The absence of statutory restrictions on the resale of match tickets negates an offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.

ORDER :

The captioned petition is filed seeking the following reliefs:

a) Quash the entire Chargesheet in C.C.No.23388/2025 pending on the file of 1^st Additional Chief Judicial Magistrate, Bangalore, arising out of in Crime No.139/2025 registered by the Yeshwanthpura PS, for the offences punishable under Sections 318 (4) of Bharatiya Nagarik Suraksha Sanhita Annexure-A.

b) Pass such other order as deemed fit in view of the facts and circumstances of the case in the interest of justice.

2. I have heard the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader representing the respondent–State. I have also carefully perused the material available on record.

3. The material placed before this Court discloses that the respondent–Police have initiated criminal proceedings against the petitioner for the alleged offence of reselling tickets for Indian Premier League (IPL) matches at a price higher than their face value, an act said to be punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita, 2023.

4. A close examination of the complaint and the First Information Report indicates that specific allegations have been levelled against the petitioner to the effect that he was engaged in reselling IPL match tickets for monetary gain, over and above the printed price. On that premise, prosecution has been launched invoking Section 318 (4) of the BNS , 2023.

5. It is pertinent to note that, in an identical fact situation, a Co-ordinate Bench of this Court, while disposing of Criminal Petition No.7476/2025 by order dated 27.05.2025, has observed as follows:

"1. Learned High Court Government Pleader accepts notice for respondent-State.

2. The petitioner is before this Court seeking for the following reliefs:

"WHEREFORE, the petitioner prays that this Hon'ble may be pleased to:

i. Quash the F.I.R. initiated by the respondent/Police in FIR No.0215/2025 therein, for the offence punishable under Sec.318(4) of Bharatiya Nagarika Suraksha Sanhita, 2023, pending before the 41st Addl. C.M.M COURT, Nrupatunga Road, Bengaluru, against the petitioner;"

3. The FIR in 215/2025 has been registered by the Bellanduru Police Station on the allegation that the petitioner had purchased tickets for the Indian Premier League to be held in the Chinnaswamy Stadium, Bengaluru for a sum of Rs.1200/- per ticket and sold ten of those tickets to certain others at Rs.6,000/- per ticket and on that basis an offence under Section 318 (4) the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS , 2023') is alleged against the petitioner.

4. The submission of learned counsel for the petitioner is that the petitioner had booked the tickets but due to certain unavoidable circumstances could not attend the said match and in that background he sold the tickets, there being no restriction for such sale or resale since the tickets are transferable.

5. In that regard, he relies upon the decision of the Hon'ble Punjab and Haryana High Court in MANDEEP SINGH Vs. STATE OF U.T. CHANDIGARH AND ANOTHER reported in 2015 SCC online P&H 13773 on particularly paragraph-15 thereof which is reproduced hereunder:

"15. In India, there is no legal restriction against reselling match tickets. There is a restriction for transfer of some train tickets but not all of them and are non- transferable. It is not the case here that the tickets were fake. It is not the case of the prosecution that the tickets were not transferable."

6. Relying on Mandeep Singh's case, the submission of learned counsel for the petitioner is that there being no restriction on reselling match tickets there cannot be any offence which could be said to be made out under Section 318 of the BNS , 2023. Section 318 of the BNS , 2023 is reproduced herein for easy reference "318. Cheating-(1) whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intention