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Introduction of 297 BNS

297 BNS addresses the regulation of lotteries. It penalizes individuals who operate unauthorized lottery offices or promote them through advertisements or proposals. The section aims to prevent exploitation and safeguard public interest by imposing legal consequences on unauthorized lottery-related activities.


The Bharatiya Nyaya Sanhita (BNS) Section 297 replaces the old Indian Penal Code (IPC) Section 294-A.



What is BNS Section 297 ?

BNS Section 297 is a legal provision that criminalizes the operation of unauthorized lottery offices and the promotion of unapproved lotteries. It ensures accountability by imposing penalties such as imprisonment and fines to deter such illegal activities.


BNS Section 297 penalizes unauthorized lottery operations and promotions.
Strict penalties under BNS 297 for operating or promoting unauthorized lotteries.

BNS 297 in Simple Points

  1. Operation of Unauthorized Lottery Offices
    BNS Section 297(1) prohibits the operation of offices or places used to conduct unauthorized lotteries unless permitted by state authorities. This ensures control over gambling practices and protects the public from fraudulent schemes. Violators can face imprisonment of up to six months, a fine, or both. It also targets those exploiting public trust by conducting unregulated lotteries under false pretenses.
  2. Promotion of Unauthorized Lotteries
    Section 297(2) penalizes those who publish or promote lotteries through advertisements, proposals, or related materials. This includes promises of rewards based on lottery outcomes without state approval. The penalty is a fine of up to ₹5,000, discouraging individuals or groups from misleading the public.
  3. Focus on Public Protection
    The section emphasizes safeguarding the public from financial and emotional harm caused by illegal lotteries. By penalizing both organizers and promoters, it creates accountability at multiple levels, reducing the risk of scams and fraudulent activities.
  4. Classification of Offense
    Offenses under Section 297 are classified as non-cognizable, bailable, and non-compoundable. Non-cognizable means police cannot act without magistrate approval, bailable allows the accused to secure bail, and non-compoundable means the case cannot be settled between parties and must go through legal proceedings.
  5. Trial Procedure
    Cases under BNS Section 297 are triable by any magistrate, ensuring a swift legal process. This classification ensures that all accused individuals receive a fair trial while reducing the burden on higher courts. It promotes justice at the grassroots level for such violations.

Section 297 BNS Overview

BNS Section 297 criminalizes activities related to unauthorized lotteries. This includes:

  1. Keeping a lottery office or place for conducting unauthorized lotteries (except state lotteries or those authorized by the state government).
  2. Publishing proposals related to such lotteries, like offering goods or money based on lottery outcomes.

10 Key Points of BNS Section 297

1. Unauthorized Lottery Offices Prohibited

The section prohibits anyone from keeping an office or place for the purpose of conducting a lottery unless authorized by the state. Unauthorized lotteries often operate illegally, bypassing regulations meant to protect participants and prevent fraud. Violators face imprisonment up to six months, a fine, or both.

Publishing proposals, advertisements, or offers for unauthorized lotteries is a punishable offense. For example, offering prizes based on ticket numbers in an illegal lottery can lead to a fine of up to ₹5,000. This ensures that unauthorized lotteries do not exploit individuals through misleading advertisements.

3. Distinction Between Authorized and Unauthorized Lotteries

Lotteries authorized by the state or conducted as state lotteries are exempt from punishment under this section. This ensures that legally approved lotteries, which are regulated for fairness and transparency, can operate without hindrance.

4. Prevention of Fraud and Exploitation

Unauthorized lotteries are often linked to fraudulent activities, financial exploitation, and loss for participants. Section 297 safeguards the public by targeting the root of these issues: the operation and promotion of illegal lotteries.

5. Punishment for Violators

The punishment for keeping a lottery office is imprisonment up to six months, a fine, or both. For publishing lottery-related proposals, the punishment is a fine of up to ₹5,000. This ensures proportional penalties based on the nature of the offense.

6. Classification of the Offense

Offenses under Section 297 are non-cognizable (police require magistrate approval for arrest), bailable (the accused has a right to bail), and triable by any magistrate. This classification ensures a balanced approach between legal enforcement and the rights of the accused.

By penalizing unauthorized lotteries, the section also creates awareness about legal and illegal gambling practices. It emphasizes the importance of participating only in state-regulated lotteries to avoid legal and financial risks.

8. Role of Law Enforcement

While the offense is non-cognizable, law enforcement monitors suspicious lottery activities. If unauthorized lotteries are identified, law enforcement can seek judicial action under this section, ensuring compliance with state laws.

9. Focus on Social Welfare

Lotteries conducted without regulation can lead to gambling addiction, financial instability, and even criminal behavior. Section 297 helps curb these social harms by targeting the operation and promotion of unauthorized lottery systems.

10. Ensuring State Revenue and Transparency

State-authorized lotteries contribute to government revenue and operate under strict rules. Unauthorized lotteries bypass these systems, undermining state authority and financial transparency. Section 297 reinforces state control and ensures fairness.

Examples of BNS Section 297

1. Unauthorized Lottery Office:
A person sets up a place for selling lottery tickets without state approval and draws winners. This violates Section 297(1).

2. Advertising Unauthorized Lotteries:
An individual publishes an advertisement promising prizes based on unauthorized lottery tickets. This violates Section 297(2).


BNS 297 Punishment

  1. Punishment for Keeping a Lottery Office:
    Operating an unauthorized lottery office is punishable with imprisonment of up to 6 months, a fine, or both. This punishment targets those running or hosting illegal lottery operations to deter such activities.
  2. Fine for Publishing Lottery Proposals:
    Publishing, advertising, or promoting unauthorized lotteries can result in a fine of up to ₹5,000. This ensures that individuals or organizations promoting illegal lotteries are held accountable for misleading the public.

297 BNS  Punishment: Penalties for Unauthorized Lottery Operations
Severe penalties for keeping lottery offices and promoting unauthorized lotteries.

BNS 297 bailable or not ?

Yes, offenses under BNS Section 297 are bailable, meaning the accused can seek bail as a matter of right. The section classifies the offense as non-cognizable, so police action requires magistrate approval.


Bharatiya Nyaya Sanhita Section 297

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
297(1)Keeping a lottery officeImprisonment up to 6 months, fine, or bothBailableNon-CognizableAny Magistrate
297(2)Publishing lottery proposalsFine up to ₹5,000BailableNon-CognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 297

BNS Section 297 FAQs

What is the main focus of Section 297?

What is the maximum punishment for keeping a lottery office?

What fine is imposed for publishing lottery proposals?

A fine of up to ₹5,000 can be imposed for advertising or promoting unauthorized lotteries.

Is an offense under Section 297 bailable?

Who can try offenses under Section 297?


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