Section 112 of the Bharatiya Nyaya Sanhita (BNS), 2023, represents a significant development in India's legal approach to economic offences, specifically addressing ticket scalping. This article analyses the rationale for criminalizing unauthorized ticket resale, previously unaddressed by the Indian Penal Code (IPC), and examines the implications of classifying such activities as "petty organized crime." By comparing India's approach with international legislation and evaluating potential enforcement challenges, this article offers policy recommendations to facilitate the effective implementation of this legal reform.

For many years, ticket scalping - the unauthorized resale of tickets at inflated prices - has existed in a legal gray area in India. The absence of specific provisions within the IPC to effectively deter this practice necessitated a legal remedy. Section 112 of the BNS, 2023, addresses this gap by criminalizing ticket scalping when conducted by a group or gang, classifying it as a form of petty organized crime. This legislative action fills a critical void in India's legal framework.

The Nature and Social Impact of Ticket Scalping:

Ticket scalping typically involves acquiring tickets in bulk, often through automated systems or coordinated efforts, for resale at prices exceeding their face value. This practice generates artificial scarcity, resulting in:

• Consumer Exploitation: Legitimate buyers are compelled to pay significantly inflated prices.
• Market Manipulation: Event organizers lose control over pricing and event accessibility.
• State Revenue Loss: Black market transactions often evade taxation.
• Undermined Event Integrity: Scalping obstructs fair access and erodes public trust in event management.

Limitations of the IPC in Addressing Ticket Scalping:

Prior to the BNS, the IPC lacked specific provisions directly addressing ticket scalping. While authorities occasionally invoked sections such as:

• Section 420 (Cheating)
• Section 268 (Public Nuisance)
• Local police acts or state notifications

These provisions were either inadequate or inconsistently applied. The absence of a comprehensive penal provision allowed scalpers to operate relatively freely, particularly in online markets.

Section 112 of the BNS: Provisions and Interpretation:

Section 112(1) of the BNS defines the offence:

"If a member of a group or gang, either singly or jointly, commits unauthorized selling of tickets, he is said to commit the offence of petty organised crime."

• Subsection (2) mandates a minimum sentence of one year and a maximum of seven years, in addition to a fine.
• It is a cognizable and non-bailable offence triable by a Magistrate of the first class.

This legislation:

• Recognizes ticket scalping as an organised economic offence.
• Enables prosecution of syndicates and digital platforms involved in resale schemes.
• Empowers authorities to proactively address the issue rather than reacting to individual incidents.

Defining "Unauthorized" and "Organized" Sales:

• Unauthorized: Defined by:
  • Terms of sale imposed by event organizers (e.g., no-resale clauses).
  • Platform exclusivity agreements (e.g., designated websites or apps for ticket resale).
  • Local laws or government regulations (e.g., price ceilings).
• Organized Sales: The designation of a "group or gang" elevates the offence from an individual act to a coordinated criminal enterprise, justifying more severe penalties and the application of organized crime investigation protocols.

International Legal Frameworks: Lessons for India:

Several countries have implemented laws specifically targeting ticket scalping:

• United Kingdom: The Consumer Rights Act 2015 regulates ticket resale, and the Criminal Justice and Public Order Act 1994 criminalizes unlicensed touting.
• United States: The BOTS Act of 2016 prohibits software used to circumvent ticket sale controls.
• Australia: States such as New South Wales and Victoria limit resale prices to a maximum of 10% above face value.
• Japan: The 2019 Ticket Resale Law criminalizes reselling tickets for profit.

India's BNS aligns with this global trend by focusing on organized criminal behaviour rather than isolated instances of resale.

Implementation Challenges:

Despite the law's intent, several challenges persist:

• Establishing "Gang" or "Organized" Activity: Prosecutors must demonstrate coordinated conduct beyond isolated incidents.
• Digital Market Surveillance: Many resales occur on platforms such as WhatsApp, Telegram, and less-known websites, posing monitoring difficulties.
• Public Awareness: Many buyers are unaware that purchasing from scalpers indirectly supports criminal activities.
• Potential for Misapplication: Overzealous enforcement could inadvertently criminalize innocuous peer-to-peer ticket transfers, necessitating clear guidelines.

Policy and Enforcement Recommendations:

To ensure the effective implementation of Section 112, the following measures are recommended:

1. Standard Operating Procedures (SOPs): Develop specific criteria for enforcement.
2. Technological Partnerships: Collaborate with digital platforms for real-time monitoring and alerts.
3. Training Programs: Provide police and judiciary training to distinguish between criminal scalping and non-malicious activity.
4. Public Awareness Campaigns: Educate the public about legitimate ticket channels and the consequences of black-market dealings.
5. Blockchain Ticketing Promotion: Secure the ticket lifecycle from purchase to validation, preventing tampering and unauthorized resale.

Conclusion:
Section 112 of the BNS is a timely and essential reform that recognizes ticket scalping as a form of organized economic exploitation. By classifying the act as a group-based offence, the law facilitates systemic interventions. For the law to be effective, it must be supported by robust enforcement, public education, and collaboration among government agencies, event organizers, and technology platforms.

With sustained effort, this provision has the potential to promote transparency and fairness within India's event ticketing ecosystem.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565