Institute of Legal and Management Studies

In a matter flagging the consequences of betting and match-fixing, the Board of Control for Cricket in India (BCCI) has come out in support of constitution of match-fixing as a criminal offense.

A bench of Justices Surya Kant and Joymalya Bagchi was informed of the BCCI's stance today by Advocate Shivam Singh, who was appointed as Amicus Curiae to assist in the matter.

Singh apprised the Court that BCCI has filed an intervention application supporting criminalization of match-fixing. This application states that match-fixing constitutes an offense under the IPC (replaced by BNS), inasmuch as an accused can be charged with "cheating".

"the act of match fixing clearly constitutes an offense of cheating, as it attracts all the ingredients of cheating, i.e., deception, fraudulent or dishonest inducement, intentional inducement to do or omit anything causing damage or harm. Therefore, the Accused can be charged for the offense of cheating under Section 415 r/w Section 417 of IPC", BCCI's application avers.

Insofar as Section 420 IPC requires "delivery of property", BCCI highlights that money is spent by spectators to watch the matches in stadiums, fan parks, etc. as well as invested by sponsors in leagues, teams, merchandise, etc. Therefore, match fixing is punishable under Section 420.

The BCCI also points out that in its 276th Report of 2018, the Law Commission of India recommended that match fixing and sports fraud be made criminal offenses with severe punishments.

Background

Reportedly, a few years ago, Karnataka police filed a chargesheet under Section 420 IPC against Indian Premier League players CM Gautam (Deccan Chargers and Mumbai Indians; former Ranji captain of Karnataka) and Abrar Kazi (Royal Challengers Bengaluru, Ranji Karnataka and Mizoram) over alleged involvement in match-fixing during Karnataka Premier League 2019. As per allegations, both players received Rs.20 lakhs from bookies to bat slowly during the finals, which led the opposite team-Hubli Tigers to win by 8 runs.

However, the proceedings were quashed by the High Court on the ground that match-fixing did not constitute the offense of cheating, and if warranted, BCCI could take a disciplinary action. It was noted that for invoking offence under Section 420 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 a valuable security.

"It is true that if a player indulges in match fixing, a general feeling will arise that he has cheated the lovers of the game. But, this general feeling does not give rise to an offence. The match fixing may indicate dishonesty, indiscipline and mental corruption of a player and for this purpose the BCCI is the authority to initiate disciplinary action. If the bye-laws of the BCCI provide for initiation of disciplinary action against a player, such an action is permitted but, registration of an FIR on the ground that a crime punishable under section 420 IPC has been committed, is not permitted. Even if the entire charge sheet averments are taken to be true on their face value, they do not constitute an offence", the High Court observed.

Challenging the High Court decision, Karnataka government approached the Supreme Court.

Case Title: STATE OF KARNATAKA AND ANR. Versus ABRAR KAZI AND ORS., SLP(Crl) No. 9408-9411/2022