Section 143: Penalty for unauthorised carrying on of business of procuring and supplying railway tickets

Text of Section 143:

1. Penalty for Unauthorized Procurement and Supply of Tickets:
   • If any person, who is not a railway servant or an authorized agent, does any of the following, they shall be punishable:
     • Carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation on a train.
     • Purchases, sells, or attempts to purchase or sell tickets with the intention of carrying on the business of procuring and supplying tickets (either by themselves or by others).
   • The punishment for such offenses may include:
     • Imprisonment for up to three years, or
     • A fine up to ten thousand rupees, or
     • Both imprisonment and a fine.
   • Forfeiture of Tickets: The tickets involved in the offense will be forfeited.
2. Minimum Punishment:
   • In the absence of special and adequate reasons to the contrary, as mentioned in the judgment of the court, the minimum punishment shall not be less than:
     • Imprisonment for one month, or
     • A fine of five thousand rupees.
3. Penalty for Abetment:
   • If anyone abets (aids or encourages) the commission of an offense punishable under this section, they shall be punished with the same penalty as provided for the offense itself, whether or not the offense was actually committed.

Detailed Explanation:

Section 143 of the Railways Act, 1989 addresses the unauthorized carrying on of business involving the procurement, supply, purchase, or sale of railway tickets. The section aims to prevent illegal ticket trading and ensure that the process of obtaining railway tickets remains controlled by authorized agents and railway servants only. The section also penalizes individuals who abet such offenses, ensuring that any encouragement or support for illegal ticket activities is equally punishable.

Key Provisions:

1. Illegal Ticket Procurement and Supply:
   • The section specifically targets individuals who engage in the business of procuring and supplying railway tickets without authorization. This includes any individual who buys or sells tickets with the intent to conduct such business.
   • The punishment for these offenses is severe, with the possibility of both imprisonment (up to three years) and a substantial fine (up to ten thousand rupees). This serves as a deterrent to discourage unauthorized ticket selling or procurement.
2. Forfeiture of Tickets:
   • The tickets involved in the illegal procurement, supply, or sale will be forfeited, removing any benefit gained from the illicit activity and preventing the use of such tickets for unauthorized travel.
3. Minimum Punishment:
   • To ensure that offenders are adequately penalized, the law sets a minimum punishment of either one month of imprisonment or a fine of five thousand rupees. This ensures that even in cases where the court finds mitigating factors, offenders still face substantial consequences.
4. Penalty for Abetment:
   • The law does not only penalize the person directly involved in the unlawful activity but also anyone who aids, abets, or encourages such activity. This ensures that individuals who play a role in facilitating the crime are held accountable as well.
   • Abettors face the same penalties as those directly involved in the offense, even if the crime is not completed.

Practical Impact and Interpretation:

• Combating Ticket Black-Marketing: This section addresses the problem of unauthorized individuals engaging in ticket black-marketing or illegal sales, which can create an unfair environment for passengers trying to obtain legitimate tickets.
• Protection of Authorized Channels: By criminalizing unauthorized ticket selling or procurement, this provision ensures that the railway ticketing process remains under the control of authorized entities, protecting the system from exploitation.
• Severe Penalties as Deterrents: The significant punishment (up to three years in prison and fines) is designed to deter individuals from engaging in illegal ticket-selling businesses, thus maintaining the integrity of the ticketing process.
• Accountability for Abetment: Holding abettors accountable ensures that even if someone doesn’t directly commit the offense but helps others do so, they too will face serious consequences, further discouraging the growth of illegal ticket-selling networks.

Legal and Ethical Implications:

• Ensuring Fairness in Ticket Distribution: This provision is vital for preventing the unfair allocation of tickets through unauthorized channels, ensuring that tickets are distributed fairly and transparently.
• Deterring Organized Ticket Smuggling: The law targets those who attempt to make a business out of illegal ticket procurement and sales, addressing not just individual offenders but potential organized networks involved in ticket smuggling.
• Encouraging Legal Compliance: By imposing severe penalties, the law strongly encourages individuals to comply with the legal requirements for procuring and selling railway tickets, reinforcing the importance of authorized ticketing methods.

Conclusion:

Section 143 of the Railways Act, 1989 plays a critical role in curbing illegal ticket-selling businesses and ensuring that the procurement and distribution of railway tickets are done through authorized channels. The section imposes significant penalties on individuals involved in unauthorized ticket procurement or sales and holds accountable those who assist in such activities. The provision aims to maintain fairness in the ticketing process and prevent ticket black-marketing, thereby protecting the interests of legitimate passengers.