Govt notifies law to tackle unfair practices, punish paper leaks in public exams

The Central Government has notified a law to tackle unfair practices and questions paper leaks in public exams.

The law titled the Public Examinations (Prevention of Unfair Means) Act, 2024, has come into effect from June 21 and aims to prevent and punish unfair means in public examinations.

The Act covers several unfair activities in public exams such as leaking question papers, tampering with answer sheets, manipulating seating arrangements, creating fake websites to cheat for monetary gain and conducting fake exams.

The Bill proposing this law was introduced in Lok Sabha on February 5 before being passed the next day. On February 9, the Rajya Sabha passed the Bill as well.

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It received Presidential assent on February 12 and was notified on June 21 (Friday) by the Central government in the Official Gazette.

The notification of the law comes amid nationwide controversy over malpractices alleged in the conduct of the National Eligibility cum Entrance Test (NEET) for undergraduate medical college admissions.

The University Grants Commission–National Eligibility Test (UGC-NET exam) was also cancelled recently owing to similar concerns.

The newly notified Act makes all offences cognizable, non-bailable, and non-compoundable. Those using unfair means in public exams could be imprisoned for 3-5 years and could also be subject to a fine of up to ₹10 lakh.

Where unfair practices are found to have taken place, erring service providers engaged to conduct the exam may be fined up to ₹1 crore. Proportionate costs of the exam would also be recovered from such service providers and they would be barred from the conduct of any public exam for four years.

Further, senior officials (Directors, Senior Management, persons in charge) of the service provider entity would also face prison time of three to ten years, and a fine of up to ₹1 crore if they are found to be part of any scheme to allow unfair practices to take place.

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If any person or group, including those involving the public exam authority and the service provider, is found to have committed an organised crime in relation to the exam's conduct, they would face imprisonment of five to ten years and a fine of at least ₹1 crore.

Failure to pay the fine will result in additional imprisonment, as per the Bharatiya Nyaya Sanhita, 2023. Until the Bharatiya Nyaya Sanhita is enacted, the Indian Penal Code (IPC) will apply, the Act adds.