Indian criminal law | Updated 30 October 2026

IPC Section 294A and BNS Section 297: Keeping Lottery Office

Section 294A of the Indian Penal Code, 1860 penalised maintaining an office for an unauthorised lottery and publishing specified offers connected with such a lottery. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 297, applicable under the new criminal-law framework from 1 July 2024.

Current-law position: For conduct governed by the BNS, consult Section 297 rather than treating IPC Section 294A as the presently operative charging provision. The applicable law for earlier conduct, transitional cases and state-specific offences requires separate assessment.

Earlier provisionIPC Section 294A

Corresponding current provisionBNS Section 297

Unauthorised lottery officeUp to 6 months' imprisonment, or fine, or both

Publishing specified proposalFine up to Rs. 5,000 under BNS 297(2)

What does keeping a lottery office mean?

The provision addresses the keeping of an office or place for drawing a lottery that is neither a State lottery nor one authorised by the State Government. It also separately addresses publication of a proposal promising money, goods or another benefit dependent on the drawing of a ticket, lot, number or figure in such a lottery.

Under Section 2(b) of the Lotteries (Regulation) Act, 1998, a lottery generally means a scheme for distributing prizes by lot or chance to participants who purchase tickets. Whether a particular promotion is a lottery, a lawful prize competition or another regulated activity depends on its actual structure and applicable law.

IPC Section 294A: Earlier legal provision

Part one: Keeping an unauthorised lottery office

The first part punished a person who kept an office or place for drawing a lottery other than a State lottery or one authorised by the State Government. The punishment was imprisonment of either description for up to six months, or fine, or both.

Part two: Publishing a proposal linked to the drawing

The second part punished publication of a proposal to pay money, deliver goods, or do or refrain from doing something for a person's benefit depending on an event connected with the drawing of a ticket, lot, number or figure in such a lottery. The maximum fine under IPC Section 294A was Rs. 1,000.

BNS Section 297: Current law and punishment

Section 297(1) continues the prohibition on keeping an office or place for drawing an unauthorised lottery. It provides imprisonment of either description for a term extending to six months, or fine, or both. It does not prescribe a numerical maximum fine in this subsection.

Section 297(2) concerns publication of the specified lottery-related proposal. The maximum fine is now Rs. 5,000. The provision is distinct from the office-keeping offence and does not prescribe imprisonment for the publication limb itself.

Issue	IPC Section 294A	BNS Section 297
Keeping an unauthorised lottery office	Up to 6 months' imprisonment, or fine, or both	Up to 6 months' imprisonment, or fine, or both
Publishing a specified proposal linked to an unauthorised lottery	Fine up to Rs. 1,000	Fine up to Rs. 5,000
State lottery or State Government-authorised lottery	Excluded from office-keeping limb	Excluded from office-keeping limb
Applicable framework	Earlier IPC regime, subject to savings and transition	BNS framework from 1 July 2024

Essential ingredients of the offence

For keeping a lottery office under BNS Section 297(1)

An identifiable office or place was kept or maintained.
Its purpose was the drawing of a lottery.
The lottery was not a State lottery or one authorised by the State Government.
The evidence connects the accused with keeping that office or place.

For publication under BNS Section 297(2)

A proposal was published.
It offered money, goods, or another benefit or undertaking.
The proposed benefit depended on an event or contingency related to drawing a ticket, lot, number or figure in an unauthorised lottery.

Evidence may include advertisements, tickets, records of draws, payment trails, premises documents, messages and relevant permissions. The prosecution must establish the statutory ingredients; the mere use of the word "lottery" in a business name is not by itself sufficient.

Lotteries (Regulation) Act, 1998: Additional rules

The Lotteries (Regulation) Act, 1998 operates alongside the criminal-law provisions. Its relevant sections include:

Section 2(b): defines a lottery by reference to prizes distributed by chance to persons purchasing tickets.
Section 3: restricts State Governments from organising, conducting or promoting lotteries except as permitted by Section 4.
Section 4: lays down conditions for State lotteries, including State-issued tickets, State-controlled draws and other prescribed safeguards.
Section 5: permits a State Government to prohibit, within its territory, sale of tickets of lotteries organised by other states.
Section 6: authorises Central Government prohibition orders in specified circumstances.
Sections 7 and 8: provide penalties and declare offences under that Act cognizable and non-bailable. This classification concerns offences under the Lotteries (Regulation) Act, not automatically every BNS Section 297 case.

State lottery laws, rules, notifications and applicable licensing requirements must also be checked before organising, advertising or selling lottery tickets. A government-issued ticket from one state is not a universal authorisation to sell it everywhere in India.

Practical examples

Unauthorised draw office: A person maintains a premises where paid lottery tickets are drawn without State Government authorisation. This may engage BNS Section 297(1), depending on proof of the elements.
Publication of lottery offer: An advertisement promises cash based on a number drawn in an unauthorised lottery. BNS Section 297(2) may be relevant.
State-authorised scheme: A properly authorised state lottery is not made unlawful solely by BNS Section 297(1), but it must comply with the Lotteries (Regulation) Act and local restrictions.
Online scheme: A website offering paid chances to win may raise lottery, state gambling, cyber and consumer-protection questions; classification depends on the scheme and applicable jurisdiction.

Police procedure and jurisdiction

Procedural treatment depends on the precise offence alleged, the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, and any applicable special or state legislation. In particular, the cognizable and non-bailable rule in Section 8 of the Lotteries (Regulation) Act applies to offences under that Act; it should not be presented as the automatic classification of BNS Section 297. For any actual complaint, verify the invoked provisions and current statutory schedule.

Frequently asked questions

What is the current equivalent of IPC Section 294A?

Section 297 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for keeping an unauthorised lottery office and publishing proposals linked to such lotteries.

What is the punishment under BNS Section 297(1)?

Imprisonment of either description up to six months, or fine, or both. The provision does not specify a numerical maximum fine.

What is the punishment for publishing a lottery-related proposal?

BNS Section 297(2) prescribes a fine up to Rs. 5,000. The earlier IPC Section 294A specified a fine up to Rs. 1,000.

Are all lotteries illegal in India?

No. State lotteries or lotteries authorised by the State Government may be lawful subject to applicable central and state laws, including the Lotteries (Regulation) Act, 1998.

Does a lottery licence automatically permit sales in every state?

No. Section 5 of the Lotteries (Regulation) Act, 1998 permits a State Government to prohibit sale of tickets of lotteries organised by other states within its territory.

Official legal sources

Legal note: This article provides general legal information, not case-specific advice. Check the latest amendments, applicable state law and official notifications before relying on it for litigation or business decisions.