KPL match-fixing scandal sparks talks on forming new law

KPL scandal now has raised many questions with the BCCI higher-ups persuading to from a new law altogether for a fraud like match-fixing

The latest development in the match-fixing scandal in the Karnataka Premier League (KPL) has led to the arrest of two first-class players and has popped up many questions regarding the integrity of not just cricket as a sport but also the integrity of the nation. The earlier India A and Karnataka wicketkeeper CM Gautam and another player named Abrar Qazi are now arrested by the Central Crime Branch of Bengaluru Police under the charges of match-fixing in the finals of KPL between Bellary Tuskers and Hubli Tigers. The whole scandal came under the spotlight after the owner of Belagavi Panthers Ali Ashfaq Thara got arrested.

This scandal has raised many questions about the legal procedures that should be specifically made for frauds that take place in the sports, to be precise a special new law to control match-fixing. But is that practically possible to have a law that will make things easier in finding the right way to deal with match-fixing scandals? Though the Law Commission has already recommended a separate law for match-fixing and sports fraud, but then again a question that comes to my mind, how the crime will be proved in the court of law?

BCCI’s Anti Corruption Unit has too much on its plate

During the time of Tamil Nadu Premier League (TNPL) over half-a-dozen match and spot-fixing approaches were made to the players and the inquiry in that matter is still ongoing. These state-owned leagues and the IPL are hot times for bookies to approach the players as the tournaments are completely commercialized. Some people have opinioned that BCCI’s ACU has a lot on its plate that it is not able to focus on such serious matters. Already Tamil Nadu, Karnataka, Saurashtra and Mumbai Cricket Associations have their T20 leagues going and other states are also planning to come up with their own leagues. This makes it difficult for ACU to manage everything.

Right now, the BCCI’s ACU that is headed by former Rajasthan DGP Ajit Singh Shekhawat has eight more members. And now the IPL also comes under BCCI’s ACU which was earlier under ICC’s anti-corruption unit.

Currently the match-fixing comes under the Section 420 of Indian Penal Code which states that, "whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable fine."

Along with Section 420, the offenders of match-fixing are also charged under Section 120B and 409. Though these are the designated section for players committing match or spot-fixing, it is very difficult to get a conviction as verifying the conspiracy or cheating or a criminal offense by the players will require a lot of evidence. And if the conviction happens, the maximum possible sentence under 420 would be imprisonment up to 7 years and a fine (compoundable by the person cheated, with the permission of the court), and under 120B, it could be the imprisonment up to 6 months and a fine (non-compoundable). If sentenced under 409, then the maximum sentence could be a lifetime in prison or up to ten years in prison and a fine (non-compoundable).

Making amendments in the existing law

According to the Chairman of Bar Council of Maharashtra and Goa Advocate Avinash Bhide, “It is logical if there is an amendment instead of drafting a completely new law for this purpose. The rules and regulations that are already there in the sport of cricket and the rules that are being already adopted by the ACU should be taken into consideration and then the Penal provisions should be included in the law.”

Match-fixing is an act of cheating and the person committing such acts should be punished. And it would be better if the amendments take place in the Indian Penal Code. It is not that BCCI does not do anything about such cases, it does take measures at its end and then there are already the sections of IPC that are acting as a helping hand to BCCI to make sure that the person who is committing such crime is punished.

But proving the crime of match-fixing will still be tedious even if amendments take place instead of the formation of a new law. “It is indeed difficult to prove a crime that involves match-fixing. Therefore, in such a case, the Evidence Law comes into the picture. The complete scenario needs to be documented here which includes that there was planning, or the player was approached or a decision was made. Because it is difficult to stamp on a situation that the batsman batted slowly, or the bowler made the over slow. There should be verified documentation of the complete circumstances like a phone recording or exchange of massages to name a few that should point out towards conspiracy. But if there is direct evidence then it will be easy to prove,” opines Adv Bhide.

In short, there should be amendments that should define severe punishments for the act of match or spot-fixing which will surely help in curbing the menace. But it is not just about the legal side of the sport that needs an alternation, even the players should feel the responsibility that they are not just playing a game, they are playing for their nation. It is the moral duty of the player to report any approaches regarding this serious issue otherwise that becomes an act of Moral Turpitude and that should not be violated in any condition as in the end it hurts the sentiments of the people who religiously support not just the sport but the players as well.

(Disclaimer: The opinions expressed are the personal views of the author. The facts and opinions appearing in the article do not reflect the views of Devdiscourse and Devdiscourse does not claim any responsibility for the same.)