Section 124: Prohibition against travelling without pass or ticket

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 124

Section 124 of the Motor Vehicles Act, 1988 prohibits entry or travel in any stage carriage without a valid pass or ticket, imposes an immediate duty to tender fare upon boarding, and establishes statutory definitions covering duty passes, season passes, and travel tokens.

  • Prohibition Against Ticketless Travel: Enacts a statutory prohibition barring any person from entering or remaining in any stage carriage (public or private omnibus) without possessing a proper travel pass or journey ticket.
  • Immediate Fare Payment Obligation: Under the proviso, where ticketing occurs on board, the passenger is permitted to board but must tender the prescribed fare to the conductor (or driver acting as conductor) and obtain a valid ticket 'as soon as may be' after entry.
  • Comprehensive Statutory Definitions: Explains that 'ticket' includes any token of authorization for travel on payment, and 'pass' encompasses duty, privilege, or courtesy passes granting gratuitous or pre-paid travel rights for a specified period.
Key Landmark Precedents:
  • State of Karnataka v. Ganesh (1983) 2 SCC 344: The Supreme Court held that the provisions regulating ticket issuance and fare collection are essential for public transport administration, ruling that conductors who intentionally fail to issue tickets after pocketing fares commit criminal breach of trust under the Indian Penal Code.
  • D.T.C. v. Sardar Singh (2004) 7 SCC 574: The Supreme Court observed that statutory discipline regarding ticket verification and passenger carriage in public stage carriages directly affects public revenue, holding that habitual dereliction of ticketing duties by conductors warrants disciplinary dismissal.
Courtroom Practice & Strategic Litigation Guidance:

In departmental disciplinary inquiries or labor court disputes involving public transport conductors charged with carrying un-ticketed passengers, verify whether the inspection occurred between adjacent, short-distance stages before the conductor could reasonably complete fare collection under the 'as soon as may be' leeway in Section 124 proviso.