Keeping lottery office
Section 297 of the Bharatiya Nyaya Sanhita, 2023 deals with keeping lottery office. 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. The Act came into force on 01 Jul 2024.
(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.
Section 297, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 294A Keeping lottery office Text carried over almost unchanged 93%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Keeping a lottery office. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Publishing proposals relating to lotteries. | Fine of 5,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Chullikulath Muhammed Basheer vs The State of Kerala
Decided under Indian Penal Code 294A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Mere presence in a room where gaming or lottery activity is occurring, without evidence of actual participation in wagering or betting, is insufficient to constitute an offense under the Kerala Gaming Act 1960 or IPC Section 294A. The prosecution must establish that the accused was actually engaged in the prohibited activity, not merely present at the location.
On this section: Cited for the offense of keeping a lottery office or place for drawing any lottery not authorized by the State. Court found this section inapplicable to petitioners as they were not shown to be running the lottery operation.
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State of Punjab vs SANJAY JAIN
Decided under Indian Penal Code 294A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When prosecution witnesses provide consistent, unrebutted, and uncontradicted testimony corroborated by physical evidence recovered during a lawfully conducted undercover police operation and raid, and the accused fail to substantiate their defense of false implication, the court may convict the accused beyond reasonable doubt for operating an illegal gambling scheme in violation of the Public Gambling Act and for public indecency under the Indian Penal Code.
On this section: Offense of obscene acts and songs in public place; applied to the accused's public proclamation of gambling odds and terms to passersby
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 297
What have the courts held on Section 297 of the Bharatiya Nyaya Sanhita?
Chullikulath Muhammed Basheer vs The State of Kerala (18 Sep 2009) is the leading judgment on this section among those set out below, though it was decided under IPC 294A, which this section replaced -- the court never mentioned this Act: Cited for the offense of keeping a lottery office or place for drawing any lottery not authorized by the State. Court found this section inapplicable to petitioners as they were not shown to be running the lottery operation. Another 1 judgment on this section is set out below. They run from 2009 to 2022.
Is Section 297 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 297 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 297 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 297, section 297 BNS, section 297 of the Bharatiya Nyaya Sanhita. People searching for it also type 297 bns act and 297 bns punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Chullikulath Muhammed Basheer vs The State of Kerala (18 Sep 2009).
What should I read with Section 297 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 294A (Keeping lottery office), so the judgments decided under that provision are the case law on this one.
When did Section 297 of the Bharatiya Nyaya Sanhita come into force?
Section 297 of the Bharatiya Nyaya Sanhita, cited as BNS 297, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 101. Murder1177 words
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.