• Immigration related

My question is related to sports.. there is a powerlifting federation of world www.worldpowerliftingcongress.com... 46 countries are affiliated with them and iam the India affiliate. Neither me nor this federation is recognised by ministry of sports or olympic committee moreover the sport of powerlifting is not an olympic sport. There are many championships of this fed. In many countries.. i had send players to there championships in past. I charge a minimum amount to register them in championship and then they go there on tourist visa as there is no monetary prizes only medals and certificate. Sometimes i apply visa for them sometimes players themselves apply.. Now many players are interested in going. If i brought invitation on player name and apply for sports visa in place of tourist and if that player goes underground or indulge in some illegal activity in that country, then will i be held responsible for that in the eye of law. What is the safest way to send players in other countries.. should i take my fee and then let them apply there own or some other way please tell..
Asked 6 years ago in Criminal Law
Religion: Sikh

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Hello,

You should take your fee and then let them apply for their visa. Even though you will not be liable in case of a mishap but an enquiry will be made against you also.

And since they will not be representing India but an organisation therefore let them apply for their visa.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The answer to your query depends on which country are you sending the powerlifters to.

Generally, being the organiser, you are required to safely escort all the participants of the powerlifting competitions to the respective countries, but you shall not be held liable any criminal activities committed by any of the powerlifters, if your direct involvement is not there.

So, there is no problem in charge fees for visa application, but at the same time you have to provide safety to the participants and be sure that they don't do anything stupid as laws in foreign countries are far more stringent than India.

For any other queries, feel free to call.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

See you are just applying, invitation and visa in name of the player the liability is of the player for indulging in any criminal activity. Further if any association of your is found in that activity then you are responsible like sending people illegally out of country. So if so is not the case you are not liable.

You can bring invitation on there personal names, apply for visa in there name take visa application fee and form fee for the registration. Further you can make an agreement with the players that you are just facilitating them with documents nothing else with minimal fees.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can send them on tourist visa as no monetary prize in involved. Furthermore you'll face a lot of problem in getting sports visa as powerlifting is not a recognised sport by ministry of sports.

Moreover, you should get indemnity Bonds drafted by an advocate containing clauses which dilutes your liabilities in case of any mishap in a foreign country, thereby holding that the players would be liable for their own actions and no liability shall accrue on you. These bonds should be signed by each and every participant you are taking to the foreign country for taking part in the powerlifting competition. Then, you won't be held vicariously liable for their individual acts of omission or commission.

Regards.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can apply for sports visa as you have invitation letter from the sports organiser. You won’t liable for any illegal acts committed by the sportspersons as they have got visa approval in their personal capacity. You can charge them a stipulated fee against your Services.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

You would be held responsible if players indulge in illegal activities

2)you should not apply for visa for players

3) let them apply for tourist visa on their own

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Let players go on tourist visa and play

2) there is no monetary prize for players

3) only certificates are issued to players

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

No you won’t be liable. You are just providing them service to the sportspersons being an agent.

You come under the definition of an agent as per Indian law.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Take a view of section 234 INDIAN CONTRACT ACT, 1872.

Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable.—When a person who has made a contract with an agent induces the agent to act upon the belief that the principal only will be held liable, or induces the principal to act upon the belief that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively. —When a person who has made a contract with an agent induces the agent to act upon the belief that the principal only will be held liable, or induces the principal to act upon the belief that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively."

Do ensure that you sign an agreement with the sportsperson.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

1.One can not be held responsible for criminal act of another as long as there is no conspiracy or complicity between the two.

2. So merely because you applied for visa for them will not, ipso facto, held you accountable for their crime as long as you have no nexus with them.

3. However while sending them you may get one agreement executed between them and you individually whereby you can absolve you from any accountability in the event they are caught while committing any crime.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

The problem in such situation arises when the player who is caught alleges that you are running a racket in which you send people portraying as players in other countries. in such situation the police will catch you. Otherwise you need to first verify the credentials of the player so that in case the person is caught doing some illegal activity and the police approaches you, you can show the background verification done and the credentials that the person so caught is genuinely a player and this will help you to show that you send genuine people.

Otherwise there is no problem as such.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

if that player goes underground or indulge in some illegal activity in that country, then will i be held responsible for that in the eye of law. What is the safest way to send players in other countries.. should i take my fee and then let them apply there own or some other way please tell..

On the safer side, you collect your fees and organise the ravel formalities with a note of disclaimer.

You cannot afford to undertake the responsibility if something goes wrong in a foreign country especially when you dont have a chance even to supervise the event.

Since it will not be possible to get sports visa since it is not recognised by government of India you should better be careful on this.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

There is one more way if i order a player invitation and then apply there visas as player visa.. in any condition if they go underground or indulge in illegal activity then can i be held responsible.. my question is that...

As an organiser and event manager you may be held responsible to their bad deeds or on an unavoidable circumstance.

You got to take care of your interests too.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

It depends on the law of that land.if your work only consists of spending him there then any conduct of his in that country is his own responsibility. You are not liable for the said offence.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer