In its continuing efforts for cleansing of sports in India, the Ministry of Youth Affairs and Sports in consultation with the Ministry of Law has drafted a specialized legislation namely the PREVENTION OF SPORTING FRAUD BILL, 2013. The Draft Bill has been released in public domain for inviting comments/suggestions of general public and the stakeholders. General public and the stakeholders may make suggestions/comments and send the same to the Ministry within 21 days by 3rd December, 2013.
Draft Bill in its present form, inter-alia, defines Sporting Fraud and sporting event, contains provisions of penalty to the offenders and deals with the issue of Jurisdiction of Courts to adjudicate the matter, etc.
Salient features of the provisions in the draft bill are as follows:-
(i) A person is said to commit the offence of sporting fraud if he, directly or indirectly:-
• manipulates or tries to manipulate sports result, irrespective of whether the outcome is actually altered or not
• deliberately misapplies the rules of the sport
• removes or reduces all or part of the uncertainty normally associated with the results of a sporting event
• wilfully fails to perform to his true potential, unless such under performance can be attributed to strategic or tactical reason deployed in the interest of that sport or team • discloses insider information
• Fails to disclose knowledge of or attempt for Sporting Fraud.
(ii) Maximum punishment has been proposed to be imprisonment for five years and with fine of ten lakhs or five times the economic benefits derived by the person from sporting fraud, whichever is greater.
(iii) Whoever attempts or causes to commit the offence of sporting fraud shall be punishable with the same punishment as provided for the offence.
(iv) A person who abets the commission of sporting fraud shall be punishable with the same punishment as provided for the offence
(v) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act.