Report No. 42
114. Substitution of new section for section 294A.-
For section 294A of the Code, the following section shall be substituted, namely.-
"294A. Offences in connection with lotteries.-(1) Whoever, in connection with any lottery promoted or proposed to be promoted, whether in India or elsewhere.-
(a) prints any tickets for use in the lottery; or
(b) sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, any tickets or chances in the lottery; or
(c) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution
(i) any advertisement of the lottery; or
(ii) any list, whether complete or not, of prize winners or winning tickets in the lottery; or
(iii) any such matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery, as is calculated to act as an inducement to persons to participate in that lottery or in other lotteries; or
(d) brings, or invites any person to send, into India for the purpose of sale or distribution any ticket in, or advertisement of, the lottery; or
(e) sends or attempts to send out of India any money or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution or the identity of the holder, of any ticket or chance in the lottery; or
(f) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the lottery; or
(g) causes, procures or attempts to procure any person to do any of the above-mentioned acts, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(2) Nothing in this section applies in relation to a lottery which is a State lottery or is authorised by the State Government.
(3) The State Government may authorise a lottery with reference to this section, where it is satisfied tha.-
(a) the profits of the lottery are to be appropriated towards any charitable purposes; or
(b) participation in the lottery is confined to the members of a society or other group of persons, and is not open to the public; or
(c) the lottery is incidental to an entertainment; or
(d) it is otherwise in the public interest to authorise the lottery."