Selling Train Tickets Booked From IRCTC Platform For Commercial Gain Punishable Under S.143 Railways Act: Kerala High Court

The Kerala High Court has laid down that procuring and selling train tickets booked using IRCTC (Indian Railway Catering and Tourism Corporation Ltd.) website for commercial uses violates the terms and conditions specified on the IRCTC website.Here, a petitioner lady had approached the Court for quashing proceedings against her for allegedly booking and selling online tickets without authorization from the IRCTC. Crime was registered against her under Section 143 of the Railways Act which prohibits anyone other than a railway servant or an authorized agent from procuring and supplying railway tickets.Justice S. Manu relied upon Apex Court decision in Inspector, Railway Protection Force, Kottayam v Mathew K Cheriyan and another (2025) to state that Section 143 would also include sale of e-tickets booked through IRCTC website. Court further stated that the terms and conditions in the IRCTC website clearly mention that it can only be used for personal purposes and not for commercial purposes. Court stated, “The petitioner is alleged to have reserved tickets using profiles registered with the IRCTC and supplied it to various persons after receiving commission/service charges. Commercial use of online services provided through the website of IRCTC is clearly in violation of the terms and conditions published by the IRCTC. The petitioner, alleged to have booked tickets through the website and supplied the tickets to others for profit, has prima facie acted in violation of the specific terms and conditions of the IRCTC. Misuse of the online ticketing platform for profits is detrimental to the interests of genuine users relying on it for booking tickets. Such unscrupulous acts requires to be curbed.”As per facts, the police seized reservation e-tickets, two copies IRCTC personnel user profile ids, and other electronic gadgets from the Petitioner's tours and travels office.The Counsel for Petitioner submitted that any person registered with the IRCTC can obtain e- tickets and to make reservations. It was submitted that it was not necessary that tickets have to be booked only for oneself, but tickets can be booked for others also. It was submitted that IRCTC has the authority to de-register the user ID, and it was argued that Section 143 of the Railways Act does not apply to the procurement of e-tickets through IRCTC. It was further submitted Section 143 would apply only when tickets are purchased through other online websites. On the other hand, the Central Government Counsel who appeared for the Railways submitted that Section 143 would when any person, other than a railway servant or an authorized agent, procures or purchases tickets and supplies or sells them as a business. It was stated that petitioner used two profiles for booking tickets for various persons. CGC further pointed out that the IRCTC website is for personal use and not for commercial use. It is stated that the terms and conditions in the IRCTC website clearly mentions that user may not book tickets for the purpose of commercial resale and profit. Relying upon Section 143, the Court noted that the petitioner was not a railway servant or an authorized agent for procuring or supplying railway tickets. The Court found that the petitioner purchased tickets from the IRCTC and sold it to others for amounts higher than the actual ticket fare.The Court further perused the terms and conditions mentioned in the IRCTC website and stated that the IRCTC website was meant for personal use and not for commercial use. Court observed, “ The website is intended for personal use only and is not for commercial purpose, as stated in clause 8.6. It is explicitly stated in section 9, which deals with ticket booking, that all rules and regulations that apply to the reservation of seats or berths and the charging of fares for rail reservations on Indian Railways PRS shall also apply to reservations made online. Clause 16 addresses registered users' responsibilities. It is reaffirmed that the website is intended for non-commercial usage under the general requirements. It is explicitly stated that the user is not permitted to utilize the online and mobile reservation services under the usage headings.”As such, the Court stated that prima facie case was made out against the petitioner under Section 143 of the Railways Act. It thus quashed the petition and directed that the petitioner shall face trial. Counsel for Petitioner: Advocates Shaji Chirayath, Jiji M. Varkey, G.Savitha, M.M.Shajahan, Bhoomika SajanCounsel for Respondents: Central Government Counsel C Dinesh, Public Prosecutor Maya M NCase Title: Afeefa Khadir v State of Kerala Case No: CRL.MC NO. 3290 OF 2020Citation: 2025 LiveLaw (Ker) 146Click here to Read/Download Order

Selling Train Tickets Booked From IRCTC Platform For Commercial Gain Punishable Under S.143 Railways Act: Kerala High Court

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Selling Train Tickets Booked From IRCTC Platform For Commercial Gain Punishable Under S.143 Railways Act: Kerala High Court

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