Use Of Unfair Means In Public Exams Will Be Non-Bailable Offence With Fine Up To ₹10 Lakhs: Centre Notifies New Law

The Central Government has taken a decisive step in the fight against malpractices in public examinations by notifying the Public Examinations (Prevention of Unfair Means) Act, 2024, effective June 21.

This Legislation, which aims to curb and penalize unfair practices in public exams, encompasses a wide range of misconducts, such as question paper leaks, answer sheet tampering, fraudulent seating arrangements, the creation of deceptive websites for monetary gain, and even the orchestration of fake exams.

The Bill proposing this crucial law was swiftly introduced in the Lok Sabha on February 5 and passed the following day. Subsequently, on February 9, the Rajya Sabha endorsed it culminating in Presidential assent on February 12. The Act has now been officially gazetted after its notification on June 21.

The Act provides punishments for “leakage of question paper or answer key”, “directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination” and “tampering with the computer network or a computer resource, or a computer system.” Apart from individuals, institutions engaging in such activities are also liable to punishments.

Under the newly enacted law, all offenses related to unfair means in public exams are categorized as cognizable, non-bailable, and non-compoundable. Offenders may face imprisonment ranging from 3 to 5 years and fines up to Rs. 10 lakh. Furthermore, service providers involved in conducting exams found guilty of facilitating unfair means could be fined up to Rs.1 crore. They would also bear the costs proportionate to the examination's expenses and be debarred from conducting any public exams for a period of four years.

The Act also stipulates stringent penalties for senior officials of these service provider entities, including directors and senior management, who are implicated in schemes enabling unfair practices. Such individuals could face imprisonment ranging from 3 to 10 years and fines up to Rs. 1 crore. In cases where organized criminal activity is found to have influenced the conduct of public exams, stringent penalties include imprisonment from 5 to 10 years and fines starting at Rs.1 crore.

As per the Act, Section 2(n) defines- “service provider” as any agency, organisation, body, association of persons, business entity, company, partnership or single proprietorship firm, including its associates, sub-contractors and provider of support of any computer resource or any material, by whatever name it may be called, which is engaged by the public examination authority for conduct of public examination.

The Act also underscores the importance of compliance, emphasizing that failure to pay fines could lead to additional imprisonment under the Bharatiya Nyaya Sanhita, 2023. Until the enactment of the Bharatiya Nyaya Sanhita, the provisions of the Indian Penal Code (IPC) will apply.

The Act includes any examination conducted by:

1. Union Public Service Commission (UPSC)

2. Staff Selection Commission (SSC)

3. Railway Recruitment Boards

4. Institute of Banking Personnel Selection

5. Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff

6. National Testing Agency (NTA)

7. Such other authority as may be notified by the Central Government

Pertinently, the timing of this legislative move coincides with escalating national debates regarding alleged irregularities in the administration of major exams like the National Eligibility cum Entrance Test (NEET) and the recent cancellation of the University Grants Commission–National Eligibility Test (UGC-NET) due to similar concerns.

Click here to read/download the Act