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KembaraXtra - Bharatiya Nyaya Sanhita - Section 297: Keeping Lottery Office
Q1. What does Section 297 of the Bharatiya Nyaya Sanhita deal with?
Answer:
Section 297 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the keeping of an office or place for the purpose of drawing an unauthorised lottery, and with the publication of proposals connected with such a lottery.
The section distinguishes between:
- Keeping or maintaining a place for drawing an unauthorised lottery; and
- Publishing proposals connected with benefits dependent on the result of such a lottery.
Basic Formula
Unauthorised lottery office + related published proposal = Section 297
Q2. What lotteries are excluded from Section 297?
Answer:
Section 297 does not apply to:
- A State lottery; or
- A lottery authorised by the State Government.
Therefore, the offence is concerned with lotteries that lack such lawful State authority.
Q3. Which IPC provision corresponds to Section 297 BNS?
Answer:
According to the supplied comments:
Section 297 BNS → Section 294A IPC
The language remains substantially unchanged.
However, two changes are highlighted:
- The provision has been divided into separate sub-sections; and
- The maximum fine under the second part has been increased from ₹1,000 to ₹5,000.
Q4. How is Section 297 structured?
Answer:
Section 297 contains two sub-sections.
Section 297(1)
Punishes keeping an office or place for drawing an unauthorised lottery.
Section 297(2)
Punishes publication of certain proposals connected with the result of such a lottery.
Q5. What does Section 297(1) punish?
Answer:
Section 297(1) applies where a person keeps:
- Any office; or
- Any place
for the purpose of drawing a lottery that is neither:
- A State lottery; nor
- Authorised by the State Government.
Thus, the focus is on maintaining the operational place from which the unauthorised lottery is drawn.
Q6. What are the essential ingredients of Section 297(1)?
Answer:
The principal ingredients are:
1. The accused must keep an office or place.
2. The office or place must be used for the purpose of drawing a lottery.
3. The lottery must not be:
o A State lottery; or
o Authorised by the State Government.
Memory Formula
Office/place + lottery drawing + no State authority = Section 297(1)
Q7. What does “keeps any office or place” mean?
Answer:
The phrase refers to maintaining, operating or making available a location for the purpose of conducting the lottery drawing.
The focus is on the use of the place as part of the unauthorised lottery operation.
Q8. Must the place be a formal commercial office?
Answer:
No.
The section uses the broad expression:
“any office or place”
Therefore, the provision is not restricted to premises formally called an office.
Any place maintained for the purpose of drawing the unauthorised lottery may potentially fall within the section.
Q9. Must an actual lottery drawing take place before Section 297(1) can apply?
Answer:
The wording focuses on keeping the office or place “for the purpose of drawing” the lottery.
Therefore, the offence is connected with maintaining the place for that prohibited purpose.
The exact factual application would depend on proof that the place was indeed being kept for such a lottery.
Q10. What is the punishment under Section 297(1)?
Answer:
A person convicted under Section 297(1) may be punished with:
- Imprisonment of either description for a term which may extend to six months; or
- Fine; or
- Both.
Punishment Formula
Up to 6 months / fine / both
Q11. What does Section 297(2) punish?
Answer:
Section 297(2) punishes a person who publishes a proposal to:
- Pay any sum;
- Deliver any goods;
- Do anything; or
- Refrain from doing anything,
for the benefit of any person, where the proposed benefit depends on an event or contingency connected with the drawing of:
- A ticket;
- Lot;
- Number; or
- Figure
in the unauthorised lottery.
Q12. What is the central idea behind Section 297(2)?
Answer:
Section 297(2) targets the public promotion or offer of benefits linked to the result of an unauthorised lottery.
Thus, the offence is not limited to physically operating the lottery office.
It also reaches proposals designed to attract participation by promising rewards or benefits based on the lottery result.
Q13. What are the essential ingredients of Section 297(2)?
Answer:
The main ingredients are:
1. A proposal must be published.
2. The proposal must promise:
o Payment of money;
o Delivery of goods;
o Doing something; or
o Refraining from doing something.
3. The proposal must be for the benefit of a person.
4. The benefit must depend upon an event or contingency connected with the drawing of:
o Ticket;
o Lot;
o Number; or
o Figure.
5. The underlying lottery must be the unauthorised lottery contemplated by the section.
Q14. What does “publishes any proposal” mean for study purposes?
Answer:
The phrase refers to making the proposal known or communicating it to others.
The proposal must concern a benefit linked to the outcome of the unauthorised lottery.
The section therefore targets the promotional or representational side of the lottery activity.
Q15. What kinds of benefits are covered by Section 297(2)?
Answer:
The provision is broad.
It covers proposals to:
- Pay money;
- Deliver goods;
- Perform an act;
- Refrain from performing an act.
Thus, the promised benefit need not always be cash.
Q16. Must the proposal concern a ticket only?
Answer:
No.
The section expressly includes contingencies connected with:
- A ticket;
- A lot;
- A number; or
- A figure.
This broad language is designed to cover different formats of lottery drawing.
Q17. Give a simple example of Section 297(1).
Answer:
A maintains a room where an unauthorised private lottery is regularly drawn.
The lottery is neither a State lottery nor authorised by the State Government.
A may fall within Section 297(1).
Q18. Give a simple example of Section 297(2).
Answer:
A publishes an announcement stating that whoever holds the number selected in an unauthorised lottery will receive ₹10,000.
This may fall within Section 297(2), because the proposal promises a benefit dependent on the result of the unauthorised lottery.
Q19. Can goods instead of money be promised?
Answer:
Yes.
The provision expressly refers to delivering goods.
For example, a person may advertise that the holder of the winning ticket in an unauthorised lottery will receive a television or other item.
Such a proposal may fall within Section 297(2).
