BNS Section 297: Keeping a Lottery Office (IPC 294A Mapping) (2026)
What Section 297 of the Bharatiya Nyaya Sanhita (BNS) really covers: keeping an unauthorised lottery office, not trespass on a burial place. How it maps to the old Section 294A of the IPC, the two clauses, the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 297 of the Bharatiya Nyaya Sanhita (BNS) punishes a person who keeps an office or place for drawing an unauthorised lottery. It is a gambling-related offence, not a trespass offence. If you searched for "BNS Section 297" expecting trespass on a burial place, that is a renumbering mix-up, because the old IPC used the number 297 for that trespass offence. The lottery office offence was Section 294A of the Indian Penal Code (IPC), and it is now Section 297 of the BNS. This explainer sets out what the section really covers, how it maps to the old law, the two clauses, the punishment, and the classification. Last verified October 2026.
- True topic: Section 297 of the BNS punishes keeping an unauthorised lottery office, not trespass on a burial place.
- Old section: it carries forward Section 294A of the IPC. The old IPC 297 burial-place offence is now BNS 302.
- Punishment: clause (1), up to six months or fine or both; clause (2), fine up to Rs 5,000.
- Classification: non-cognizable, bailable, triable by any Magistrate (confirm the BNSS First Schedule).
01Why the number can mislead
The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code (IPC) on 1 July 2024. Many numbers moved, and a few now point to a completely different offence. The number 297 is a clear example.
Under the old IPC, Section 297 dealt with trespass on burial places and disturbing a funeral. Under the BNS, Section 297 deals with keeping a lottery office. The trespass offence is now at a different number. So read the words of the section before you rely on it.
02What Section 297 covers
Section 297 of the BNS has two parts. The first punishes a person who keeps an office or place to draw a lottery, other than a State lottery or a lottery authorised by the State Government. The second punishes a person who publishes a proposal to pay money, deliver goods, or do or forbear from doing anything for the benefit of any person, on an event or contingency relating to the drawing of a ticket, lot, number or figure in such an unauthorised lottery.
State lotteries are excluded
The offence targets unauthorised lotteries. A State lottery, and a lottery the State Government authorises, are outside the section.
03Key ingredients
The two clauses target two kinds of conduct:
- Clause (1), keeping a lottery office: the accused kept an office or place for the purpose of drawing a lottery that was not a State or State-authorised lottery.
- Clause (2), publishing a lottery proposal: the accused published a proposal to pay money, deliver goods, or act for a person on an event relating to a ticket, lot, number or figure in such a lottery.
The focus is on running or promoting an unauthorised lottery, not on buying a ticket. Lottery regulation also sits in separate laws, such as the Lotteries (Regulation) Act, 1998, which governs when a State may run or permit a lottery.
04Old to new: IPC 294A to BNS 297
Section 297 of the BNS carries forward Section 294A of the IPC. The two-clause structure is kept.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Keeping a lottery office | Section 294A | Section 297 |
| Trespass on a burial place or funeral | Section 297 | Section 302 |
| Clause (1) punishment | Up to 6 months, or fine, or both | Up to 6 months, or fine, or both |
So the number 297 changed meaning. The lottery office offence moved from Section 294A of the IPC to Section 297 of the BNS, and the old burial-place trespass offence moved to a new number. This is why the heading had to be corrected.
05Punishment and classification
Under clause (1), keeping a lottery office, the punishment is imprisonment of either description for a term which may extend to six months, or fine, or both. Under clause (2), publishing a lottery proposal, the punishment is a fine which may extend to five thousand rupees.
On classification, the offence is generally:
- Non-cognizable: the police generally need a Magistrate order to investigate.
- Bailable: bail is a matter of right, subject to conditions.
- Triable by any Magistrate.
Please confirm the exact classification in the First Schedule of the BNSS before you act.
06What this means in practice
In practice, Section 297 is used against persons who run or promote an unauthorised lottery. It works alongside the Lotteries (Regulation) Act and State rules, which decide which lotteries are lawful in the first place.
Because the text follows Section 294A of the IPC, older judgments on Section 294A still guide how Section 297 is read. When you research, search both numbers, and be careful not to pull in old Section 297 cases, which were about burial places. For the wider renumbering pattern, see the offence of fouling water of a public spring or reservoir.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Lottery prosecutions often rise or fall on whether a scheme was a lottery at all and whether a State had authorised it, so the earlier rulings matter. Claw opens a base of more than 30 crore judgments and orders and lets you follow every hearing, order and listing under Section 294A or Section 297 across 9,102 courts, benches and forums, with each query answered in under five seconds. Its High Court records run from 1990 and Supreme Court records from 1950, so the long line of gambling-law decisions is within reach.
Claw does not feed the documents you upload into the training of its AI models. Create a free Claw account to search and monitor lottery-office matters by party or advocate name. To range across the wider law, use case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 297, BNS (bare text): devgan.in
- PRS Legislative Research (BNS and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What does Section 297 of the BNS cover?
Section 297 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who keeps an office or place to draw an unauthorised lottery, and a person who publishes a proposal relating to such a lottery. State lotteries and State-authorised lotteries are excluded. It carries forward Section 294A of the IPC.
Is BNS Section 297 about trespass on a burial place?
No. That was the old IPC Section 297. Under the BNS, that trespass offence moved to a different number, and Section 297 now deals with keeping a lottery office.
What is the punishment under BNS Section 297?
For keeping a lottery office, imprisonment up to six months, or fine, or both. For publishing a lottery proposal, a fine up to five thousand rupees.
Which old IPC section does BNS 297 replace?
It replaces Section 294A of the IPC. The old IPC Section 297, trespass on a burial place or disturbing a funeral, is now Section 302 of the BNS.
Is the offence under Section 297 bailable?
The offence is generally non-cognizable and bailable, triable by any Magistrate. Please confirm the First Schedule of the BNSS before you act.
Can I track a case under Section 297 in Claw?
Yes. With a free Claw account you can trace a Section 297 or Section 294A matter and search by section, party or advocate across 9,102 courts, benches and forums, with answers in under five seconds drawn from more than 30 crore judgments. Claw researches and tracks the matter; it does not give legal advice.