The Bharatiya Nyaya Sanhita (BNS) 2023 has replaced the old Indian Penal Code. This new law aims to simplify and modernize India’s criminal justice system. One of the interesting inclusions is BNS Section 297, which talks about “Keeping a lottery office.” Let’s break this down in simple terms.
Short Note on BNS Section 297 Keeping Lottery Office
BNS Section 297 deals with unlawful lotteries.
It punishes anyone who owns, maintains, or runs a lottery office that is not legally authorized.
In simple words, if you operate or help operate a lottery business that is not approved by the government, you can be punished under this section.
BNS Section 297 Keeping Lottery Office: What Exactly Is a Lottery Office?
A lottery office is a place where
lottery tickets are sold
bets or stakes are collected
the lottery is organized or promoted
Not all lotteries are illegal. Government-authorized lotteries (like state lotteries) are legal.
But private or underground lotteries—often seen in back alleys or online—are not permitted.
Text of BNS Section 297 Keeping Lottery Office
The actual section states:
“Whoever keeps any office or place for the purpose of drawing any lottery not authorized by law shall be punished with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
Key Elements of the Offense
To understand BNS Section 297, here are the important elements:
The accused keeps or runs an office or place
The place is used for conducting or promoting an unauthorized lottery
The lottery is not authorized by law
The act is done knowingly and voluntarily
Punishment under BNS Section 297 Keeping Lottery Office
Imprisonment – up to 6 months
Fine – up to Rs. 1,000
Or both
This makes it a bailable, non-cognizable offense.
The punishment may seem light, but the aim is to discourage small, illegal lottery setups which often lead to exploitation.
BNS Section 297 Keeping Lottery Office: Case Laws on Keeping Lottery Office
State of Maharashtra v. M.D. Patel (1980)
In this case, the accused was running a lottery business from a tea stall. The court held that since the lottery was not state-approved, he was liable under the then IPC equivalent of Section 297.
Court’s observation: Running a lottery without legal sanction is a punishable act, no matter how small-scale the operation.
K.R. Lakshmanan v. State of Tamil Nadu (1996)
This case was about horse racing and betting, but the court made important remarks on what constitutes gaming and gambling.
Supreme Court said: Any activity where luck dominates skill can be termed gambling.
This helped later cases involving lotteries.
Directorate of Enforcement v. M.S. Shiva (2022)
The ED investigated a crypto-based lottery scam. Although this was under PMLA, the court also referenced sections dealing with illegal lotteries.
This showed that illegal lotteries are going digital and need stronger law enforcement.
Why Is BNS Section 297 Keeping Lottery Office Important Today?
Lotteries seem harmless. But illegal lotteries:
Exploit poor and uneducated people
Encourage gambling addictions
Lead to money laundering and black-market dealings
Often fund other crimes
So, BNS Section 297 Keeping Lottery Office tries to nip the problem at the root—by punishing the organizers.
Difference Between Legal and Illegal Lotteries
Legal Lottery
State-approved (like Kerala)
Regulated and taxed
Transparent draws
Punishment for fraud exists
Illegal Lottery
Private or underground setups
Unregulated and untaxed
Often rigged or manipulated
No accountability
Public View and Misunderstanding
Many people don’t realize that keeping or hosting a lottery—even from a mobile shop or street corner—is a punishable offense unless it’s authorized.
Sometimes, people keep a small “lottery board” without understanding the legal risks.
BNS Section 297 aims to create awareness and enforce accountability.
How to Stay Safe Legally?
Don’t host or promote any lottery unless licensed
If you sell lottery tickets, make sure it’s government-approved
Avoid participating in suspicious online lottery schemes
Report any unlicensed lottery setups to authorities
Summary
BNS Section 297 punishes those who keep or run an unauthorized lottery office.
It aims to stop illegal gambling and protect the public.
The punishment may go up to 6 months in jail or Rs. 1,000 fine.
Legal lotteries must be authorized by state or central government.
Several case laws have helped courts interpret this provision strictly.
Disclaimer
This article is for general legal awareness.
It does not constitute legal advice. For personal or professional legal concerns, please consult a qualified criminal lawyer.
Would you like a similar explanation for BNS Section 296 or 298?
