The High Court quashed the proceedings against four accused in the Karnataka Premier League (KPL) match-fixing case. Declining to accept the prosecution case that match fixing amounts to cheating under IPC section 420, Justice Sreenivas Harish Kumar said that a “general feeling of cheating” does not constitute an offence. The court said cricket being a sport cannot be brought within the ambit of definition of “gaming” under the provisions of Karnataka Police Act.
The court accepted the argument by counsel for the petitioners (accused) that the essential ingredients for invoking IPC section 420 was not found in the chargesheet. The essential ingredients 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.
Additional Advocate General Dhyan Chinnapa argued that fans buy tickets to watch the match and thereby they are induced to part with their property, which is their money. “Of course money is property, but his (AAG) argument that they are induced to buy tickets cannot be accepted. They may have a feeling they will witness a fair game, but they buy tickets voluntarily. So, the question of inducement is ruled out,” the court said.
The court also said that though a general feeling arises that a player has cheated the lovers of the game when he indulges in match fixing, this 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 BCCI bylaws 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 court said.
Advocate for one of the petitioners, Hashmat Pasha cited BCCI v/s cricket association of Bihar case in which the Apex Court had mandated the Law Commission to study the possibility of legalising betting in the country. It was argued that betting amounts to gaming which is an offence under the Karnataka Police Act.
“If section 2 (7) of 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 Karnataka Police Act,” the court said.
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