Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Analysis and Conclusion:
Offense under Section 143(1)(a) & (b) of the Railways Act, 1989 – Black Marketeering of Railway Tickets ["MOHAMMED ILLIYAS vs STATE REP.BY - Madras"], ["MOHAMMED ILLIYAS vs STATE REP.BY - Madras"], ["R.SANKARANNAIR vs TRAVANCORE DEVASWOM BOARD - Kerala"], ["R.SANKARANNAIR vs TRAVANCORE DEVASWOM BOARD - Kerala"], ["Puja Travels Hotel Paradise Basement, Near Patna Junction Through Its Proprietor Manoj Kumar(Male) VS Union Of India - Patna"]
Analysis and Conclusion:
Other Related Offenses:
Summary:- Selling tickets in black is generally not punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, unless specific statutory prohibitions are violated.- Black marketeering of railway tickets is an offense under Section 143(1)(a) and (b) of the Railways Act, 1989, especially involving unauthorized purchase and resale activities.- Activities involving cheating or dishonest sale of tickets (e.g., religious or cinema tickets) can amount to offenses under IPC Sections 420 and related sections.
References:- ["SRI. HARSHAVARDAN. H vs THE STATE OF KARNATAKA - Karnataka"]- ["MOHAMMED ILLIYAS vs STATE REP.BY - Madras"]- ["MOHAMMED ILLIYAS vs STATE REP.BY - Madras"]- ["R.SANKARANNAIR vs TRAVANCORE DEVASWOM BOARD - Kerala"]- ["R.SANKARANNAIR vs TRAVANCORE DEVASWOM BOARD - Kerala"]- ["Puja Travels Hotel Paradise Basement, Near Patna Junction Through Its Proprietor Manoj Kumar(Male) VS Union Of India - Patna"]- ["B. RANGA NAIK vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"]- ["B.RANGA NAIK vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"]- ["State of Maharashtra VS Abdul Majid Abdul Raheman Sayyed - Bombay"]
In today's fast-paced world, securing railway tickets can be challenging, especially during peak seasons. Many turn to resellers offering tickets at inflated prices—a practice commonly known as 'selling tickets in black.' But is this legal? A common query we encounter is: Selling tickets in black is offence under which section? This blog post dives deep into the legal framework governing such activities, focusing primarily on railway tickets under Indian law. We'll explore the relevant provisions, court interpretations, exceptions, and practical advice.
Note: This is general information based on legal precedents and statutes. It is not specific legal advice. Consult a qualified lawyer for your situation.
Black marketing, or scalping, involves procuring and reselling tickets at prices higher than the official rate, often through unauthorized channels. For railway tickets, this typically means buying in bulk—sometimes using multiple IDs—and reselling for profit without official authorization.
Such practices disrupt fair access to tickets and lead to exploitation. Courts have consistently viewed them as serious offences, particularly under railway laws designed to protect passengers. Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237
The primary law addressing unauthorized sale of railway tickets is Section 143 of the Railways Act, 1989. This section explicitly criminalizes the business of procuring and supplying tickets without authorization.
If any person, not being a railway servant or an agent authorised in this behalf—(a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation for journey in a train; or (b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable... Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237
Key points from Section 143:- Applies to non-railway servants or unauthorized agents.- Covers both procurement and supply, regardless of mode (physical or digital).- Includes attempts to buy/sell for business purposes.- Penalizes resale at profit without permission.
This provision remains robust even with modern e-ticketing systems. As courts have noted:
Section 143 criminalises unauthorised procurement and supply, irrespective of mode of procurement and supply. Mere fact of system of e-reservation and e-tickets being introduced after enactment of the Act does not render provision in Section 143 toothless. Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237
Indian courts, including the Supreme Court, have upheld Section 143's applicability to contemporary practices like online resale.
Supreme Court Clarification: The apex court has ruled that Section 143 covers e-ticket sales. The Supreme Court held that the provisions of Section 143 apply to the sale of e-tickets, emphasizing that unauthorized procurement and sale of tickets, regardless of the mode, is prohibited. Afeefa Kadir W/o. Muhammed V. Rafi Vs State Of Kerala - 2025 Supreme(KER) 353
Multiple User IDs and Bulk Booking: Creating fake profiles or multiple IDs to book and resell tickets falls under unauthorized procurement. This is explicitly penalized as it aids black marketing. Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237
Quashing of Proceedings Example: In one case, allegations of black marketeering railway tickets were quashed due to lack of evidence. The petitioner possessed only a ticket in his own name with correct details based on an Election Photo ID. The same in no way justify the launching of a criminal prosecution against the petitioner – Present case is absolutely unsustainable and clearly an abuse of the prosecution. Md. Zakaullah S/o Anwarul Haque VS State of Bihar - 2019 Supreme(Pat) 334
These rulings underscore that mere suspicion isn't enough; prosecution requires proof of unauthorized business activity.
