have robust compliance systems in place to avoid these violations. Individuals could face arrest and potential imprisonment if found guilty. It also empowers law enforcement to take swift action against illegal gaming operations.

Examples

• Example 1: A company continues to offer an online money game even after the Bill comes into force and Section 5 prohibits it. Police can raid the company’s offices, arrest key personnel, and investigate without a warrant. Those arrested would need to apply to a court for bail, which may or may not be granted.
• Example 2: A payment gateway knowingly processes transactions for an online gaming platform that is offering a prohibited game. Even if the payment gateway claims they were unaware of the specific game’s illegality, they could be investigated under Section 7. The court will consider their level of due diligence and whether they took reasonable steps to prevent facilitating illegal transactions when deciding on bail.