Q20. Can the promised benefit involve doing something rather than giving property?
Answer:
Yes.
Section 297(2) expressly includes a proposal:
- To do something; or
- To forbear from doing something
for the benefit of a person, depending on the lottery result.
Thus, the section extends beyond monetary or material prizes.
Q21. What does “event or contingency” mean in this context?
Answer:
It refers to the uncertain outcome upon which the promised benefit depends.
For example:
- A particular number being drawn;
- A ticket being selected;
- A certain lot being chosen.
The benefit is contingent upon the lottery result.
Q22. What is the punishment under Section 297(2)?
Answer:
A person convicted under Section 297(2) may be punished with:
- Fine which may extend to ₹5,000.
No imprisonment is specified in the supplied text for this sub-section.
Q23. What is the important change in the fine under the BNS?
Answer:
According to the supplied comments, the maximum fine under the corresponding IPC provision was:
₹1,000
Under Section 297(2) BNS, it has been increased to:
₹5,000
Memory Rule
IPC ₹1,000 → BNS ₹5,000
Q24. What is the classification of Section 297(1)?
Answer:
According to the supplied classification, Section 297(1) is:
- Non-cognizable
- Bailable
- Triable by any Magistrate
Q25. What is the classification of Section 297(2)?
Answer:
Section 297(2) carries the same supplied classification:
- Non-cognizable
- Bailable
- Triable by any Magistrate
Q26. What is the principal difference between Sections 297(1) and 297(2)?
Answer:
Section 297(1)
Focuses on maintaining the place from which the unauthorised lottery is drawn.
Section 297(2)
Focuses on publishing proposals offering benefits linked to the result of that lottery.
Memory Rule
297(1) = KEEP THE LOTTERY PLACE
297(2) = ADVERTISE THE LOTTERY BENEFIT
Q27. Does Section 297 prohibit State lotteries?
Answer:
No.
The statutory wording expressly excludes:
- State lotteries; and
- Lotteries authorised by the State Government.
The offence is therefore directed against unauthorised lottery operations.
Q28. Why is State authorisation important?
Answer:
State authorisation distinguishes lawful or permitted lottery activity from the type of unauthorised operation prohibited by Section 297.
Thus, the legal status of the lottery is a central fact.
Q29. Is every game of chance automatically covered by Section 297?
Answer:
The provision specifically addresses a lottery and related drawing of:
- Tickets;
- Lots;
- Numbers; or
- Figures.
Therefore, the precise nature of the activity must fall within the lottery concept contemplated by the section.
Q30. What must the prosecution broadly prove under Section 297(1)?
Answer:
The prosecution must establish that:
1. The accused kept an office or place.
2. It was kept for the purpose of drawing a lottery.
3. The lottery was not:
o A State lottery; or
o Authorised by the State Government.
Q31. What must the prosecution broadly prove under Section 297(2)?
Answer:
The prosecution must establish that:
1. The accused published a proposal.
2. The proposal promised some benefit.
3. The benefit depended on an event or contingency linked to:
o Ticket;
o Lot;
o Number; or
o Figure.
4. The underlying lottery was unauthorised.
Q32. Has the language of the section otherwise changed from the IPC?
Answer:
According to the supplied comments, the language remains substantially unchanged.
The two identified changes are:
1. Division of the section into sub-sections; and
2. Increase of the maximum fine from ₹1,000 to ₹5,000 under the second sub-section.
Key Provisions (Study Notes)
Section 297(1) — Keeping Lottery Office
Act
Keeping an office or place.
Purpose
Drawing a lottery.
Lottery
Must not be:
- State lottery; or
- State Government-authorised lottery.
Punishment
Up to 6 months / fine / both
Section 297(2) — Publishing Lottery Proposal
Act
Publishing a proposal.
Benefit Promised
- Money
- Goods
- Doing something
- Forbearing from doing something
Condition
Benefit depends on a lottery-related event or contingency involving:
- Ticket
- Lot
- Number
- Figure
Punishment
Fine up to ₹5,000
BNS Changes from IPC Section 294A
According to the supplied comments:
IPC Equivalent
Section 294A IPC
Change 1
Provision divided into:
- Section 297(1)
- Section 297(2)
Change 2
Maximum fine increased:
₹1,000 → ₹5,000
Quick Revision Notes
Section
297 BNS
IPC Equivalent
294A IPC
297(1)
Keeping place for unauthorised lottery.
Punishment
Up to 6 months / fine / both
297(2)
Publishing benefit proposal linked to unauthorised lottery result.
Punishment
Fine up to ₹5,000
Classification
Both:
Non-cognizable + Bailable + Any Magistrate
Ultimate Memory Formula
SECTION 297(1)
UNAUTHORISED LOTTERY
+
OFFICE / PLACE
+
KEPT FOR DRAWING
=
KEEPING LOTTERY OFFICE
SECTION 297(2)
UNAUTHORISED LOTTERY
+
PUBLISHED PROPOSAL
+
BENEFIT DEPENDS ON DRAW
=
PUBLISHING LOTTERY PROPOSAL
Key Takeaway
Section 297 BNS deals with unauthorised lottery activity in two distinct ways.
Section 297(1) punishes the person who keeps an office or place for drawing a lottery that is neither a State lottery nor authorised by the State Government.
Section 297(2) punishes the publication of proposals offering money, goods or other benefits depending upon the result of such an unauthorised lottery.
The section corresponds to Section 294A IPC. The principal BNS changes identified in the supplied comments are the division into two sub-sections and the increase of the maximum fine under sub-section (2) from ₹1,000 to ₹5,000.
For rapid revision:
297(1) = KEEP THE UNAUTHORISED LOTTERY PLACE
297(2) = PUBLISH THE UNAUTHORISED LOTTERY OFFER
