Section 297 BNS: Keeping lottery office

Bharatiya Nyaya Sanhita, 2023

Section 297 BNS at a Glance

Section 297 BNS deals with keeping lottery office. It is bailable and non-cognizable; it replaced Section 294A IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term up to six months for keeping an unauthorised lottery office under Section 297(1) BNS; no imprisonment is prescribed for publishing lottery proposals under Section 297(2) BNS.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 294A →

Section 297 BNS Bare Act Text

(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.

Source: Section 297, Bharatiya Nyaya Sanhita, 2023

Section 297 BNS in the IPC (Previous Law)

Section 297 BNS replaced Section 294A IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 297 BNS

What does Section 297 BNS punish?▼

Section 297 BNS punishes two acts relating to a lottery that is neither a State lottery nor authorised by the State Government. Sub-section (1) punishes keeping an office or place for the purpose of drawing such a lottery, and sub-section (2) punishes publishing proposals to pay money, deliver goods, or do or forbear from doing anything for someone's benefit on a draw in such a lottery.

Is mere involvement in a lottery enough for Section 297 BNS?▼

Under Section 297(1) BNS, there must be proof that an office or place is kept for the purpose of drawing an unauthorised lottery. Under Section 297(2) BNS, a person can also be liable for publishing a proposal linked to the drawing of a ticket, lot, number, or figure in such a lottery.

What is the punishment under Section 297 BNS?▼

Keeping an unauthorised lottery office under Section 297(1) BNS is punishable with imprisonment of either description for up to six months, or with fine, or with both. Publishing proposals relating to such a lottery under Section 297(2) BNS is punishable with fine up to five thousand rupees.

Does Section 297 BNS apply to State-authorised lotteries?▼

No. Section 297 BNS expressly excludes a State lottery and a lottery authorised by the State Government.

What does Section 297(2) of the BNS punish in lottery cases?▼

Section 297(2) BNS punishes publishing a proposal linked to an unauthorised lottery. It covers publishing an offer to pay money, deliver goods, or do or not do something for someone’s benefit, if that offer depends on the drawing of a ticket, lot, number or figure in such a lottery.

What has to be proved for action under Section 297(2) BNS?▼

It must be shown that a proposal was published and that it was connected to the drawing of a ticket, lot, number or figure in a lottery that is not a State lottery or a lottery authorised by the State Government. The published proposal must be about paying money, giving goods, or doing or not doing something for a person’s benefit on that event or contingency.

What is the punishment under Section 297(2) of the Bharatiya Nyaya Sanhita?▼

The punishment in the text is fine which may extend to five thousand rupees. Section 297(2) BNS does not mention imprisonment for this specific act.

How is Section 297(2) different from keeping a lottery office under Section 297(1) BNS?▼

Section 297(2) deals with publishing a proposal connected to the drawing of an unauthorised lottery. Section 297(1) BNS is different because it punishes keeping an office or place for the purpose of drawing such a lottery, and the text there provides imprisonment up to six months, or fine, or both.

Section 297 BNS: Sub-sections Explained

Section 297(1) BNS: Keeping lottery office

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Bare Act Text

(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.

Explained in Simple Words

Section 297 of the Bharatiya Nyaya Sanhita (BNS) deals with keeping an unauthorised lottery office and publishing proposals relating to unauthorised lotteries. Under sub-section (1), it punishes anyone who keeps an office or place for the purpose of drawing any lottery that is not a State lottery or a lottery authorised by the State Government. Under sub-section (2), it punishes anyone who publishes a proposal to pay any sum, deliver any goods, or do or forbear from doing anything for the benefit of any person on any event or contingency linked to the drawing of a ticket, lot, number, or figure in such a lottery.

This section applies to persons maintaining premises for drawing an unauthorised lottery as well as those publishing prize or benefit proposals connected with such draws. It does not apply to a State lottery or a lottery authorised by the State Government.

In practice, cases arise where authorities find premises being kept to conduct unauthorised lottery draws or where notices, pamphlets, or advertisements are published offering prizes on the outcome of such draws.

Key Ingredients

  • Keeping any office or place for the purpose of drawing a lottery that is neither a State lottery nor a lottery authorised by the State Government, under sub-section 1
  • Publishing any proposal to pay any sum, deliver any goods, or do or forbear from doing anything for the benefit of any person, on an event or contingency relative to the drawing in such a lottery, under sub-section 2

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 Imprisonment of either description for a term up to six months for keeping an unauthorised lottery office under Section 297(1) BNS; no imprisonment is prescribed for publishing lottery proposals under Section 297(2) BNS.

