Code: Section 297 BNS
(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.
Explanation of Section 297 BNS
Section 297 of the Bharatiya Nyaya Sanhita (BNS) is designed to regulate the operation of lotteries in India. It prohibits the unauthorized conduct of lotteries and any promotional activities related to such lotteries that aren’t sanctioned by the State Government.
The law aims to prevent illegal gambling activities, protect the public from fraudulent schemes, and ensure that only legally authorized lotteries are conducted under strict government supervision.
Illustration
Example 1: Running an Unauthorized Lottery Office
A person opens an office in a city where lottery tickets are sold, and the lottery is not authorized by the State Government. This person can be punished under Section 297(1).
Example 2: Advertising an Illegal Lottery
An individual advertises on social media, offering rewards based on the outcome of an unauthorized lottery. This person can be fined under Section 297(2).
Common Questions and Answers on Section 297 BNS
1. What is considered an “unauthorized lottery” under Section 297?
- Answer: Any lottery that is not conducted by the State Government or not authorized by the State Government.
2. Can I organize a lottery for charity without government approval?
- Answer: No, even if it’s for charity, it must be authorized by the State Government to be legal under the law.
3. What are the penalties for violating this section?
- Answer:
- For keeping an unauthorized lottery office: Up to 6 months imprisonment, or a fine, or both.
- For publishing unauthorized lottery proposals: A fine of up to ₹5,000.
4. Does this section apply to online lotteries?
- Answer: Yes, online lotteries are subject to the same rules. If they are unauthorized, both the operators and promoters can face legal consequences.
Conclusion
Section 297 of the Bharatiya Nyaya Sanhita (BNS) helps maintain transparency and legality in lottery activities across India. It discourages unauthorized gambling, protects individuals from potential fraud, and ensures that only legally sanctioned lotteries operate under strict government control.
So, whether it’s a physical lottery office or an online lottery platform, authorization from the State Government is a must to avoid legal trouble.
