Legal Landscape

IT Act, 2000 - Intermediary Protection

Section 2(1)(w) & Section 79

Fomo qualifies as an intermediary - a platform that facilitates listing and exchange of tickets without owning or modifying them. Under Section 79, intermediaries enjoy safe harbour protection provided they act on takedown notices and don’t actively participate in unlawful acts.

• Platform does not initiate transmission or own the tickets
• Safe harbour applies as long as Fomo acts on complaints promptly
• Requires clear rules, privacy policy, and user agreement as due diligence

Indian Contract Act, 1872 - Ticket Transfer

General principles of contract and licence law

A ticket is a contract or licence between the organiser and the original buyer. The holder can transfer their rights to a third party unless the ticket explicitly restricts it.

• Tickets without a “non-transferable” clause can lawfully be resold
• Sellers must ensure resale complies with the original issuer’s T&Cs
• Violation of T&Cs may void the ticket - Fomo assumes no liability for unauthorised resales

Consumer Protection Act, 2019 - Buyer Rights

Section 2(47) - Unfair Trade Practices

Protects consumers from misleading, deceptive, or fraudulent practices. Relevant when a seller misrepresents the face value, authenticity, or availability.

• Fake or duplicate tickets can constitute an unfair trade practice
• Buyers can file complaints with the Consumer Disputes Redressal Commission
• Does not prohibit resale at a premium if the price is clearly disclosed

Copyright Act, 1957 - Infringement Risks

Applies to how tickets and event assets are used

Copyright infringement becomes a concern when platforms or users reproduce copyrighted material belonging to organisers - not when tickets are simply resold.

• Using organisers’ posters, branding, or ticket artwork without permission is infringement
• Sharing screenshots with copyrighted security designs may create exposure
• Fomo uses only descriptive information provided by sellers in listings

Bharatiya Nyaya Sanhita, 2023 - Criminal Provisions

Replacing the Indian Penal Code

Contains provisions for extreme cases of organised ticket fraud but does not criminalise ordinary resale.

• Section 316(2) - Criminal Breach of Trust: applies to platform/organiser misuse
• Section 61(2) - Criminal Conspiracy: relevant if bots or illegal means are used
• Honest resale at a disclosed price does not typically attract BNS provisions

IT (Intermediary Guidelines) Rules, 2021

Companion to IT Act Section 79

To retain safe harbour, platforms must meet specific due diligence requirements.

• Publish clear Terms of Service, Privacy Policy, and User Agreement
• Maintain a grievance redressal mechanism with a Grievance Officer
• Act on valid takedown requests within prescribed timelines

PIL on Ticket Scalping & Online Resale (Amit Vyas vs. State)

The Court held that no fundamental rights were violated by ticket scalping conducted by private parties. It emphasised that regulating scalping is a legislative and executive function, not a judicial one.

PIL Seeking SC Guidelines on Ticket Scalping & Black Marketing

The Supreme Court disposed of the PIL, directing that such matters be taken up before appropriate regulatory authorities and state governments. The Court stopped short of framing guidelines itself.

Mandeep Singh vs. UT of Chandigarh

FIR filed for reselling World Cup cricket tickets on eBay above face value. The Court quashed it, holding that no cheating existed because the price was clearly communicated. It also noted there is no legal restriction against reselling tickets.

No Central Anti-Scalping Law

Unlike the UK (Consumer Rights Act, 2015), Australia (Ticket Scalping Act, 2018), or several US states, India has no specific legislation capping resale markups or requiring face value disclosure on secondary listings.

No Regulation on Ticket Bots

Bot-based bulk purchasing is not explicitly illegal under any current Indian central law. There is no equivalent of the US BOTS Act. This is a key area where regulation is expected to evolve.

Courts Have Signalled the Legislature Must Act

Both the Bombay HC and Supreme Court have stated that regulating scalping is the domain of the executive and legislature. The judiciary has repeatedly declined to frame guidelines by order.

Generally Safe & Legal

• Reselling a transferable ticket at any clearly disclosed price
• Listing on a verified platform like Fomo with transparent ticket details
• Buying resale tickets where price, seat, and source are clear
• Selling below or at face value to move tickets quickly
• Using the original ticketing app’s built-in transfer function

Risky or Potentially Illegal

• Selling fake or duplicate tickets — potential fraud under BNS
• Using bots to bulk-buy tickets for resale — potential cybercrime provisions
• Reselling non-transferable tickets without the organiser’s knowledge
• Reselling above face value in Maharashtra (1923 Entertainments Duty Act)
• Misrepresenting face value or ticket category to a buyer
• Using copyrighted event artwork or branding in listings without permission

Is it illegal to resell concert tickets in India?

No — there is no central Indian law that makes ticket resale illegal. The Indian Contract Act, 1872 allows the holder of a ticket to transfer their rights unless the ticket explicitly states it is non-transferable. The P&H HC in Mandeep Singh (2015) confirmed this. However, certain state laws (particularly Maharashtra) restrict above-face-value resale, and selling fake tickets can attract fraud charges.

Is ticket scalping legal in India?

India has no comprehensive central anti-scalping law as of 2025. Reselling tickets at a premium — with clearly disclosed pricing — is not explicitly prohibited by any national legislation. The Bombay HC (Jan 2025) declined to ban scalping by judicial order. Maharashtra’s Entertainments Duty Act, 1923 restricts above-face-value resale for certain events in the state.

Can I resell IPL or cricket match tickets?

The Mandeep Singh case (P&H HC, 2015) directly involved World Cup cricket ticket resale and confirmed there is no legal restriction. Pricing responds to demand and supply, and transparent resale is not cheating. However, organisers and venue authorities may have their own rules, and Maharashtra face-value caps may apply.

Can I be arrested for selling resale tickets?

Selling genuine resale tickets transparently is very unlikely to result in arrest. Selling fake or duplicate tickets can attract BNS charges. In Maharashtra, people have been arrested during IPL for black-market hawking near stadiums — but online resale of genuine tickets at disclosed prices is legally unsupported for prosecution.

What protection does Fomo have as a platform?

Fomo operates as an intermediary under Section 2(1)(w) of the IT Act, 2000. Under Section 79, intermediaries that merely facilitate transactions enjoy safe harbour protection. Fomo maintains this by providing clear Terms of Service, a Grievance Redressal mechanism, and acting on takedown requests per the 2021 Intermediary Rules.

What happens if I buy a fake ticket on a resale platform?

The seller may be liable for cheating under BNS Section 318 and unfair trade practices under the Consumer Protection Act, 2019. You can file a complaint with local police, consumer forum, or your state’s cybercrime unit. On Fomo, every ticket is verified before going live, significantly reducing this risk.

Does India have a law against ticket bots?

No — India has no specific legislation equivalent to the US BOTS Act. Extreme cases may theoretically fall under broader cybercrime provisions, but there is no clear, tested law targeting ticket bots. This is a widely recognised legislative gap.

Can I complain to a consumer forum about a bad resale experience?

Yes. If a seller engaged in deceptive practices — misrepresenting validity, face value, category, or authenticity — you can file a complaint with the District Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. Keep records of all communications and payment receipts.