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This is an archive article published on May 25, 2013

IPL spot-fixing: India to get new law to spike 8216;dishonest practices8217;,says Kapil Sibal

Minister says will deal with such crimes in 'holistic manner' as mere amendments to IPC will not do.

In the wake of shocking allegations of spot-fixing in IPL that has also embroiled BCCI chief N. Srinivasan8217;s son-in-law Gurunath Meiyappan,a new standalone law to deal with 8220;dishonest practices8221; in all kinds of sports will be enacted soon. Announcing this here today,Law Minister Kapil Sibal said the new law was favoured by Attorney General G E Vahanvati as activities like match-fixing or spot-fixing are not covered under the present laws.

He told a press conference that the 8220;dishonest practices like match-fixing and spot-fixing8221; need to be dealt with in a 8220;holistic manner8221; and the new law was favoured instead of mere amendments to the Indian Penal Code.

8220;The first draft of the new law will be ready in three to four days,8221; he said,adding it will then be sent to the Sports Ministry for further consultations and opinions of experts.

Thew new law will be as broadbased as possible and cover not only cricket but all kinds of sports. However,it will not have retrospective effect.

In the fresh legislation,there will be a definition of 8220;dishonest practices8221; and will include any gesture or act which can change the course or outcome of a match or a tournament.

It will deal with corporates,bookies,criminals besides the players,including international players,he said.

Expressing confidence about the early enactment of the new law,Sibal said the Opposition is on board.

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In this context,he mentioned that Leader of Opposition in Rajya Sabha Arun Jaitley met him yesterday and favoured such a law,saying states would not be able to check such activities which have national and international dimensions.

Regretting that the government had not enacted such a law though the problem has existed for over a decade,Sibal said,8221;Cricket is passion for people of this country. We cannot let down crores of people.8221;

He said the AG was of the opinion that while amendments to the IPC could also help check such practices,it was better to have a 8220;standalone8221; law to deal with the menace.

The new law will follow the procedures laid down in the CrPC to deal with prosecution and punishment.

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In his opinion,Vahanvati said the proposed law will apply irrespective of whether or not betting or gambling are legal. The government8217;s top law officer also said that 8220;corruption can exist even if no gambling is involved.8221;

The Law Minister said in an era of latest technologies,any act or gesture using any means which results in dishonest practice will come under the wide definition of the new law.

AG8217;s opinion was sought as the government was not sure whether the Centre can enact a law on dishonesty in sports as sport is a State Subject under the Constitution.

8220;Dishonest practices like match-fixing and spot-fixing are so abhorrent to the concept of sport that they cannot fall within the concept of sports occurring in Entry 33 and as explained by the Supreme Court in the Cricket Association of Bengal case8230;,8221; Sibal said quoting the legal opinion.

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The said sports and crimes in sporting events were different to support his view that the Centre could frame the proposed law.

He said there was a need for a 8220;separate law8221; as the IPC does not recognise match-fixing and spot-fixing as offences.

He also said the offence of cheating does not adequately deal with the issue of spot-fixing and match-fixing.

But he refused to comment on suggestions that since spot-fixing and match-fixing are not covered under IPC,no offence was made against the accused of IPL spot-fixing. He said investigators would know which provision of the law would apply on the accused.

 

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