- 1.1 The BCCI has adopted this Anti-Corruption Code in recognition of the following fundamental sporting imperatives:
- 1.1.1 All cricket matches are to be contested on a level playing-field, with the outcome to be determined solely by the respective merits of the competing teams and to remain uncertain until the cricket match is completed. This is the essential characteristic that gives sport its unique appeal.
- 1.1.2 Public confidence in the authenticity and integrity of the sporting contest is therefore vital. If that confidence is undermined, then the very essence of cricket will be shaken to the core. It is the determination to protect that essence of cricket that has led the Board of Control for Cricket in India to adopt this Anti-Corruption Code.
- 1.1.3 Advancing technology and increasing popularity have led to a substantial increase in the amount, and the sophistication, of betting on cricket matches. The development of new betting products, including spread-betting and betting exchanges, as well as internet and phone accounts that allow people to place a bet at any time and from any place, even after a cricket match has started, have all increased the potential for the development of corrupt betting practices. That, in turn, increases the risk that attempts will be made to involve participants in such practices. Even where that risk is more theoretical than practical, its consequence is to create a perception that the integrity of the sport is under threat.
- 1.1.4 Furthermore, the nature of this type of misconduct is such that it is carried out under cover and in secret, thereby creating significant challenges for the BCCI in the enforcement of rules of conduct. As a consequence, the BCCI needs to be empowered to seek information from and share information with competent authorities and other relevant third parties, and to require Participants to cooperate fully with all investigations and requests for information.
- The BCCI is committed to taking every step in its power to prevent corrupt betting practices undermining the integrity of the sport of cricket, including any efforts to influence improperly the outcome or any other aspect of any Match or Event.
- 1.1.5 The BCCI is committed to taking every step in its power to prevent corrupt betting practices undermining the integrity of the sport of cricket, including any efforts to influence improperly the outcome or any other aspect of any Match or Event.
- 1.2 This Anti-Corruption Code is to be interpreted and applied by reference to the fundamental sporting imperatives described in Article 1.1. This includes but is not limited to cases where an issue arises that is not expressly addressed in this Anti-Corruption Code. Such interpretation and application shall take precedence over any strict legal or technical interpretations of this Anti-Corruption Code that may otherwise be proposed.
- 1.3 All Participants are automatically bound by and required to comply with all the provisions of the Anti-Corruption Code. Accordingly, by their participation (in the case of a Player) or assistance in a Player's participation (in the case of a Player Support Personnel), or appointment to officiate (in the case of an Umpire or Match Referee) or appointment to support an Umpire or Match Referee (in the case of an Umpire Support Personnel) in a Domestic Match or International Match, such Participants shall deemed to have agreed:
- 1.3.1 All Participants are automatically bound by and required to comply with all the provisions of the Anti-Corruption Code. Accordingly, by their participation (in the case of a Player) or assistance in a Player's participation (in the case of a Player Support Personnel), or appointment to officiate (in the case of an Umpire or Match Referee) or appointment to support an Umpire or Match Referee (in the case of an Umpire Support Personnel) in a Domestic Match or International Match, such Participants shall deemed to have agreed:
- 1.3.2 that it is their personal responsibility to familiarise themselves with all of the requirements of this Anti-Corruption Code, including what conduct constitutes an offence under this Anti-Corruption Code, and to comply with those requirements;
- 1.3.3 to submit to the authority of the BCCI (including as delegated to any member of the ACU) to adopt, apply, monitor and enforce this Anti-Corruption Code;
- 1.3.4 to submit to the exclusive jurisdiction of the BCCI Disciplinary Committee convened under this Anti-Corruption Code to hear and determine charges brought by the BCCI and/or related issues under this Anti-Corruption Code;
- 1.3.5 not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submissions to the jurisdiction of the BCCI Disciplinary Committee.
- 1.4 Each Participant shall continue to be bound by and required to comply with this Anti-Corruption Code until he/she has not participated (in the case of a Player) or assisted in a Player's participation (in the case of a Player Support Personnel) or officiated (in the case of an Umpire or Match Referee) or been appointed to support an Umpire or Match Referee (in the case of an Umpire Support personnel) in a Domestic Match or International Match for a period of twelve (12) months. The BCCI shall continue to have jurisdiction over him/her under this Anti-Corruption Code thereafter in respect of matters taking place prior to that point.
- 1.5 Without prejudice to Articles 1.3 and 1.4, the BCCI (through the ACU) shall be responsible for promoting Anti-Corruption Code awareness and education amongst Participants.
- 1.6 This Anti-Corruption Code also requires Participants in International Matches and Participants in Domestic Matches played in any other National Cricket Federation's territory not to commit Corrupt Conduct in respect of Domestic Matches played in the BCCI's territory. By virtue of agreeing to be bound by the ICC Anti-Corruption Code or the anti-corruption rules of any other National Cricket Federation (as applicable), each such Participant is deemed also to have agreed to be bound by this Anti-Corruption Code and to submit to the jurisdiction of BCCI to investigate, and BCCI Disciplinary Committee convened under this Anti-Corruption Code to hear and determine, any allegation by the BCCI that he has committed Corrupt Conduct in respect of Domestic Matches played in the BCCI's territory.
- 1.7 The conduct prohibited under this Anti-Corruption Code may also be a criminal offence and/or a breach of other applicable laws or regulations (including the ICC Anti-Corruption Code and/or anti-corruption rules of other National Cricket Federations). This Anti-Corruption Code is intended to supplement such laws and regulations with further rules of professional conduct and not intended, and should not be interpreted, construed or applied, to prejudice or undermine in any way the application of such laws and regulations. Participants must comply with all applicable laws and regulations at all times.