💰 Fine for keeping a lottery office under Section 297(1) BNS; fine which may extend to five thousand rupees for publishing proposals under Section 297(2) BNS.

Under Section 297(1) BNS, keeping an unauthorised lottery office is punishable with imprisonment of either description for up to six months, or fine, or both. Under Section 297(2) BNS, publishing proposals relating to such lottery draws is punishable with fine only, which may extend to five thousand rupees.

Real-World Example

Mahesh rents a commercial room in a market plaza in Indore and uses it to conduct an unauthorised daily number lottery not authorised by the State Government. Mahesh organises the daily draws in that room, sells entry slips, and prints pamphlets offering cash rewards to participants whose chosen number is drawn. Mahesh kept a place for the purpose of drawing an unauthorised lottery, and published prize proposals connected with the draw. Mahesh is liable under Section 297 BNS.

When This Does Not Apply

  • The lottery is an official State lottery or a lottery authorised by the State Government
  • The person merely bought a lottery ticket or visited the premises as a customer without keeping the office or place
  • The publication did not relate to any proposal or contingency concerning the drawing of tickets in an unauthorised lottery

Previous Law

IPC 294A → Section 297(1) BNS

Section 294A IPC corresponds to Section 297(1) BNS. The heading is unchanged. Section 297(1) BNS formally divides the section into sub-section 1 for keeping an office or place for drawing an unauthorised lottery, and sub-section 2 for publishing proposals relating to such lottery draws. For the publishing offence in sub-section 2, the maximum fine is increased from one thousand rupees under Section 294A IPC to five thousand rupees under Section 297(1) BNS, and the phrase forbear doing is updated to forbear from doing. The six-month imprisonment maximum and fine for keeping a lottery office in sub-section 1 remain unchanged.

Section 297(2) BNS: Keeping lottery office

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Bare Act Text

(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.

Explained in Simple Words

Section 297(2) of the Bharatiya Nyaya Sanhita (BNS) applies to any person who publishes a proposal offering a prize or benefit linked to the drawing of an unauthorised lottery. Specifically, it covers publishing a proposal to pay any sum of money, to deliver any goods, or to do or forbear from doing anything for the benefit of any person, on an event or contingency relating to the drawing of any ticket, lot, number, or figure in such a lottery.

The phrase "any such lottery" refers back to Section 297(1) BNS, meaning a lottery that is neither a State lottery nor a lottery authorised by the State Government. To forbear from doing something means to hold back or refrain from doing an act, such as waiving a debt or charge if a particular number is drawn. Unlike Section 297(1) BNS, which punishes keeping a lottery office or place, this sub-section targets the publication of proposals promoting the draw.

A person convicted under Section 297(2) BNS shall be punished with fine which may extend to five thousand rupees, and no imprisonment is prescribed by this sub-section.

Key Ingredients

  • The accused published a proposal
  • The proposal was to pay money, deliver goods, or do or forbear from doing something
  • The proposal was for the benefit of a person
  • The proposal depended on an event or contingency related or applicable to the drawing of a ticket, lot, number or figure
  • The lottery was not a State lottery or a lottery authorised by the State Government

Punishment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

🔒 None prescribed by this sub-section.

💰 The offender shall be punished with fine which may extend to five thousand rupees.

Publishing a proposal to pay money, deliver goods, or do or forbear from doing anything for a person's benefit on the drawing of any ticket, lot, number, or figure in an unauthorised lottery is punishable with a fine of up to five thousand rupees.

Real-World Example

Rakesh runs a small printing shop in Kanpur. He prints and circulates pamphlets saying that anyone holding ticket number 458 in a local private lottery will get a motorbike, and holders of certain other numbers will receive cash and grocery vouchers. This lottery is not a State lottery and has no State Government authorisation. By publishing a proposal to pay money and deliver goods depending on the drawing of ticket numbers in that lottery, Rakesh's act falls within this section.

When This Does Not Apply

  • Publishing results or information about a State lottery
  • Publishing a proposal connected to a lottery authorised by the State Government
  • A prize scheme not linked to the drawing of any ticket, lot, number or figure
  • A private promise to gift money to a friend, with no publication and no lottery element

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·