(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.
Simplified Explanation
Section 297 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the illicit operation of lottery offices and the publication of related proposals that are not authorized by the State government. This section targets activities related to the organization or promotion of lotteries that are not state-sanctioned.
Detailed Explanation of Section 297
1. Unauthorized Lottery Offices (Sub-section 1):
- This sub-section criminalizes the operation of any office or place where a lottery is drawn (organized) if it is not a state lottery or a lottery authorized by the State government.
- State Lottery: A lottery that is officially organized and regulated by the state authorities.
- Unauthorized Lottery: Any lottery that is not authorized by the state, including illegal or private lotteries that may attempt to exploit the public.
- Punishment:
- The person found guilty of running such an office may face:
- Imprisonment: For a term that may extend to six months.
- Fine: A monetary fine may be imposed.
- Both: Imprisonment and fine can be imposed together.
- The person found guilty of running such an office may face:
2. Publication of Proposals Related to Unauthorized Lotteries (Sub-section 2):
- This sub-section criminalizes the publication of any proposal that:
- Offers to pay a sum of money.
- Promises to deliver goods.
- Commits to do or refrain from doing something.
- These actions are contingent on an event or contingency related to the drawing of tickets or numbers in an unauthorized lottery.
- Punishment:
- The person found guilty of publishing such proposals shall be punished with a fine, which may extend to 5,000 rupees.
Purpose of Section 297:
- Regulating Lotteries: This section is part of the government’s efforts to regulate gambling and lotteries. It ensures that only state-authorized lotteries are allowed to operate, protecting the public from unauthorized and potentially exploitative lottery schemes.
- Preventing Fraud: The law also seeks to protect individuals from fraudulent or unauthorized promises related to lotteries. By prohibiting the publication of such proposals, it ensures that people are not misled or defrauded by unregulated schemes.
- Maintaining Order: This section contributes to maintaining social order by discouraging unauthorized gambling practices, which can often lead to illegal activities and exploitation of the public.
Examples of Offenses Under Section 297:
- Example 1: A person who sets up a place or office to conduct a private lottery and draws lots without state authorization could be charged under this section.
- Example 2: An individual who publishes an advertisement or announcement offering to pay a sum of money based on the results of a private lottery (e.g., “Win money based on the lottery results, no government involvement”) would be guilty of an offense under Sub-section 2.
Key Points:
- The section targets unauthorized lotteries and related activities, specifically those that are not sanctioned by the State government.
- It also criminalizes the promotion or advertisement of such lotteries through the publication of false or misleading proposals.
- The punishments are designed to deter illegal lottery operations and to curb fraudulent activities in the public domain.
Conclusion:
Section 297 is focused on protecting the public from illegal lottery activities by prohibiting the operation of unapproved lottery offices and the publication of related proposals. This helps to maintain legal and regulated gambling activities while safeguarding the public from exploitation by unauthorized parties. The penalties include both imprisonment and fines, serving as a deterrent to those who attempt to operate or promote illegal lotteries.