- 1.8 Where a Participant's alleged Corrupt Conduct would amount to a violation both of this Anti-Corruption Code and of the anti-corruption rules of any other National Cricket Federation and/or of the ICC Anti-Corruption Code:
- 1.8.1 if the alleged Corrupt Conduct is in respect of one or more Domestic Matches played in the BCCI's territory, the BCCI will have the first right and responsibility to take action against the Participant, under this Anti-Corruption Code;
- 1.8.2 if the alleged Corrupt Conduct is in respect of one or more Domestic Matches played in the other National Cricket Federation's territory, the other National Cricket Federation will have the first right and responsibility to take action against the Participant, under the relevant anti-corruption rules of the National Cricket Federation, and the BCCI will not take action against the Participant for such Corrupt Conduct under this Anti-Corruption Code unless the other National Cricket Federation so agrees, or the other National Cricket Federation fails or refuses to take action itself within a reasonable time;
- 1.8.3 if the alleged Corrupt Conduct is in respect of one or more International Matches, the ICC will have the first right and responsibility to take action against the Participant, under the ICC Anti-Corruption Code, and the BCCI will not take action against the Participant under this Anti-Corruption Code for such Corrupt Conduct unless the ICC so agrees; and
- 1.8.4 if the alleged Corrupt Conduct is in respect of one or more Domestic Matches played in the BCCI's territory and in respect of one or more International Matches and/or one or more Domestic Matches played in another National Cricket Federation's territory, the BCCI and the ICC and/or the other National Cricket Federation (as applicable) shall agree between them which of them shall take action against the Participant (and in the event of a failure to agree, the ICC will determine which of them shall take action).
- 1.9 Unless otherwise indicated, references in this Anti-Corruption Code to Articles and Appendices are to articles and appendices of this Anti-Corruption Code. Words in italicised text in this Anti-Corruption Code are defined terms and their respective definitions are set out in Appendix 1.
- 2.1 Corruption:
- 2.1.1Fixing or contriving in any way or otherwise influencing improperly, or being a party to any effort to fix or contrive in any way or otherwise influence improperly, the result, progress, conduct or any other aspect of any Match or Event.
- 2.1.2 Seeking, accepting, offering or agreeing to accept any bribe or other Reward to fix or to contrive in any way or otherwise to influence improperly the result, progress, conduct or any other aspect of any Match or Event.
- 2.1.3 Failing or refusing, for Reward, to perform to one's abilities in a Match.
- 2.1.4 Soliciting, inducing, enticing, instructing, persuading, encouraging or facilitating (a) any Participant to commit an offence under any of the foregoing provisions of this Article 2.1 and/or (b) any other person to do any act that would be an offence if that person were a Participant
- 2.2 Betting:
- 2.2.1 Placing, accepting, laying or otherwise entering into any Bet with any other party (whether individual, company or otherwise) in relation to the result, progress, conduct or any other aspect of any Match or Event.
- 2.2.2 Soliciting, inducing, enticing, instructing, persuading, encouraging, facilitating or authorising any other party to enter into a Bet for the direct or indirect benefit of the Participant in relation to the result, progress, conduct or any other aspect of any Match or Event.
- 2.2.3 Ensuring the occurrence of a particular incident in a Match or Event, which occurrence is to the Participant's knowledge the subject of a Bet and for which he/she expects to receive or has received any Reward.
- 2.3 Misuse of Inside Information:
- 2.3.1 Using, for Betting purposes, any Inside Information.
- 2.3.2 Disclosing Inside Information to any person (with or without Reward) before or during any Match or Event where the Participant might reasonably be expected to know that disclosure of such information in such circumstances could be used in relation to Betting.
- 2.3.3 Soliciting, inducing, enticing, persuading, encouraging or facilitating (a) any Participant to commit an offence under any of the foregoing provisions of this Article 2.3 and/or (b) any other person to do any act that would be an offence if that person were a Participant.
Note: Any potential offence under this Article will be considered on its own set of facts and the particular circumstances surrounding any relevant disclosure. For example, it may be an offence under this clause to disclose Inside Information: (a) to journalists or other members of the media; and/or (b) on social networking websites where the Participant might reasonably be expected to know that disclosure of such information in such circumstances could be used in relation to Betting. However, nothing in this Article is intended to prohibit any such disclosure made within a personal relationship (such as to a member of the Participant's family) where it is reasonable for the Participant to expect that such information can be disclosed in confidence and without being subsequently used for Betting.
- 2.4 General:
- 2.4.1 Providing or receiving any gift, payment or other benefit (whether of a monetary value or otherwise) in circumstances that the Participant might reasonably have expected could bring him/her or the sport of cricket into disrepute.
- 2.4.2 Failing or refusing to disclose to the ACU BCCI (without undue delay) full details of any approaches or invitations received by the Participant to engage in conduct that would amount to a breach of this Anti-Corruption Code.
- 2.4.3 Failing or refusing to disclose to the ACU BCCI (without undue delay) full details of any incident, fact, or matter that comes to the attention of a Participant that may evidence an offence under this Anti-Corruption Code by a third party, including (without limitation) approaches or invitations that have been received by any other party to engage in conduct that would amount to a breach of this Anti-Corruption Code.
- 2.4.4 Failing or refusing, without compelling justification, to cooperate with any reasonable investigation carried out by the Designated Anti-Corruption Official (or his/her designee) in relation to possible offences under this Anti-Corruption Code, including failure to provide any information and/or documentation requested by the Designated Anti-Corruption Official (or his/her designee) (whether as part of a formal Demand pursuant to Article 4.3 or otherwise) that may be relevant to such investigation.
