Delhi High Court Issues Notice On PIL Against 'Ticket Scalping' Over Recent Music Concerts

The Delhi High Court on Wednesday issued notice on a public interest litigation (PIL) against the practice of “Ticket Scalping” where tickets to an event are bought with the intention of reselling them at a higher price.

The petition has been filed thebackdrop of recent music concerts by Coldplay and singers Diljit Dosanjh and Karan Aujla.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela sought response of the Union Government and Delhi Government and listed the matter for hearing next on February 18.

The PIL has been filed by one Rohan Gupta, who is engaged in providing photography and videography services, seeking formation of guidelines to prevent the menace of black marketing of tickets. In the alternative, he seeks that the Ticket Scalping practice must be taken within the purview of law.

Gupta was represented by Advocates Gaurav Dua , Jatin Yadav and Daksh Gupta.

The petition further seeks formation of a committee to look into the practice of Ticket Scalping as has happened in singer Diljit Dosanjh's “Dil-Luminati Tour” scheduled to take place on October 26 at the JLN Stadium.

It also seeking framing of clear guidelines to prevent predatory resellers from illegally and without any authorisation engaging in activity of black marketing of tickets.

During the hearing today, Delhi Government's counsel Santosh Kumar Tripathi submitted that the issue is covered under Section 112 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The provision in question deals with petty organized crime and the punishment for such crimes. It defines petty organized crime as any illegal act committed by a member of a group or gang, either alone or jointly. These acts include theft, cheating, snatching, unauthorized sale of tickets, unauthorized betting or gambling, and selling public examination question papers. 

Tripathi submitted that if the practice of illegal sale of tickets is a criminal offence covered under BNS, then guidelines cannot be issued over and above what is described as an offence.

However, the Court proceeded to issue notice in the matter and sought replies of the respondents.

The petition submits that the “predatory resellers” engaging in unethical practice of ticket scalping makes events less accessible to genuine fans and allowing unscrupulous scalpers to exploit high demand.

It adds that the practice undermines the principles of fair market and, in many cases, involves the use of bots or unethical tactics to hoard tickets before legitimate buyers have a chance.

“The petition emphasises the requirement of a robust legal framework, legal enforcement, and technological measures to curb the negative effects of ticket scalping and promote fair ticketing practices to ensure a more equitable and transparent system for the protection of consumers.an further to ensure the revenue generated form such practice is integrated into the legal economy,” the plea said.

Title: ROHAN GUPTA v. UNION OF INDIA & ORS.