Yes it’s applicable
Is Railway Act Section 143 is applicable for E-Tickets too?
Namaste everyone, I had a question regarding Railway's act(1989) section 143 in which it is said Unauthorized carrying on of business of procuring and supplying of railway tickets is a punishable offence under Section 143 of the Railways Act, 1989 But is this act applicable for Railway E-ticket too? Because this act was passed in 1989 and railway e-ticket was launched by IRCTC in the year 2002 and slowly slowly it covered a market by the year 2006(Approx). So when IRCTC came into existence that time was any circular passed that Railway's Act of section 143 which was passed in 1989 will also be applicable for IRCTC's E-tickets too? And it was not mentioned till 2017 that Buying or Selling of Railway E-ticket booked in personal user id is an offence and it could be punishable under railway act 143,1989. So was it approved or passed this act for online tickets too in 2017? If yes than from where can we get any circular related to it that this railway act is also applicable on online tickets too because when this act was passed only counter tickets was the option. If No than on what basis this act is been involved in IRCTC's Online ticket's?
Asked 2 years ago in Criminal Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
5 Answers
The notification regarding e tickets being also within the meaning of the regular tickets can be found on the railways website. If not available then file an RTI so that it may be obtained.
Ther is judgment of Kerala high court that provisions of section 143 of railways act is not applicable to e-tickets from IRCTC
2)
High Court of Kerala in Mathew Cherian Vs.State of Kerala (Crl M.C 1991 of 2016, dated 22.09.2016), wherein it was held as
"6.The question before this Court arises in this context is whether purchasing of online tickets through the website of IRCTC by a traveller through a facility provided by the petitioner or staff would amounts to procuring and supplying tickets for travelling on a railway. In this regard two aspects have to be noted:- One is that ticket is purchased in the name of traveller. Secondly the ticket is issued by IRCTC. As seen from the counter, the allegation as against the petitioner is that the petitioner misused IRCTC portal by creating fake user ID to procure and supply tickets to travellers. 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 system. The railway's stand is that creating a fake user ID for issuing railway ticket is an illegal act attracting an offence under Section 143 of the Act. I am afraid that this has any merit to constitute an offence. First of all, the registration of the user ID with IRCTC is regulated by the terms and condition of the IRCTC. If there is any violation by use of such facility with the IRCTC, it is open for IRCTC to take appropriate action to de- register such registered users. Misusing a user ID for purchasing a ticket by genuine person is not an offence as contemplated under Section 143 of the Act. There is no sale of ticket by the petitioner as even admitted in the counter, the sale is being conducted by IRCTC. THe use of computer or use of printer for printing ticket purchased by a traveller cannot be deemed as sale effected by the owner of the computer or printer. Procuring tickets has to be understood as providing or giving tickets to the travellers. Admittedly tickets are procured by the genuine travellers. When legislature considered an actionable wrong in a particular manner in a brick and mortar business, it cannot be applied to an online business. The offence is not attracted even if one has to assume that action of the accused would amount to supplying tickets. The Penal Provision clearly mandates that tickets have to be procured by the offender. Admittedly tickets are purchased by the genuine travellers. The dictionary meaning of procure is "to obtain by some efforts or means or acquire (see Webster's Comprehensive dictionary, encyclopedic edition). To constitute a criminal offence under Section 143 of the Act, the action of the accused must be a kind of act as prescribed in the Penal Provision."
The provision of law is very clear, which is reproduced below to refresh your memory:
Section 143(1) in The Railways Act, 1989
(1) 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 from 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 with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.
From the above provisions it can be found anyone indulges in such activities as mentioned above, then they are liable to be punished as per law.
The purchase of e-tickets or online tickets also come under the same provision.
You cannot interpret the law as what you have mentioned in your query.
It is about illegal selling of railway ticket, hence the latest mode of procuring tickets i.e., e-tickets or online tickets are also automatically included as railway travel ticket, hence there is no necessity to amend the said provision of law, and in my opinion the law stands good for all kinds of railway travel ticket
Dear client,
Section 143 of the Railways Act, 1989, which deals with unauthorized carrying on of the business of procuring and supplying railway tickets, applies to all types of railway tickets, including e-tickets.
The Railway Act of 1989 was amended in 2008, and Section 143 was modified to include electronic tickets. Therefore, buying or selling railway e-tickets booked under personal user IDs without authorization is a punishable offence under Section 143 of the Railways Act, 1989.
The Indian Railways issued a circular in 2017 to this effect, clarifying that the Railways Act, 1989, is applicable to e-tickets as well. The circular can be accessed on the official website of the Indian Railways.
Therefore, it is clear that the Railway Act, 1989, applies to both counter tickets and e-tickets, and any unauthorized buying or selling of e-tickets is punishable under Section 143 of the Act.