Note: This Article is only intended to catch 'disrepute' that, when considered in all of the relevant circumstances, relates (directly or indirectly) to any of the underlying imperatives of and conduct prohibited by this Anti-Corruption Code (including as described in Article 1.1). Where any substantial gift, payment or other benefit is received by any Participant from an unknown person or organization and/or for no apparent reason, such Participant is advised to report such receipt to the Designated Anti-Corruption Official (or his/her designee). Where such Participant does not make such a report, then that is likely to constitute strong evidence of the commission of this offence.
Note:All Participants shall have a continuing obligation to report any new incident, fact, or matter that may evidence an offence under this Anti-Corruption Code to the ACU BCCI, even if the Participants' prior knowledge has already been reported.
- 2.5 For the purposes of this Article 2:
- 2.5.1 Any attempt by a Participant, or any agreement between (a) a Participant and (b) any other person, to act in a manner that would culminate in the commission of an offence under this Anti-Corruption Code, shall be treated as if an offence had been committed, whether or not such attempt or agreement in fact resulted in the commission of such offence. However, there shall be no offence under this Anti-Corruption Code where the Participant renounces the attempt or agreement prior to it being discovered by a third party not involved in the attempt or agreement.
- 2.5.2 A Participant who authorises, causes, knowingly assists, encourages, aids, abets, covers up or is otherwise complicit in any acts or omissions of the type described in Articles 2.1 - 2.4 committed by his/her coach, trainer, manager, agent, family member, guest or other affiliate or associate shall be treated as having committed such acts or omissions himself and shall be liable accordingly under this Anti-Corruption Code.
- 2.6 The following are not relevant to the determination of whether an offence has been committed under this Anti-Corruption Code (although they may be relevant to the issue of the sanction to be imposed under Article 6 in the event that it is determined that an offence has been committed):
- 2.6.1 Whether or not the Player him/herself was participating, or a Player assisted by the Player Support Personnel was participating, or the Umpire or Match Referee was officiating, or the Umpire Support Personnel was assisting in the specific Match or Event in question.
- 2.6.2 The nature or outcome of any Bet(s) in issue.
- 2.6.3 The outcome of the Match(es) or Event(s) on which such Bet was made.
- 2.6.4 Whether or not the Participants' efforts or performance (if any), in the Match(es) or Event(s) in issue were (or could be expected to have been) affected by the acts or omissions in question.
- 2.6.5 Whether or not any of the results in the Match(es) or Event(s) in issue were (or could be expected to have been) affected by the act or omissions in question.
- 2.7 It shall be a valid defence to a charge of an offence under this Anti-Corruption Code to prove, on the balance of probabilities, that the alleged offence was committed (and that it was not reported to the ACU BCCI thereafter) due to the Participant's honest and reasonable belief that there was a serious threat to his/her life or safety or to the life or safety of any other person.
- 3.1 Unless otherwise described herein, the burden of proof shall be on the Designated Anti-Corruption Official (or his/her designee) and the standard of proof in all cases brought under this Anti-Corruption Code shall be whether the BCCI Disciplinary Committee is comfortably satisfied, bearing in mind the seriousness of the allegation that is being made, that the alleged offence has been committed. This standard of proof in all cases shall be determined on a sliding scale from, at a minimum, a mere balance of probability (for the least serious offences) up to proof beyond a reasonable doubt (for the most serious offences).
- 3.2 The BCCI Disciplinary Committee shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to an offence under this Anti-Corruption Code may be established by any reliable means, including admissions. The following rules of proof shall be applicable at hearings and in the proceedings generally:
- 3.2.1 The BCCI Disciplinary Committee shall have discretion to accept any decision of a court or professional disciplinary tribunal of competent jurisdiction that is not the subject of a pending appeal and in which certain facts are established as irrebuttable evidence against the Participant to whom the decision pertained of those facts, unless the Participant establishes that the decision violated principles of natural justice.
- 3.2.2 The BCCI Disciplinary Committee may draw an inference adverse to the Participant who is asserted to have committed an offence under this Anti-Corruption Code based on his/her failure or refusal, without compelling justification, after a request made in a reasonable time in advance of any hearing, to appear at the hearing (either in person or telephonically as directed by the BCCI Disciplinary Committee) and to answer any relevant questions.
- 4.1 Any allegation or suspicion of a breach of this Anti-Corruption Code, whatever the source, shall be referred to the Designated Anti-Corruption Official (or his/her designee) for investigation and possible charge in accordance with Article 4.5.
- 4.2 The Designated Anti-Corruption Official (or his/her designee) may conduct investigations into the activities of any Participant who he/she believes may have committed an offence under this Anti-Corruption Code. Such investigations may be conducted in conjunction with, and information obtained in such investigations may be shared with, the ICC and/or other National Cricket Federations and/or other relevant authorities (including criminal justice, administrative, professional and/or judicial authorities) and all Participants must cooperate fully with such investigations. The Designated Anti-Corruption Official (or his/her designee) shall have discretion, where he/she deems appropriate, to stay his/her own investigation pending the outcome of investigations being conducted by the ICC and/or other National Cricket Federations and/or other relevant authorities.
- 4.3 As part of any such investigation, if the Designated Anti-Corruption Official (or his/her designee) reasonably suspects that a Participant (or a third party whose actions may be imputed to the Participant) has committed an offence under this Anti-Corruption Code, he/she may make a written demand to such Participant (a "Demand") to furnish to him/her with any information that is reasonably related to the alleged offence, including, without limitation: (a) copies or access to all records relating to the alleged offence (such as telephone records, Internet services records and/or other records stored on computer hard drives or other information storage equipment); and/or (b) a written statement made by the Participant setting out in detail all of the facts and circumstances of which the Participant is aware with respect to the alleged offence. Provided that any such Demand has been issued in accordance with this Article 4.3, the Participant shall cooperate fully with such Demand, including by furnishing such information within such reasonable period of time as may be determined by the Designated Anti-Corruption Official (or his/her designee), which in any event, should be no earlier than seven days after the Player's or Player Support Personnel's receipt of the Demand. Where appropriate, the Participant may seek an extension of such deadline by providing the Designated Anti-Corruption Official (or his/her designee) with cogent reasons to support an extension, provided that the decision to grant or deny such extension shall be at the ultimate discretion of the Designated Anti-Corruption Official (or his/her designee), acting reasonably at all times.
