Introduction
Match-fixing is the biggest cons in the field of the sports industry. According to Collins English dictionary, “the act of arranging the outcomes of the match before its being played”. The Concept of match-fixing was introduced for the first time in Indian cricket when players like Ajay Jadeja, Mohd. Azharuddin and Manoj Prabhakar were charged with a serious allegation of match-fixing. These players were banned for 5 years but the issue still persists in the country because there is no legal provision that categorised Match-fixing as a serious crime.
As per section 415 of IPC, “whoever by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver the property to any person or to consent that any person shall retain any property or intentionally induces the persons so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property is said to cheat [I].“
Mostly, instances of match-fixing cases were being dealt under the provisions of Section 415 of the Indian Penal Code. The Provision of Section 415 was imposed because the players were assuming that they were responsible for a large number of people as they shared a fiduciary relationship of trust between them. In the case of match-fixing, players were involved in the sporting fraud, as they had breached the trust of the public.
Hon’ble Karnataka High Court’s View on Match-Fixing and Cheating
In a setback to Bengaluru city police, the High Court of Karnataka has held that the acts of match-fixing, allegedly occurred during Karnataka Premier League (KPL) cricket matches held in August 2019, did not amount to an offence of cheating under the Indian Penal Code (IPC) and quashed the charge sheet filed against two cricketers and others in the case.
Hon’ble High Court had ruled in the CM Gautam v. State of Karnataka[v], Hon’ble judge Harish Kumar said that it is truly said that players indulge in a match-fixing has a general feeling would arise from cheated the lovers of the game and doesn’t belong to the offence stated under IPC. The court had also highlighted that match-fixing means dishonesty, indiscipline and mental corruption of the player. It has also been mentioned that the Board of Cricket Council of India (BCCI) can initiate disciplinary action under their bye-laws for match-fixing and registering of FIR under section 420 is not maintainable. The Hon’ble High Court had also denied for the essential ingredients of cheating were not satisfying in the case of match-fixing. The court had also invoked the Karnataka Police Act against the bookie-petitioner and mentioned that betting amounts to gaming which is an offence under section 2(7), “wagering or betting in connection with any game of chance”. The court had quashed all the proceedings against the petitioners[vi].
BCCI’s domain
The court said, “The match-fixing may indicate dishonesty, indiscipline and mental corruption of a player and for this purpose, the Board of Control for Cricket in India (BCCI) is the authority to initiate disciplinary action. If the bylaws of the BCCI provides for the initiation of disciplinary action against players such an action is permitted. But registration of an FIR, on the grounds that a crime punishable under section 420 of the IPC has been committed, cannot be permitted.”
On the claim by the prosecution that match-fixing amounts to cheating and therefore the offence under section 420 of the IPC had been invoked in the chargesheet, the court said that for invoking section 420 of the IPC, the essential ingredients to be present are deception, dishonest inducement of a person to deliver any property or to alter or destroy the whole or any part of valuable security.
“No inducement”
Further, on the argument by the prosecution that cricket lovers go to watch the match by buying tickets and thereby they are “induced to part with their property, that is, their money,” the court said that, “of course, money is a property, but the argument that cricket lovers are induced to buy tickets cannot be accepted”.
“They [cricket lovers] may have a feeling that they are going to witness a fair game being played, but they buy tickets voluntarily. So question of inducement to buy ticket can be ruled out,” the court observed.
The court also declined to accept the argument that betting amounts to gaming, which is an offence under the Karnataka police act in case of KPL matches.
“If section 27 of the Karnataka Police Act is seen, its explanation very clearly says that game of chance does not include any athletic game or sport. Cricket is a sport and therefore even if betting takes place it cannot be brought within the ambit of definition of gaming found in the Karnataka Police Act,” the court observed.
“Even if the entire chargesheet averments are taken to be true on their face value, they do not constitute an offence,” the court made clear while quashing the entire criminal proceeding initiated against the petitioners.
Reasons for which Match Fixing cannot be considered as Cheating
According to the section 13(1)(d)(ii) of Prevention of Corruption Act is said to commit the offence of criminal misconduct if he abuses his power and position for obtaining other persons’ valuable thing or pecuniary advantage. Really a cricketer is a public servant? Cricketers were merely professionals governed by the statutory body? Really, they do any duty towards public? The answer for above question is No, the cricketers doesn’t serve any public duty. They were playing cricket for the entertainment purposes only. That’s why the cricketers were not covered under the Prevention of Corruption Act, 1988.
Conclusion
This research helps every individual to understand the concept of match-fixing and cheating. Match-fixings is one of the biggest issues highlighted as an illegal phenomenon haunting the lakh of cricket lovers and administrators for a long period of years. The players and other administrative staffs should be aware of the repercussion of involvement in such frauds. The Sporting authorities should adopt a compulsory code of conduct and ethics in every sporting association. The legalization of betting would also help in identifying the bookies and stopping them from contacting the players and other staffs.
The Government of India in 2013 had taken most remarkable step towards match-fixing and other sports frauds. The government had introduced The Prevention of Sporting Fraud Bill, 2013 in the Parliament. It has been drafted with the aim of preventing and combating sports fraud which affects the integrity of the sports. This legislation traces its origin to the spot-fixing controversy that engulfed the Indian Premier League (“IPL”)- a professional cricket league that is India’s most successful and profitable professional sports league in May 2013, when three Indian cricketers from the Rajasthan Royals team were said to have been involved in spot-fixing during certain league cricket matches. However, The Prevention of Sporting Fraud Bill (2013) was put into cold storage by the government in 2017. The Bill, which had a provision for five-year imprisonment and a fine of Rs 10 lakh for committing a sporting fraud, had been looked as a game-changer to curb the malpractices of match-fixing and betting.
Sport is thrilling because it involves risks and a sense of uncertainty till almost the very end. The fundamental feature which makes any sport exciting is the zeal to win by all players in the game. However, if a player’s intention is not victory but profit, it questions the very premise of the given sport, reducing it to a mere transaction. While it is obviously expected of players that they bring the highest level of integrity to their game, keeping external factors from adversely impacting the course of a match or game is the responsibility of concerned authorities and the government. In India, despite multiple incidents of sports fraud and match manipulation, there is little that has been done on an institutional level to monitor, prevent and sensitise stakeholders on the ills of corruption in sports and such judgements only add to the ambiguity in eyes of common mass.
[i] The Indian Penal Code (45 of 1860) Page No. 163 (Universal Law Publishing, Lexis Nexis) 2017
[iii] 1967 Cri LJ 1053 (Raj.)
[iv] Ibid., i
[v] 2020 Cri P. No. 2929 (Karnataka)
[vi] Match Fixing not “Cheating” under section 420 of Indian Penal Code: Karnataka High Court. (January 21, 2021) (Bar and Bench)
LAWBEES 