• Railway Act u/s 143(2)

I developed a chromium browser similar to google chrome that support auto fill and proxy setting. users could store in the ticket information prior to booking the tickets. When the time to book the ticket would come the user would open the browser window and the user login details, passenger details, etc. would fill in automatically on the irctc website. All such information were stored in the system registry. RPF has registered a case that this browser is unauthorized and booked u/s. 143(2) for abetting unauthorized travel agents. Currently I am out on bail.
The browser was available for free trial and commercial purchase. 
How should I proceed with the case?
Asked 5 years ago in Criminal Law
Religion: Hindu

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17 Answers

But without permisison of railway, you cannot do so. 

Well you are not selling tickets in black,  so will acquit. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You should first of all go through the charge sheet and determine what according to the railway is the offence. 143 doesn't mention tge offence but states the punishment. How have they described as to what have you done.

Engage a lawyer. Case details and charge sheet is necessary to form an opinion.


Your browser gave an edge to those who used it as they could autofill their details quickly which the irctc doesn't allow.

I think that is why they charged you.

You should plead ignorance.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should contest the case filed against you 

 

burden of proof is upon prosecution to prove allegations that you have abetted unauthorised travel agents 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As the railway police have registered a case against you,  to defend your interest, you may have to collect technical details about the site you have created to prove that your act has nothing to do with agents booking fake tickets. 

You can explain the details at the time of trial proceedings and with the support of documentary evidences you can present a strong argument to falsify the allegations leveled against you. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can accept this crime and tell to court that in future you will not such site and proper site as per railway act and pay penalty charges.

punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees.

 

You can pay five thousand penalty and close the case.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The content of the FIR needs to be seen to advise further. 

In such cases the proof of the allegations is very difficult to stand. 

Therefore I don't find much difficulty in getting yourself acquitted of the offence. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

A browser which can also provide access to the irctc website. Terms of agreement and privacy policy must mention such an act as illegal. Other than that you haven't committed any crime. I don't know how and on what grounds have they made you an accused.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Don't worry.  You can take this defence in your trial. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No case under section 143(2) is made out 

 

you should be acquitted by court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can contest the trial if you want or also can apply for quashing in HC if the matter doesn't have merits. Also you can try filing discharge in lower court after filing of chargesheet

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Google chrome has not set up this exclusively for railway reservation. 

2. You cannot justify your acts in comparison. 

3. You can add this also at the time of final arguments. 

4. You may have to defend yourself on the basis of charges leveled against you and not beyond that. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Prima facie there seems to be a discrimination violating article 14 of the constitution 

If Google chrome can have the auto fill facility then what is the rationale behind any other browser being prohibited from having that same facility? 

If the state (irctc) is ok with Google chrome with auto fill then what is its reason for not allowing auto fill on some other browser 

I suggest you approach the High Court by filing a criminal writ petition for quashing these proceedings against you on the grounds of being arbitrary, unreasonable and discriminatory 

I would like to give more inputs after studying the relevant section of the railway act under which case is registered against you 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

See before using any application or browser s/he are aware of what type of browser using by the user, so once you have used it that from your PC or laptop and its id has been captured by the  IRCTC. If you tell them that its not your fault than they are going to cross question you when yu had opened the Browser you don't have read what browser you are using . No doubt .. you are innocent  your intension was not to harm any one and by mistake you has used this browser. 

 

So you tell than what defend you have from your side when its already caught by IRCTC and your IP address has been noted so just accept and in future you will not use such type of browser for IRCTC. I am telling you to accept the punishments' to stay behind bars only pay penalty amount.

 

If you start arguing and defending against government organization like Railway, then they should not take further decision to impound your passport. So close the case ...... rest of things depends upon you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

143(2) of the Railways Act that the applicant was engaged in illegal sale and purchase of railway e-tickets.  Unless and untill you defend yourself, it would be difficult for you to prove your innocence. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should defend yourself on ground that you were not using the proxy server intentionally and it happened automatically due to system settings.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- Section 143(2) of the Railways Act states that the applicant was engaged in illegal sale and purchase of railway e-tickets, and this is a bailable offence.

- Hence, only copy of the extensions not come under this offence. 

- After getting notice from the railway tribunal Court , you can put your defence for acquittal in the said case. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/Madam,

You are suggested to highlight all the points and file the Writ Petition/Quash petition in the High Court challenging all the actions of RPF. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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