- 4.4 Any information furnished to the Designated Anti-Corruption Official (or his/her designee) (whether as part of an investigation or pursuant to a specific Demand) will not be used for any reason other than pursuant to this Anti-Corruption Code and will be kept strictly confidential except when:
- 4.4.1 it becomes necessary to disclose such information in support of a charge of an offence under this Anti-Corruption Code;
- 4.4.2 such information is required to be disclosed by any applicable law;
- 4.4.3 such information is already published or a matter of public record, readily acquired by an interested member of the public, or disclosed according to the rules and regulations governing the relevant Match or Event; and/or
- 4.4.4 such information may also amount to evidence of infringements of other applicable laws or regulations (in which case the Designated Anti-Corruption Official (or his/her designee) may share such information with the competent authorities -- including the ICC, other National Cricket Federations and/or any applicable police, taxation, fraud, criminal intelligence or other authorities -- whether pursuant to formal information-sharing agreements with such authorities or otherwise).
- 4.5 Where, following an investigation, the Designated Anti-Corruption Official (or his/her designee) determines that there is a case to answer under Article 2, then the Participant shall be sent written notice of the following (the "Notice of Charge"), :
- 4.5.1 that the Participant has a case to answer under Article 2;
- 4.5.2 the specific offence(s) that the Participant is alleged to have committed;
- 4.5.3 details of the alleged acts and/or omissions relied upon in support of the charge;
- 4.5.4 the range of sanctions applicable under this Anti-Corruption Code if it is established that the Participant has committed the offence(s) charged;
- 4.5.5 (where applicable) the matters relating to Suspension specified at Article 4.6; and
- 4.5.6 the matters relating to responding to a Notice of Charge specified at Article 4.7.
- 4.6Suspension
- 4.6.1 Where the Director ACU (or his/her designee) decides (a) that there is a strong, arguable case against the Participant on the allegations that are made against him/her, and (b) that, in such circumstances, the integrity of the sport could otherwise be seriously undermined, to Suspend the Participant pending the Anti-Corruption Disciplinary Committee's determination of whether he/she has committed an offence. The Director ACU (or his/her designee) will notify the Participant of the Suspension.
- 4.6.2 Where a full hearing under Article 5 has not been convened within three (3) months of the imposition of a Suspension, the Participant shall be entitled to apply to the Chairman of the BCCI Disciplinary Committee (sitting alone) to lift the Suspension. If such an application is made, it shall be the burden of the Designated Anti-Corruption Official (or his/her designee) to establish that there is/remains (a) a strong, arguable case against the Player or the Player Support Personnel on the allegation(s) that have been made against him/her; and (b) a risk that the integrity of the sport could be seriously undermined if the Suspension was lifted. The Chairman of the BCCI Disciplinary Committee shall have discretion to determine the procedure for considering such application as he considers appropriate provided that the Participant is afforded a fair and reasonable opportunity to present evidence, address the Chairman of the BCCI Disciplinary Committee and present his/her case.
- 4.6.3 No Participant who is the subject of any Suspension may, during the period of any Suspension, play, coach or otherwise participate or be involved in any capacity in any Match or any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programmes) that is authorised, organised, sanctioned, recognised or supported in any way by the BCCI, the ICC, another National Cricket Federation or any member of a National Cricket Federation. The ICC and other National Cricket Federations will be entitled to give effect to and enforce this Article 4.6.3 in their respective geographical jurisdictions.
- 4.7Responding to a Notice of Charge
- 4.7.1 The Notice of Charge shall specify that, if the Participant wishes to exercise his/her right to a hearing before the BCCI Disciplinary Committee, he/she must submit a written request for such a hearing so that it is received by the Designated Anti-Corruption Official (or his/her designee) as soon as possible, but in any event within fourteen (14) days of the receipt by the Participant of the Notice of Charge. The request must also state how the Participant responds to the charge(s) and must explain (in summary form) the basis for such response.
- 4.7.2 If the Participant fails or refuses to file a written request for a hearing before the BCCI Disciplinary Committee by the deadline specified in Article 4.7.1 (or by any extended deadline that the Designated Anti-Corruption Official (or his/her designee) deems appropriate), then he/she shall be deemed to have:
- 4.7.2.1 waived his/her entitlement to a hearing;
- 4.7.2.2 admitted that he/she has committed the offence(s) under this Anti-Corruption Code specified in the Notice of Charge; and
- 4.7.2.3 acceded to the range of applicable sanctions specified in the Notice of Charge.
IIn such circumstances, a hearing before the BCCI Disciplinary Committee shall not be required. Instead, the BCCI Disciplinary Committee shall promptly consider the evidence (as well as any submissions made by the Designated Anti-Corruption Official), make a determination and issue a public decision confirming the offence(s) under this Anti-Corruption Code specified in the Notice of Charge and the imposition of an applicable sanction within the range specified in the Notice of Charge.
- 4.7.3 Where the Participant does request a hearing in accordance with Article 4.7.1, the matter shall proceed to a hearing in accordance with Article 5.
