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Section 297 BNS: Keeping Lottery Office and Publishing Lottery Proposals

Section 297 of the Bharatiya Nyaya Sanhita, 2023 (BNS) creates two related offences concerning lotteries. Sub-section (1) deals with keeping an office or place for drawing a lottery that is neither a State lottery nor a lottery authorised by the State Government. Sub-section (2) deals with publishing specified proposals connected with such a lottery. The BNS came into force on 1 July 2024.

Section 297 BNS - Statutory Provision

297. Keeping lottery office.

(1) 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.

(2) 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.

Meaning of Section 297 BNS

Section 297 distinguishes between two forms of prohibited conduct. The first is maintaining an office or place for drawing an unauthorised lottery. The second is publishing a proposal promising money, goods, an act or a forbearance for another person's benefit on an event or contingency connected with the drawing of a ticket, lot, number or figure in such a lottery.

Important distinction: Section 297(1) expressly excludes a State lottery and a lottery authorised by the State Government. The offence targets an office or place used for drawing a lottery outside those categories.

Section 297(1) BNS - Keeping a Lottery Office

Sub-section (1) applies where a person keeps an office or place for the purpose of drawing a lottery that is not a State lottery and is not authorised by the State Government.

Essential elements

  1. There is an office or place being kept by the person concerned.
  2. The purpose of that office or place is the drawing of a lottery.
  3. The lottery is not a State lottery.
  4. The lottery is not authorised by the State Government.

Section 297(2) BNS - Publishing Proposals Relating to Such Lotteries

Sub-section (2) addresses publication of a specified proposal linked to the drawing of a ticket, lot, number or figure in a lottery of the kind referred to in sub-section (1).

The published proposal may relate to:

  • payment of any sum;
  • delivery of any goods;
  • doing anything for the benefit of a person; or
  • forbearing from doing anything for the benefit of a person,

where the promise depends on an event or contingency relative or applicable to the drawing of a ticket, lot, number or figure in the relevant lottery.

Punishment Under Section 297 BNS

Section 297(1) Imprisonment of either description for a term which may extend to six months, or fine, or both.
Section 297(2) Fine which may extend to Rs. 5,000.

Note: Section 297(1) does not state a maximum amount of fine in the text of the section. Section 297(2), however, expressly fixes the maximum fine at Rs. 5,000.

Nature and Classification Under the BNSS First Schedule

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) First Schedule classifies the two sub-sections separately.

Section 297(1) Non-cognizable; bailable; triable by any Magistrate.
Section 297(2) Non-cognizable; bailable; triable by any Magistrate.

In the BNSS First Schedule, "non-cognizable" indicates that a police officer shall not arrest without warrant, subject to the governing procedural law.

Frequently Asked Questions on Section 297 BNS

What does Section 297(1) BNS prohibit?

It prohibits keeping an office or place for drawing a lottery that is neither a State lottery nor a lottery authorised by the State Government.

What is the punishment under Section 297(1)?

Imprisonment of either description up to six months, or fine, or both.

What does Section 297(2) prohibit?

It prohibits publishing specified proposals to pay money, deliver goods, do something or refrain from doing something for another person's benefit on an event or contingency connected with the drawing in such a lottery.

What is the punishment under Section 297(2)?

Fine up to Rs. 5,000.

Is Section 297 BNS cognizable?

No. Both Section 297(1) and Section 297(2) are classified as non-cognizable under the BNSS First Schedule.

Is Section 297 BNS bailable?

Yes. Both sub-sections are bailable.

Which court can try an offence under Section 297 BNS?

Both sub-sections are triable by any Magistrate.

Does Section 297 prohibit State lotteries?

Section 297(1) expressly excludes a State lottery and a lottery authorised by the State Government from the category described in that sub-section.

Related BNS Sections

This page is intended for general legal information. Statutory text, procedural requirements and application of law should be verified from official legislation, and competent legal advice should be obtained for a specific case.