While our focus is railways, black marketing of tickets appears in other domains, offering comparative insights:
Cinema and Events: Courts have addressed inflated sales for movies and sports. For instance, under cinema regulation acts, fixing admission rates prevents black marketing. It appears axiomatic to us that exhibition and licence of every business or calling would include within it the power to fix reasonable prices... to prevent any inflated prices thereof and black marketing therein. Deepak Theatre, Dhuri VS State Of Punjab - 1991 Supreme(SC) 700
IPL Match Tickets: Reselling sports tickets without specific prohibitions may not always constitute an offence. The mere act of reselling a validly purchased ticket, in the absence of a specific legal bar or regulatory prohibition, cannot, by itself, be construed as an offence within the meaning of Section 318(4) of Bharatiya Nyaya Sanhita, 2023. Vinay @ Vinay Jain, S/o.Kamlesh Kumar vs State Of Karnataka - 2025 Supreme(Online)(Kar) 23128
Other Instances: Cases involving cinema halls and lotteries highlight that unauthorized resale often leads to penalties, but authorized agents are exempt. Uphar Picture Palace VS Presiding Officer, Labour Court - 2001 Supreme(Jhk) 550Kailash Joshi VS State of M. P. - 1989 Supreme(MP) 28
Unlike general events, railway tickets have a specific statutory bar under Section 143, making violations more straightforward to prosecute.
Typically, the following may trigger liability:- Selling tickets through private profiles or apps without IRCTC authorization.- Bulk booking via multiple unauthorized IDs.- Resale at premium prices for profit.- Acting as an unauthorized agent procuring/supplying tickets.
Even online platforms aren't exempt; monitoring such activities is recommended for authorities. Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237
Not all ticket resales are illegal:- Authorized Agents: Official IRCTC partners or railway-authorized sellers operating within limits are protected.- Personal Transfers: Informally giving away a ticket (without business intent) generally doesn't qualify.- No Profit Motive: Isolated sales without procurement for business may not attract Section 143, as seen in quashed cases. Md. Zakaullah S/o Anwarul Haque VS State of Bihar - 2019 Supreme(Pat) 334
However, courts interpret 'business' broadly if patterns suggest commercial activity.
Violations under Section 143 are punishable with imprisonment up to 3 years or fine up to ₹10,000, or both. Cognizable and bailable, but repeated offences escalate risks. Authorities actively monitor platforms like social media and resale sites.
To stay on the right side of the law:- Use only official channels like IRCTC for bookings.- Authorized agents: Stick to your mandate; avoid multiple unauthorized IDs.- Public/Authorities: Report suspicious resale activities.- Businesses: Implement anti-scalping tech and verify sellers.
Legitimate operations ensure fair access and avoid legal hassles. Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237
By understanding these rules, passengers and sellers can navigate ticketing ethically. For personalized guidance, reach out to a legal expert.
References:- Inspector, Railway Protection Force, Kottayam VS Mathew K. Cherian - 2025 1 Supreme 237: Railways Act, 1989, Section 143.- Afeefa Kadir W/o. Muhammed V. Rafi Vs State Of Kerala - 2025 Supreme(KER) 353: Supreme Court on e-tickets.- Md. Zakaullah S/o Anwarul Haque VS State of Bihar - 2019 Supreme(Pat) 334: Quashing for lack of evidence.- Additional contexts: Vinay @ Vinay Jain, S/o.Kamlesh Kumar vs State Of Karnataka - 2025 Supreme(Online)(Kar) 23128, Deepak Theatre, Dhuri VS State Of Punjab - 1991 Supreme(SC) 700, Uphar Picture Palace VS Presiding Officer, Labour Court - 2001 Supreme(Jhk) 550, Kailash Joshi VS State of M. P. - 1989 Supreme(MP) 28.
#RailwayBlackMarketing, #Section143Railways, #TicketSaleLaw
This Court, in a series of judgments, has consistently held that the sale of tickets at a higher rate does not attract the ingredients of the offence punishable under Section 318(4) of the BNS, 2023. ... On examining the allegations in the complaint, which ultimately resulted in registration of the crime, this Court is of the considered view that the act of selling IPL tickets at a higher price (“in black”) does not, by itself, constitute an offence. ... Relying on Mandeep Singh's cas....
Therefore, this Court holds that, as the offence has involved with electronic evidence one assembled Red & Black Colour Zebronics CPU & One Black Apple iPhone SE mobile with Airtel 4G Sim Card No.8991400912998903400U, Mobile No.99529 69048, EMI No.1. 356494109736624, 2. 356494109276902 cannot ... from the Railway authorities, by creating multiple user IDs for his monitory benefits and thus he committd an offence punishable under Section 143(1)(a) of the Railways Act, 1989, and an FIR was registered in C....
Therefore, this Court holds that, as the offence has involved with electronic evidence one assembled Red & Black Colour Zebronics CPU & One Black Apple iPhone SE mobile with Airtel 4G Sim Card No.8991400912998903400U ... 3.The Section Officer, Criminal Section, High Court, Madras. ... Section 143(1)(b) of Railway Act also says that, purchase or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by....