- 5.1 Hearings under this Anti-Corruption Code
- 5.1.1 Where the Designated Anti-Corruption Official (or his/her designee) alleges that a Participant has committed an offence under this Anti-Corruption Code, and the Participant denies the allegation, and/or disputes the sanctions to be imposed for such offence under this Anti-Corruption Code, then the matter shall be referred to the Chairman of the BCCI Disciplinary Committee
- 5.1.2 The Chairman of the BCCI Disciplinary Committee shall:
- 5.1.2.1 determine the date(s) upon which the full hearing shall be held. Save in exceptional circumstances or where the parties otherwise agree, the full hearing should take place no longer than sixty (60) days after the receipt by the Participant of the Notice of Charge;
- 5.1.2.2 make such order as the Chairman of the BCCI Disciplinary Committee shall deem appropriate in relation to the production of relevant documents and/or other materials between the parties.
- 5.1.3 If, because of a legitimate objection or for any other reason, a member of the BCCI Disciplinary Committee is, or becomes, unwilling or unable to hear the case, then the Chairman of the BCCI Disciplinary Committee may, at his/her absolute discretion: (a) appoint a replacement member of the BCCI Disciplinary Committee; or (b) authorise the remaining members of the BCCI Disciplinary Committee to hear the case on their own.
- 5.1.4 Subject to Article 7 and the discretion of the Chairman of the BCCI Disciplinary Committee to order otherwise for good cause shown by either party and unless otherwise agreed between the parties, hearings before the BCCI Disciplinary Committee shall be conducted on a confidential basis.
- 5.1.5 Each of the Designated Anti-Corruption Official (or his/her designee),the Participant has the right to be present and to be heard at the hearing and (at his/her or its own expense). Where there is compelling justification for the non-attendance by any party at the hearing, then such party shall be given the opportunity to participate in the hearing by telephone or video conference (if available).
- 5.1.6 Without prejudice to Article 3.2.2, the Participant may choose not to appear in person at the hearing, but instead provide a written submission for consideration by the BCCI Disciplinary Committee, in which case the BCCI Disciplinary Committee shall consider the submission in its deliberations. However, the non-attendance of the Participant at the hearing, after proper notice of the hearing has been provided, without compelling justification, shall not prevent the BCCI Disciplinary Committee from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
- 5.1.7 The procedure to be followed at the hearing shall be at the discretion of the Chairman of the BCCI Disciplinary Committee, provided that the hearing is conducted in a manner that offers the Participant a fair and reasonable opportunity to present evidence , address the BCCI Disciplinary Committee and present his/her case.
- 5.1.8 For the avoidance of any doubt, where two or more Players or Player Support Personnel are alleged to have committed offences under this Anti-Corruption Code, they may both be dealt with at the same hearing where the proceedings arise out of the same incident or set of facts, or where there is a clear link between separate incidents.
- 5.2 Decisions of the BCCI Disciplinary Committee
- 5.2.1 The BCCI Disciplinary Committee shall announce its decision in writing, with reasons, as soon as reasonably practicable after the conclusion of the hearing. That written decision will set out and explain:
- 5.2.1.1 with reasons, the BCCI Disciplinary Committee's findings as to whether any offence(s) under this Anti-Corruption Code has/have been committed;
- 5.2.1.2 with reasons, the BCCI Disciplinary Committee's findings as to what sanctions, if any, are to be imposed (including any fine and/or period of Ineligibility);
- 5.2.1.3 with reasons, the date that such period of Ineligibility shall commence pursuant to Article 6.4; and Any such written decision (with reasons) will be provided to the Participant, the Designated Anti-Corruption Official (or his/her designee).
- 5.2.1 The BCCI Disciplinary Committee shall announce its decision in writing, with reasons, as soon as reasonably practicable after the conclusion of the hearing. That written decision will set out and explain:
- 5.2.2 The BCCI Disciplinary Committee shall have discretion to announce the substance of its decision to the parties prior to the issue of the written reasoned decision referred to in Article 5.2.1 in cases where a Suspension has been imposed or where it otherwise deems appropriate. For the avoidance of doubt, however the BCCI Disciplinary Committee shall still be required to issue a written, reasoned decision in accordance with Article 5.2.1.
- 5.2.3 The BCCI Disciplinary Committee's decision shall be the full, final and complete disposition of the matter and will be binding on all parties.
- 6.1 Where it is determined that an offence under this Anti-Corruption Code has been committed, the BCCI Disciplinary Committee will be required to impose an appropriate sanction upon the Participant from the range of permissible sanctions described in Article 6.2. In order to determine the appropriate sanction that is to be imposed in each case, the BCCI Disciplinary Committee must first determine the relative seriousness of the offence, including identifying all relevant factors that it deems to:
- 6.1.1 aggravate the nature of the offence under this Anti-Corruption Code, namely:
- 6.1.1.1 a lack of remorse on the part of the Participant;
- 6.1.1.2 whether the Participant has previously been found guilty of any similar offence under this Anti-Corruption Code and/or any predecessor regulations of the BCCI and/or the ICC Anti-Corruption Code and/or anti-corruption rules of other National Cricket Federation;
- 6.1.1.3 where the amount of any profits, winnings or other Reward, directly or indirectly received by the Participant as a result of the offence(s), is substantial and/or where the sums of money otherwise involved in the offence(s) are substantial;
- 6.1.1.4 where the offence substantially damaged (or had the potential to damage substantially) the commercial value and/or the public interest in the relevant Match(es) or Event(s);
- 6.1.1.5 where the offence affected (or had the potential to affect) the result of the relevant Match(es) or Event(s);
- 6.1.1.6 where the welfare of a Participant or any other person has been endangered as a result of the offence;
- 6.1.1.7 where the offence involved more than one Participant or other persons; and/or
- 6.1.1.8 any other aggravating factor(s) that the BCCI Disciplinary Committee considers relevant and appropriate.
