Introduction:
In a crucial ruling reinforcing the regulations governing online railway ticket bookings, the Kerala High Court has held that procuring and selling train tickets booked through the IRCTC (Indian Railway Catering and Tourism Corporation Ltd.) website for commercial purposes violates its terms and conditions. The Court ruled that unauthorized procurement and resale of tickets amounted to a punishable offense under Section 143 of the Railways Act. The case arose from criminal proceedings initiated against Afeefa Khadir, who was accused of using multiple IRCTC profiles to book train tickets and sell them to passengers for profit. The prosecution alleged that she was running an illegal business by booking railway e-tickets using her IRCTC accounts and charging customers extra amounts for the service. The police had seized reservation e-tickets, two IRCTC personnel user profile IDs, and other electronic gadgets from her tours and travels office. The accused approached the Kerala High Court, seeking to quash the criminal proceedings against her under Section 143 of the Railways Act, arguing that her actions did not amount to an offense since IRCTC allows users to book tickets for others.
Arguments:
During the hearing, the petitioner’s counsel, Advocates Shaji Chirayath, Jiji M. Varkey, G. Savitha, M. M. Shajahan, and Bhoomika Sajan, contended that any registered IRCTC user could book e-tickets, including for third parties, and that the platform did not mandate that bookings be made solely for personal travel. They further argued that IRCTC had mechanisms to deregister user IDs in case of violations, and that Section 143 of the Railways Act was inapplicable to bookings made directly through IRCTC. The defense emphasized that the section was primarily meant to curb unauthorized ticketing by agents who operate outside the railway system and was not intended to penalize individuals using their registered accounts. They asserted that the prosecution had misinterpreted the provision and that the petitioner had not engaged in any fraudulent or deceptive conduct.
On the other hand, the respondents, represented by Central Government Counsel C. Dinesh and Public Prosecutor Maya M. N., maintained that Section 143 covered the procurement and resale of railway tickets for commercial gain. They argued that the petitioner’s actions amounted to running an unauthorized ticketing business, which was explicitly prohibited under IRCTC’s terms and conditions. The government contended that IRCTC’s guidelines clearly state that its online platform is meant strictly for personal use and not for resale or commercial exploitation. They presented evidence showing that the petitioner had created multiple IRCTC accounts, used them to book tickets for different individuals, and charged commissions over and above the actual ticket fare, thus violating both the Railways Act and the contractual terms of IRCTC.
Judgement:
Justice S. Manu, after reviewing the arguments and relevant legal provisions, observed that IRCTC’s terms of service expressly prohibit commercial use of its online booking system. The Court held that the petitioner’s act of repeatedly procuring railway tickets and selling them for a higher price constituted a clear violation of the law. It relied on the Supreme Court’s decision in Inspector, Railway Protection Force, Kottayam v. Mathew K. Cheriyan and Another (2025), which clarified that Section 143 of the Railways Act applied to both physical and e-tickets. The Court emphasized that allowing such unauthorized commercial activity would disrupt the railway booking system and disadvantage genuine users who rely on IRCTC for legitimate travel needs.
The judgment further delved into the legal interpretation of IRCTC’s terms and conditions, highlighting specific clauses that restricted users from booking resale tickets. Justice S. Manu noted that IRCTC had categorically stated that its services were for personal use only, and any attempt to misuse the platform for profit was impermissible. The Court stated, “The website is intended for personal use only and is not for commercial purposes, as explicitly mentioned in Clause 8.6. It is reaffirmed that users are not permitted to utilize the online and mobile reservation services for commercial gains. Any violation of these provisions will invite legal consequences.”
Accordingly, the High Court refused to quash the criminal proceedings against the petitioner. It found that a prima facie case had been made out under Section 143 of the Railways Act and directed that the trial against her should proceed. The Court warned against the misuse of online platforms meant for public services, reiterating the need to curb illegal profiteering in railway ticketing.