The allegation against the petitioner and another accused was of black marketeering of railway tickets. ... Learned counsel for the petitioner submitted that the allegation is only that there is suspicion that the petitioner was black marketeering of Railway tickets by buying tickets in his name but showing the age differently. ... (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigati....
(2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.” ... The use of internet medium registered in the name of a person, to issue tickets to a third party is not one contemplated under Section 143 for the purpose of considering it as an offence. As has been noted Section 143 was enacted much before the advent of e-ticket sys....
/- per ticket and on that basis an offence under Section 318 (4) the Bharatiya Nyaya Sanhita, 2023 (for short, 'the Section 318 of the Section 318 (4) of the Bharatiya ... The mere act of reselling a validly purchased ticket, in the absence of a specific legal bar or regulatory prohibition, cannot, by itself, be construed as an offence within the meaning of the said section. Section 318 (4) of the Bharatiya Nyaya Sanhita, 2023.
Purchasing tickets using private IDs by travel agents and selling them to different persons is an offence under Section 143 of the Railways Act. ... (2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.” 9. ... The petitioners being the authorized agents of IRCTC cannot be held liable for committing an offence under #HL_STAR....
A case has been registered against the petitioner and others for the offence punishable under Section 420 r/w 34 IPC. 3. ... They came to know the reality that the Special Entry darshan ticket which would cost only Rs.300/- was sold to pilgrim party for Rs.8000/- and they cheated the pilgrim party by selling tickets in black market. ... However, Since the offence alleged against the petitioner is punishable with imprisonment of less than 7 years, the police concerned are directed to follow the procedure....
A case has been registered against the petitioner and others for the offence punishable under Section 420 r/w 34 IPC. 3. ... They came to know the reality that the Special Entry darshan ticket which would cost only Rs.300/- was sold to pilgrim party for Rs.12,000/- and they cheated the pilgrim party by selling tickets in black market. ... However, Since the offence alleged against the petitioner is punishable with imprisonment of less than 7 years, the police concerned are directed to follow the procedu....
However, later on Mohamed Umar, Tanvir and Samsu and the respondent asked the complainant Asfak Ahmed Idris to stop black marketing of cinema tickets at the said theatre. The complainant, however, continued the black marketing of cinema tickets at the said theatre. ... 34 of the Indian Penal Code but what was proved was only the offence punishable under section 307 r/w section 34 of the Indian Penal Code. ... cinema tickets at Anand Talkies. ... Acco....
Therefore, the Multiplex theatres could not have been singled out for the hostility in declining the enhancement of rate of admission. Nextly, the enhanced rates of admission are found by the State Government as warranted for circumstances which are otherwise considered as rational and reasonable. Nextly, it is contended that similarly placed IMAX theatres in other cities have been allowed enhanced rates of admission while the petitioner has been denied the benefits of the same. It is one of the measures devised to counter the menace of black marketing of tickets of admission.#HL_E....
An oral offer was given by Mr. K.B. Sinha, learned Sr. counsel for the management of M/s. Uphar Picture Palace to pay a lumpsum of Rs. 50,000/-instead of his reinstatement with back wages. The allegation being serious, counsel for the management of M/s. Uphar Picture Palace submitted that the management has lost confidence to retain the respondent, Shankar Karmakar. The respondent, Shankar Karmakar was also alleged to have asked for black marketing of tickets apart from committing theft of motor and carbon.
9. The Division Bench in the judgment under appeal held that (AIR 1981 Punj & Har 230 at Pp. 235 and 236): It appears axiomatic to us that exhibition and licence of every business or calling would include within it the power to fix reasonable prices in accordance with the provisions thereof unless there are specific restrictive words to the contrary which are conspicuous by their absence in the present Act and the Rules framed thereunder." If the statute could be no solicitious that a violation of these conditions resulting obviously in the sale of tickets at inordinately higher prices to th....
A licence has to be taken to promote a lottery as an incident of entertainment but none of the prizes shall be money as per Section 5. (b) Under Section 3, save as provided under this Act, all lotteries except those organised by the Central Government and the State Government of M. P are unlawful. Under Section 4, it is an offence to organise an unlawful lottery or to sell or distribute such lottery tickets. Section 6 declares all private lotteries to be unlawful unless the promoter has obtained a licence in respect of such lottery but the whole proceeds after deducting exp....
In Chodey Jana- kiramaiah and Co. v. State of Andhra, (1964)1 An. W. R. 253 the plaintiffs who are dealers in foodgrains were suspected to have purchased paddy and rice from a procuring agent. But, the plaintiff refused to take delivery on the ground that it was damaged and unfit for consumption and the sale. The anti-black marketing sub-Inspector seized certain quantity of paddy and rice and prosecuted the plaintiffs for an offence under section 411, I. P. C. The case was subsequently withdrawn and the grain seized was ordered to be returned.
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