- 6.1.2 mitigate the nature of the offence under the Anti-Corruption Code, namely:
- 6.1.2.1 any admission of guilt (the mitigating value of which may depend upon its timing);
- 6.1.2.2 the Participant's good previous disciplinary record;
- 6.1.2.3 the young age and/or lack of experience of the Participant;
- 6.1.2.4 where the Participant has cooperated with the Designated Anti-Corruption Official (or his/her designee) and any investigation or Demand carried out by him/her;
- 6.1.2.5 where the offence did not substantially damage (or have the potential to substantially damage) the commercial value and/or the public interest in the relevant Match(es) or Event(s);
- 6.1.2.6 where the offence did not affect (or have the potential to affect) the result of the relevant Match(es) or Event(s);
- 6.1.2.7 where the Participant provides Substantial Assistance to the Designated Anti-Corruption Official (or his/her designee), that results in the Designated Anti-Corruption Official (or his/her designee) discovering or establishing an offence under this Anti-Corruption Code by another Participant or another cricket Participant bound by such regulations or that results in a criminal or disciplinary body discovering or establishing a criminal offence or the breach of professional rules by another Participant or other third party;
- 6.1.2.8 where the Participant has already suffered penalties under other laws and/or regulations for the same offence; and/or
- 6.1.2.9 any other mitigating factor(s) that the BCCI Disciplinary Committee considers relevant and appropriate.
- 6.1.1 aggravate the nature of the offence under this Anti-Corruption Code, namely:
- 6.2 Having considered all of the factors described in Articles 6.1.1 and 6.1.2, the BCCI Disciplinary Committee shall then determine, in accordance with the following table, what the appropriate sanction(s) should be:
- 6.3 For the avoidance of doubt:
- 6.3.1 the BCCI Disciplinary Committee will have no jurisdiction to adjust, reverse or amend the results of any Match or Event;
- 6.3.2 where a Participant is found guilty of committing two Anti-Corruption Code offences in relation to the same incident or set of facts and sanctioned separately, then any sanctions imposed should ordinarily run concurrently (and not cumulatively); and
- 6.3.3 where a fine and/or costs award is imposed against a Participant, then such fine and/or costs award must be paid by the Participant directly to the BCCI within one calendar month of receipt of the decision imposing the fine and/or costs award. Should any fine and/or costs award (or agreed part-payment or instalment thereof) not be paid to the BCCI within such deadline or by the time of the next agreed payment date, then, unless the BCCI agrees otherwise, the Participant may not play, coach or otherwise participate or be involved in any capacity in any Match until such payment has been satisfied in full. The ICC and other National Cricket Federations will be entitled to give effect to and enforce this Article 6.3.3 in their respective geographical jurisdictions.
- 6.4 Any period of Ineligibility imposed on a Participant shall commence on the date that the decision imposing the period of Ineligibility is issued; provided that any period of Suspension served by the Player shall be credited against the total period of Ineligibility to be served.
- 6.5 No Participant who has been declared Ineligible may, during the period of Ineligibility, play, coach or otherwise participate or be involved in any capacity in any Match or any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programmes) that is authorised, organised, sanctioned, recognised or supported in any way by the ICC, a National Cricket Federation or any member of a National Cricket Federation. The ICC and other National Cricket Federations will be entitled to give effect to and enforce this Article 6.5 in their respective geographical jurisdictions.
- 6.6 A Participant who is subject to a period of Ineligibility shall remain subject to this Anti-Corruption Code, the ICC Anti-Corruption Code and the anti-corruption rules of all other National Cricket Federations, during that period. If a Participant commits an offence under this Anti-Corruption Code during a period of Ineligibility, this shall be treated as a separate offence under this Anti-Corruption Code and separate proceedings will be brought pursuant to Article 4.5.
- 6.7 Once any period of Ineligibility has expired, the Participant will automatically become re-eligible to participate (in the case of a Player) or assist a Player's participation (in the case of a Player Support Personnel) in Matches and Events provided that he/she has first: (a) completed an official anti-corruption education session to the reasonable satisfaction of the Designated Anti-Corruption Official (or his/her designee); (b) satisfied, in full, any fine and/or award of costs made against him/her by the BCCI Disciplinary Committee (c) agreed to subject him/herself to such additional reasonable and proportionate monitoring procedures and requirements as the Designated Anti-Corruption Official (or his/her designee) may reasonably consider necessary given the nature and scope of the offence committed.
- 7.1 Save where a Suspension has been imposed, the BCCI shall not publicly identify any Participant who has been alleged to have committed an offence under this Anti-Corruption Code unless and until it has been determined in a hearing in accordance with Article 5 that an offence has been committed, or the right to such hearing has been waived, or the assertion of an offence has not been challenged on time. Once it is decided that an offence under this Anti-Corruption Code has been established, publication of that decision shall be determined in accordance with the following principles:
- 7.1.1 If the decision of the BCCI Disciplinary Committee is that an offence has been committed the decision may, at the discretion of the BCCI, be publicly reported in full as soon as possible.
- 7.2 The BCCI shall use its best endeavours to ensure that persons under its control do not publicly identify any Participant who are alleged to have committed an offence under this Anti-Corruption Code, unless and until an BCCI Disciplinary Committee has determined that an offence has been committed, and/or the offence has been admitted. However, the BCCI in its discretion may at any time disclose to other organisations such information as the BCCI may consider necessary or appropriate to facilitate administration or enforcement of the Anti-Corruption Code, provided that each organisation provides assurance satisfactory to the BCCI that the organisation will maintain all such information in confidence. The BCCI will not comment publicly on the specific facts of a pending case except in response to public comments made by (or on behalf of) the Participant involved in the case or his/her representatives.
