Text of Section 142:
- Penalty for Selling or Parting with Ticket:
- If any person, who is not a railway servant or an authorized agent, does any of the following, they shall be punishable:
- Selling or attempting to sell any ticket or half of a return ticket, or
- Parting with or attempting to part with the possession of a ticket against which a seat or berth has been reserved, or any half of a return ticket or season ticket, in order to enable another person to travel.
- The punishment for such an offense may include:
- Imprisonment for up to three months, or
- A fine up to five hundred rupees, or
- Both imprisonment and a fine.
- Forfeiture of the Ticket: The ticket involved in the offense will be forfeited.
- If any person, who is not a railway servant or an authorized agent, does any of the following, they shall be punishable:
- Penalty for Purchasing or Obtaining a Ticket Improperly:
- If any person purchases any ticket (as referred to in sub-section (1)(a)) or obtains a ticket (as referred to in sub-section (1)(b)) from someone other than a railway servant or an authorized agent:
- They shall be punishable with:
- Imprisonment for up to three months, and
- A fine up to five hundred rupees.
- Traveling with the Improper Ticket: If the person travels or attempts to travel with such a ticket, it will be considered that they are traveling without a proper ticket, and they shall be dealt with under Section 138 (concerning penalties for traveling without a valid ticket).
- Forfeiture of the Ticket: The ticket purchased or obtained improperly will be forfeited.
- They shall be punishable with:
- If any person purchases any ticket (as referred to in sub-section (1)(a)) or obtains a ticket (as referred to in sub-section (1)(b)) from someone other than a railway servant or an authorized agent:
- Minimum Penalty:
- In the absence of special and adequate reasons to the contrary, as mentioned in the judgment of the court, the minimum penalty for the offense under sub-sections (1) and (2) shall not be less than:
- A fine of two hundred and fifty rupees.
- In the absence of special and adequate reasons to the contrary, as mentioned in the judgment of the court, the minimum penalty for the offense under sub-sections (1) and (2) shall not be less than:
Detailed Explanation:
Section 142 of the Railways Act, 1989 addresses the illegal transfer or resale of railway tickets, emphasizing the penalties for actions that disrupt the integrity of ticketing systems and enable unauthorized travel. It targets both those who sell or transfer tickets improperly and those who purchase or use such tickets.
Key Provisions:
- Selling or Transferring Tickets:
- The section prohibits the sale or transfer of reserved or season tickets by individuals who are not authorized railway servants or agents. This is to ensure that tickets are sold through legitimate channels, maintaining fairness in ticket allocation and preventing ticket black-marketing or unauthorized ticket reselling.
- Forfeiture of the Ticket: Any ticket that is sold or transferred illegally will be forfeited, preventing its use for travel.
- Purchasing or Obtaining Tickets Illegally:
- Those who knowingly buy or obtain tickets through unauthorized means (i.e., from individuals who are not railway servants or authorized agents) are also committing an offense under this section.
- Traveling with Improper Ticket: If the purchaser attempts to travel with the illegally obtained ticket, they are deemed to be traveling without a valid ticket, attracting the penalty provisions of Section 138.
- Forfeiture of the Ticket: Similarly, the ticket purchased or obtained improperly will also be forfeited.
- Minimum Fine:
- A minimum fine of 250 rupees is set unless the court finds special and adequate reasons to reduce the penalty. This ensures that offenders face a reasonable punishment for violating ticketing rules.
Practical Impact and Interpretation:
- Prevention of Ticket Black-Marketing: By penalizing individuals who sell or transfer tickets without authorization, Section 142 aims to reduce black-marketing of railway tickets, which can otherwise result in unfair advantages for some passengers over others.
- Promoting Fairness in Ticketing: This section helps ensure that tickets are obtained and used only through authorized channels, reducing the risk of fraud and ensuring that passengers who follow proper procedures can secure tickets for their desired travel.
- Forfeiture of Tickets: The forfeiture of improperly sold or obtained tickets serves as a deterrent to illegal ticket trading and discourages passengers from purchasing tickets through unauthorized means.
- Impact on Ticket Resale Markets: This provision targets the resale of railway tickets by unauthorized individuals or at inflated prices, which can create unfair competition in the market and deprive genuine passengers of tickets.
Legal and Ethical Implications:
- Deterring Fraudulent Behavior: The penalties are designed to deter both ticket sellers and buyers from engaging in fraudulent behavior, which can undermine the fairness and integrity of the railway ticketing system.
- Protecting Authorized Ticket Sellers: The law protects the rights of authorized railway servants and agents by making it illegal for unauthorized individuals to sell or transfer tickets, helping maintain the official ticketing structure.
- Punishing Both Sellers and Buyers: Both the sellers and buyers of illegally transferred tickets are held accountable, ensuring that the issue of illegal ticket trading is addressed from both sides.
Conclusion:
Section 142 of the Railways Act, 1989 is a key provision aimed at preventing and penalizing the illegal transfer or resale of railway tickets. It imposes penalties on individuals who sell, transfer, or purchase tickets in unauthorized ways, ensuring that the railway ticketing system remains fair and secure. The penalties include fines, imprisonment, and forfeiture of the tickets involved, helping maintain the integrity of the railway system and deterring fraudulent activity.
