Bihar Act 2026 tightens gambling rules, may conflict with Centre’s PROG Act

Bihar has notified the Bihar Gambling (Prohibition) Act, 2026, repealing the 159-year-old Public Gambling Act, 1867. The state law, published on August 13, 2026, now runs alongside the Centre's Promotion and Regulation of Online Gaming Act, 2025 (PROG Act), whose rules were notified on April 24, 2026. In case of inconsistency between the two, the PROG Act will prevail as it explicitly overrides other laws under Section 18, while the Bihar Act only claims overriding effect over other state laws.

The Bihar Act defines gambling broadly to include physical and online forms, and lists specific games as games of chance, such as Baccarat, Roulette, and Slots. It does not recognise or promote e-sports or social games, unlike the PROG Act which categorises online games into e-sports, social games, and prohibited money games. The PROG Act's definition of an online money game does not distinguish between skill and chance, while the Bihar Act defines a game of chance as one where outcome is predominantly determined by luck.

The Bihar Act makes promoting gambling material punishable by 2-3 years in prison and fines. It also holds individuals who knowingly allow their financial accounts for gambling liable for up to six months in jail or Rs 10,000 fine. In contrast, the PROG Act places liability on financial service providers. Enforcement under the Bihar Act relies on existing police, while the PROG Act establishes the Online Gaming Authority of India (OGAI) as a dedicated regulator.