Section 297 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 297 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, which falls under Chapter XV – Offences affecting Public Health, Safety, Convenience, Decency, and Morals:
🎲 Section 297 – Keeping a Lottery Office and Lottery Promotions
📝 Statutory Text (Simplified):
Unauthorized Lottery Office
“Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”
(myjudix.com)
Unauthorized Lottery Promotions
“Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to five thousand rupees.”
(mha.gov.in, myjudix.com)
🔍 Key Insights
What is Prohibited?
Establishing or operating a lottery office without proper state authorization.
Advertising or promoting lotteries tied to ticket draws or contingency-based prizes.
Penalties:
Running the office: Up to 6 months imprisonment, or fine, or both.
Promotion: Fine up to ₹5,000.
Legal Classification:
Non-cognizable (no immediate arrest without warrant).
Bailable.
Triable by any Magistrate.
(lawrato.com)
🧭 Comparison with Previous Law (IPC)
This mirrors IPC Section 294A (now repealed) but updated under BNS to clarify that unauthorized lottery operations and promotions are criminalized under a dedicated public-morals chapter.
✅ Summary Table
| Offence | Penalty |
|---|---|
| Keeping unauthorized lottery office | ≤ 6 months imprisonment; fine; or both |
| Publishing lottery proposals | Fine up to ₹5,000 |
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