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Section 297: Keeping Lottery Office / Publishing Lottery Proposals

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 294A IPC
Section 296 All 358 Sections of Bharatiya Nyaya Sanhita Section 298

Legal Commentary & Landmark Judgments: Section 297

Section 297 penalises keeping any lottery office or publishing any proposal for unauthorized lotteries, protecting public financial security from illicit gambling syndicates.

  • Unauthorised Lottery: A lottery scheme not authorized by the State Government under the Lotteries (Regulation) Act, 1998.
  • Operation or Promotion: Keeping an office or place for drawing lotteries, or printing, publishing, or circulating lottery advertisements.
  • Financial Exploitation: Exploiting the public through unauthorized chance-based betting schemes.
Key Landmark Precedents:
  • B.R. Enterprises v. State of U.P. (1999) 9 SCC 700: The Supreme Court upheld the constitutional power of States to ban lotteries, ruling that gambling is res extra commercium and does not enjoy Article 19(1)(g) trade protection.
  • State of Bombay v. R.M.D. Chamarbaugwala AIR 1957 SC 699: The Constitution Bench established that betting and gambling competitions depending purely on chance are illegal and subject to penal prohibition.
Courtroom Practice & Strategic Litigation Guidance:

Check whether the lottery was organized by an authorized State Government complying with the Lotteries (Regulation) Act, 1998. Paperless online gaming requires scrutiny under state gambling and IT enactments.

Section 296 All 358 Sections of Bharatiya Nyaya Sanhita Section 298