- 8.1 Decisions and sanctions of the ICC shall be recognised, respected and enforced by the BCCI in the geographical jurisdiction of the BCCI automatically upon receipt of notice of the same, without the need for further formality.
- 8.2 Decisions and sanctions of the BCCI that are within the jurisdiction of the BCCI's jurisdiction shall be recognised and respected by the ICC and other National Cricket Federations (including in respect of any matches, tournaments or other events sanctioned by such National Cricket Federation), automatically upon receipt of notice of the same, without the need for further formality.
- 9.1 No action may be commenced under this Anti-Corruption Code against a Participant for an offence under the Anti-Corruption Code more than eight years after the date on which that offence occurred.
- 9.2 The BCCI may temporarily suspend investigations under this Anti-Corruption Code to avoid prejudice to, and/or to give precedence to, investigations conducted by other relevant authorities into the same or related matters.
- 10.1 This Anti-Corruption Code may be amended from time to time by the BCCI, with such amendments coming into effect on the date specified by the BCCI.
- 10.2 The headings used for the various Articles of this Anti-Corruption Code are for the purpose of guidance only and shall not be deemed to be part of the substance of this Anti-Corruption Code or to inform or affect in any way the language of the provisions to which they refer.
- 10.3 This Anti-Corruption Code shall come into full force and effect on 1st October 2012(the "Effective Date"). It shall not operate to disturb any decisions and/or sanctions previously made under predecessor anti-corruption or other relevant rules of the BCCI, nor shall it apply retrospectively to matters pending before the Effective Date; provided, however, that any case pending prior to the Effective Date, or brought after the Effective Date but based on acts or omissions that occurred before the Effective Date, shall be governed by the predecessor version of this Anti-Corruption Code in force at the time of the alleged offence, subject to any application of the principle of lex mitior by the hearing panel determining the case.
- 10.4 With this Anti-Corruption Code coming into full force and effect on 1st October 2012, the provisions contained in Articles 3.1 and 3.1.1, of the BCCI Regulations For Players, Team Officials, Managers, Umpires & Administrators shall stand repealed. Similarly the disciplinary procedure for action against Participants provided for in Articles 8.5 and 8.6 of the BCCI Regulations For Players, Team Officials, Managers, Umpires & Administrators, to the extent provided for in Article 5 of this Anti-Corruption Code, shall stand amended from the Effective Date.
- 10.5 If any Article or provision of this Anti-Corruption Code is held invalid, unenforceable or illegal for any reason, it shall be deemed deleted, and this Anti-Corruption Code shall remain otherwise in full force and effect.
- 10.6 This Anti-Corruption Code is governed by and shall be construed in accordance with the Indian Law. Strictly without prejudice to the arbitration provisions of Articles 5 of this Anti-Corruption Code, disputes relating to this Anti-Corruption Code shall be subject to the exclusive jurisdiction of the Indian Courts.
- Anti-Corruption Code. This Anti-Corruption Code promulgated by the BCCI on the Effective Date.
- ACU BCCI. Anti-Corruption Unit of the BCCI or its designee
- Associate Member. Any National Cricket Federation with associate member status of the ICC.
- BCCI. The Board of Control for Cricket in India or its designee.
- BCCI Disciplinary Committee. A panel of three persons appointed at the BCCI Annual General Body Meeting(AGM), to perform the functions assigned to the Disciplinary Committee.
- Bet. Any wager, bet or other form of financial speculation, and Betting is the carrying out of such activity.
- Betting Organization. Any company or other undertaking that promotes, brokers, arranges or conducts any form of Betting activity in relation to Matches or Events.
- Corrupt Conduct. Any act or omission that would amount to an offence under Article 2 of this Anti-Corruption Code or the equivalent provisions of anti-corruption rules of any other National Cricket Federation or the ICC Anti-Corruption Code.
- Demand. As defined in Article 4.3.
- Designated Anti-Corruption Official. The person appointed by the BCCI to fulfill the duties set out in this Anti-Corruption Code.
- Director ACU. An appointee of the BCCI with supervisory responsibilities in relation to the Anti-Corruption Code.
- Domestic Match.Any 'First-Class Match', 'List A Limited Overs Match' or 'List A Twenty20 Match', as those terms are defined in the ICC Classification of Official Cricket (as amended from time to time) including all matches organized by the BCCI.
- Effective Date.As defined in Article 10.3.
- Event. Any competition, tournament, tour, event or equivalent that involves one or more Matches.
- Full Member. Any National Cricket Federation with full member status of the ICC.
- ICC.The International Cricket Council or its designee.
- ICC Anti-Corruption Code. The ICC Anti-Corruption Code for Participants as amended from time to time.
- ICC Events. Each of the following: (a) the ICC Cricket World Cup; (b) the ICC World Twenty20; (c) the ICC Champions Trophy; (d) the ICC World Cricket League Divisions 1-8 (inclusive), together with any regional qualifying events thereto; (e) the ICC Women's Cricket World Cup; (f) the ICC Under 19 Cricket World Cup; (g) the ICC World Cup Qualifying Tournament; (h) the ICC Women's Cricket World Cup Qualifying Tournament, together with any regional qualifying events thereto; (i) the ICC World Twenty20 Qualifying Tournament; (j) the ICC Under 19 Cricket World Cup Qualifying Tournament, together with any regional qualifying events thereto; (k) the ICC Intercontinental Cup and Shield; and (l) any other event organized or sanctioned by the ICC from time to time to which the ICC deems it appropriate that the ICC Anti-Corruption Code should apply.
- ICC's Operating Manual.The ICC's Operating Manual in force from time to time.
- Ineligibility.Means the Participant is barred for a specified period of time from participation in the sport of cricket, as set out more specifically in Article 6.5.
