Mr Kumar said the offence of spot-fixing also attracts Section 3 of the Prevention of Money Laundering Act
Cricketer S Sreesanth (Photo:AP)
Hyderabad: Sreesanth, Ankeet Chavan and Ajit Chandila may well have gotten away from charges being framed against them in the court of law but there is no special or specific provision under the Indian Penal Code to dealt with ‘spot fixing’ in cricket, according to criminal lawyer S. Pradeep Kumar.
“It is dealt with under Section 420 (cheating),” Mr Kumar said. He said that to establish an offence of cheating, exchange of property; wrongful loss and wrongful gain and deceiving of any individual or society is required to be shown. “In spot-fixing, the above acts are very much involved as money is exchanged between players and the ’fixing organisers and it is an act where the players enjoy wrongful gain and the nation suffers a wrongful loss,” Mr Kumar explained. “If players indulge in such offences, it amounts to deceit,” he observed. Mr Kumar said the offence of spot-fixing also attracts Section 3 of the Prevention of Money Laundering Act, as in most cases the money comes from outside the country.
He said that it was essential for the government to bring a special law, on the lines of the special laws that govern defence personnel, to deal with offences involving sports personalities.
The Indian Evidence Act does not accept transcripts from wire taps. Under the UK sports laws such evidence is admissible, which is why three Pakistani cricketers were jailed in November 2011 for conspiring to bowl deliberate no-balls in a Test match against England.
( Source : deccan chronicle )
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