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Report No. 156

Clause 124

12.46. The existing section 294A deals with offence of keeping lottery office. This section is sought to be substituted by a new sections 294A and 294B under this clause. The existing section lays down that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery shall be punished with imprisonment and also deals with publication of any proposal to pay any sum. The new section is more elaborate and enumerates the various steps and prescribes the necessary punishment.

In view of the modern trends in proliferation of the lotteries, this new section is a salutary one and it is on the lines Recommended by the Law Commission in its 42nd Report. Likewise, section 294B though a new section only prescribe the necessary punishment in respect of the offences of sale, distribution of lottery tickets. Section 294B deals with the sale, distribution of lottery tickets of a State lottery without authorisation by the respective Governments and makes such sale punishable.

The object underlying is obvious, namely, to prevent illegal dealing with the State lottery tickets. In conformity with our recommendations on sentencing policy vide Chapter II, the punishment under these proposed new sections 294A and 294B should also be imprisonment and fine.

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