• Cricket betting

One of my close friend lost 20 lakh rupees through illegal cricket betting run by bookies in Chennai during the recently concluded Ind vs Newzealand Test series. He borrowed money from a money shark and now has tremendous pressure from the lender that they would file a police complaint and put him in jail if the money is not repaid immediately.. My friend is jobless with elderly parents and has no source to generate funds. What are the legal options available to him to come out of this mess.. I appreciate your time and help.
Asked 12 months ago in Criminal Law
Religion: Hindu

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9 Answers

He needs to contest the police case if filed against him there is no other way. If they try to extort money illegal you can file police complaint against them

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Your friend should file a police complaint against the money lender if you have been subject to threats 

check whether the money lender has a license under the money lending act of your state

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

A man with no fund and elderly parents to look after is betting in cricket. This person is a irresponsible and incorrigible to say the least. 

If at this age he does not know what is to be done then this type off ate often awaits him.

Good luck.

 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

The lender may use his influence with police and get your friend arrested.

In such case your friend can obtain anticipatory bail and challenge the case in court or after being arrested he can get enlarged on regular bail and challenge the case, in any case since it is a criminal case the lender knows that he cannot recover money through criminal case he may be trying to threaten your friend, hence let your friend challenge it to the extent possible.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

It depends on what proof the  lender have. There are laws against illegal lending. The  lender need to have license to lend such huge money. He has to explain where from he sourced 20L and on what basis/security he gave such huge amount to a jobless. It is not the  legal actions they use, it is illegal threats that he should be worried. There are ways to prevent such threats. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

1. Legal Position of Cricket Betting in India


  • Illegal Nature of Betting: Cricket betting through bookies is illegal in most parts of India under the Public Gambling Act, 1867 and similar state laws.

  • Money Recovery for Illegal Transactions: Courts generally do not enforce recovery of money arising from illegal activities, such as gambling. This means the lender/bookies might not have a strong legal claim against your friend if the debt is purely betting-related.

2. Addressing the Moneylender's Threat


  • Moneylenders’ Actions: If the money was borrowed from an unlicensed moneylender, their activities might themselves be illegal under the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

  • Police Complaint: If the moneylender is threatening your friend with harm or coercion, your friend can file a police complaint for criminal intimidation under Section 506 of the IPC.

  • Debt Recovery Through Legal Channels: If the moneylender files a case, your friend can argue that the loan was linked to an illegal betting activity, making the debt unenforceable in court.

3. Immediate Steps for Your Friend


  • Document Threats:

    • Ask your friend to save any threatening messages or calls as evidence.
    • These can be used to file a complaint against the moneylender or bookies.


  • Approach the Police:

    • If there are credible threats of harm or illegal coercion, your friend can file a police complaint against the moneylender.
    • Mention that the moneylender is attempting to recover funds from an illegal activity.


  • Engage a Lawyer:

    • A lawyer can help draft a complaint and guide your friend on handling the pressure from the lender legally.

4. Protecting Family Members


  • Safeguard Parents: Ensure the elderly parents are not involved or pressured by the moneylender. If threats extend to them, include this in the police complaint.

  • Restraining Orders: If harassment continues, your friend can seek an injunction or restraining order against the lender.

5. Financial Recovery Options


  • Settle Through Negotiation:

    • If possible, negotiate with the lender/bookies to settle the debt for a lower amount. Avoid direct communication and use a lawyer or mediator.


  • Crowdfunding or Support:

    • Your friend can seek help from trusted friends or family to repay part of the debt and reduce immediate pressure.

6. Long-Term Measures


  • Counseling for Gambling Addiction: Your friend should seek professional help or join support groups like Gamblers Anonymous to avoid future betting-related issues.

  • Job and Financial Stability:

    • Explore ways to stabilize finances and repay legitimate debts over time.

Key Points to Remember

  • Money borrowed for illegal activities like betting is not enforceable in court.
  • Harassment and threats by moneylenders/bookies are criminal offenses, and your friend has the right to seek protection under the law.
  • Act quickly to document threats and engage legal help.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

As such on case of non payment of loan is not a crime nor it attract penal consequences. It is a civil dispute for which lender can approach civil court. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Your friend's situation is difficult, but there are legal options he can consider to address both the gambling loss and the moneylender's threats:

1. Illegal Nature of Betting

  • Betting on cricket is illegal in India except in certain states. Bookies involved in illegal betting can face criminal charges under laws like the Public Gambling Act, 1867, or the relevant state laws.
  • Your friend can file a police complaint against the bookies for running an illegal betting operation. This can help shift the focus onto them and reduce the pressure on him.

2. Moneylender’s Activities

  • Moneylenders are regulated under state-specific laws. If the lender is unlicensed or charging exorbitant interest, they are operating illegally.
  • If the lender is threatening or using coercive methods, your friend can file a complaint with the police under Sections 383 and 506 of the IPC for extortion and criminal intimidation.

3. Loan Liability

  • While your friend is obligated to repay legitimate debts, debts incurred for illegal activities like betting may not be legally enforceable.
  • If the moneylender files a police complaint, your friend should explain that the debt arose from illegal betting, which may weaken the lender's case.

4. Negotiation with the Lender

  • Your friend can try negotiating with the lender for more time or reduced repayment. He can involve a lawyer to mediate and prevent harassment.

5. Debt Counseling and Support

  • Encourage your friend to consult a debt counselor for advice on managing this situation.
  • He may also approach local NGOs or legal aid organizations for support.

6. Filing a Complaint

  • If the moneylender’s threats continue, he can file a harassment complaint with the police or approach the local magistrate.

7. Immediate Legal Representation

  • A lawyer can help ensure that your friend’s rights are protected and can file for injunctions if there are threats to his safety or property.

Practical Steps:

  1. File a complaint against the bookies for running illegal betting.
  2. Document all interactions with the moneylender, especially threats.
  3. Approach the police or a lawyer to file a formal complaint if harassment continues.
  4. Avoid further borrowing or gambling to mitigate the financial crisis.

Encourage your friend to seek legal assistance immediately to navigate this challenging situation and reduce the pressure.

Aman Verma
Advocate, Delhi
501 Answers

- Since, he borrowed money , then the borrower /lender has right to recover the same legally. 

- Further, such type of cases come under the civil law , and hence there is no provision of jail for the same, and maximum the lender can file a recovery case against your friend , and where he has settle the dispute.  

- Further, if that money lender has no license for the lending loan , then a complaint can be filed before the police against him for extortion 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

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