- Inside Information.Any information relating to any Match or Event that a Participant possesses by virtue of his/her position within the sport. Such information includes, but is not limited to, factual information regarding the competitors in the Match or Event, the conditions, tactical considerations or any other aspect of the Match or Event, but does not include such information that is already published or a matter of public record, readily acquired by an interested member of the public, or disclosed according to the rules and regulations governing the relevant Match or Event.
- International Match. Any of the following (in men's and women's cricket): (a) any Test Match, One Day International Match or Twenty20 International Match; (b) any Match played as part of an ICC Event; (c) any International Tour Match; or (d) any other Match organised or sanctioned by the ICC from time to time to which the ICC deems that the ICC Anti-Corruption Code should apply.
- International Tour Match. Any Match played between a representative team of a Full Member (or Associate Member with Test and/or ODI or T20I Status) and any domestic, guest or invitational team.
- Match.A cricket match of any format and duration in length in which two cricket teams compete against each other.
- National Cricket Federation.A national or regional entity which is a member of or is recognised by the ICC as the entity governing the sport of cricket in a country (or collective group of countries associated for cricket purposes).
- Notice of Charge.As defined in Article 4.5.
- One Day International Match. As defined by Section 33 (ICC Classification of Official Cricket) of the ICC's Operating Manual.
- Participant.Any Player, Player Support Personnel, Umpire, Match Referee or Umpire Support Personnel.
- Player.Any cricketer who is selected (or who has been selected in the preceding twelve (12) months) in any playing or touring team or squad that is chosen to represent the BCCI or any of its affiliate and associate bodies in any International Match or Domestic Match.
- Player Support Personnel.Any coach, trainer, manager, selector, team official, doctor, physiotherapist or any other person employed by, representing or otherwise affiliated to a playing/touring team or squad that is chosen to represent a National Cricket Federation in any Domestic Match or International Match or series of such Matches.
- Reward.A person acts "for Reward" if he/she arranges or agrees that he/she or some other third party will receive any direct or indirect financial or other benefit for that act (other than official prize money and/or contracted payments under playing, service, endorsement, sponsorship or other such similar contracts), and the term "Reward" shall be construed accordingly.
- Substantial Assistance.For purposes of Article 6.1.2.7, a Participant must: (a) fully disclose in a signed witness statement all information that he/she possesses in relation to offences under this Anti-Corruption Code and equivalent regulations, and relevant criminal offences and breaches of other professional rules; and (b) reasonably cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by the BCCI or other relevant body. Further, the information provided must be credible and must comprise an important part of any case that is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.
- Suspension.Means the Participant is temporarily barred from participating in the sport of cricket pending a decision on the allegation that he/she has committed an offence under this Anti-Corruption Code, as set out more specifically in Article 4.6.
- Test Match.As defined by Section 33 (ICC Classification of Official Cricket) of the ICC's Operating Manual.
- Twenty20 International Match.As defined by Section 33 (ICC Classification of Official Cricket) of the ICC's Operating Manual.
- Umpire.Any umpire (including any on-field umpire, television umpire, third or fourth umpire) appointed (by the BCCI or any other relevant party) to officiate in any Domestic Match or International Match.
- Umpire Support Personnel.Any technical officials (for example, and without limitation, any official with responsibility for operating the communication equipment for Umpires and Match Referees during a Domestic Match or International Match) or umpire coaches appointed (by the BCCI or any other relevant party) to support the Umpires and/or Match Referees.
| S.No | CONTENT | PAGE NO. |
|---|---|---|
| 1 | Introduction, Scope And Application | ...2 |
| 2 | Offences Under This Anti-corruption Code | ...3 |
| 3 | Standard Of Proof And Evidence | ...4 |
| 4 | Investigations And Notice Of Charge | ...5 |
| 5 | The Disciplinary Procedure | ...6 |
| 6 | Sanctions | ...7 |
| 7 | Public Disclosure And Confidentiality | ...8 |
| 8 | Recognition Of Decisions | ...9 |
| 9 | Limitation Periods | ...10 |
| 10 | Amendment And Interpretation Of This Anti-corruption Code | ...11 |
| 11 | Definitions | ...12 |
Anti-corruption Code For Participants
The conduct described in Articles 2.1 - 2.4, if committed by a Participant, shall amount to an offence by such Participant under this Anti-Corruption Code:
| ANTI CORRUPTION CODE OFFENCE | RANGE OF PERMISSIBLE PERIOD OF INELIGIBILITY | ADDITIONAL DISCRETION TO IMPOSE A FINE |
| Articles 2.1.1, 2.1.2, 2.1.3 and 2.1.4 (Corruption) | A minimum of five (5) years and a maximum of a lifetime. | AND (in all cases) the Anti-Corruption Tribunal shall have the discretion to impose a fine on the Player or Player Support Personnel up to a maximum of the value of any Reward received by the Player or Player Support Personnel directly or indirectly, out of, or in relation to, the offence committed under the Anti-Corruption Code. |
| Articles 2.2.1, 2.2.2 and 2.2.3 (Betting) | A minimum of two (2) years and a maximum of five (5) years. | |
| Articles 2.3.1 and 2.3.3 (as it relates to an offence under Article 2.3.1) (Misuse of inside information) | A minimum of two (2) years and a maximum of five (5) years. | |
| Articles 2.3.2 and 2.3.3 (as it relates to an offence under Article 2.3.2) (Misuse of inside information) | A minimum of six (6) months and a maximum of five (5) years. | |
| Articles 2.4.1 and 2.4.2 | (General) A minimum of one (1) year and a maximum of five (5) years). | |
| Articles 2.4.3 and 2.4.4 | (General) A minimum of six (6) months and a maximum of two (2) years. |
