Parliament Enacts Comprehensive Law to Combat Unfair Means in Public Examinations

The Parliament of India recently enacted The Public Examinations (Prevention of Unfair Means) Act, 2024, which received the President's assent on February 12, 2024, and was subsequently published for general information on the same date. This significant piece of legislation aims to establish a robust legal framework to prevent various forms of malpractice and unfair means in public examinations across the country. The Act will come into force on a date yet to be appointed by the Central Government through a notification in the Official Gazette.

The new Act defines a wide array of actions as "unfair means" related to the conduct of a public examination, encompassing acts or omissions by individuals, groups, or institutions for monetary or wrongful gain. These include, but are not limited to, the leakage of question papers or answer keys, participating in collusion for such leakage, unauthorised access to or possession of examination materials, providing unauthorised solutions to questions, tampering with answer sheets or assessment records, and deliberate violation of security measures. The legislation also criminalises the creation of fake websites or the conduct of fake examinations for fraudulent purposes, as well as manipulation in seating arrangements or allocation of dates and shifts to facilitate unfair means. It further prohibits any person not entrusted with examination duties from entering examination premises with intent to disrupt, and restricts authorised personnel from leaking confidential information for gain.

The Act introduces stringent penalties for offenders. All offences under this Act are classified as cognizable, non-bailable, and non-compoundable. Individuals resorting to unfair means face imprisonment for a term not less than three years, extendable up to five years, along with a fine of up to ten lakh rupees. In cases of default on fine payment, additional imprisonment will be imposed as per the Bharatiya Nyaya Sanhita, 2023, or the Indian Penal Code until the former comes into force. Service providers found culpable can be fined up to one crore rupees, be made to recover the proportionate cost of the examination, and be barred from undertaking any public examination work for four years. Directors, senior management, or persons in charge of a service provider firm involved with consent or connivance face imprisonment from three to ten years and a fine of one crore rupees. For organised crime, defined as unlawful activity by a person or group indulging in unfair means in collusion and conspiracy for wrongful gain, the punishment is imprisonment for a term not less than five years, extendable up to ten years, and a fine of not less than one crore rupees. Institutions involved in organised crime will also face attachment and forfeiture of their property, in addition to the recovery of examination costs.

The legislation provided: “An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto.” This core objective underscores the policy rationale behind the enactment, which is to safeguard the integrity and fairness of public examinations, thereby ensuring equitable opportunities for all candidates. The Act addresses the growing concerns over examination malpractices that undermine public trust in the examination system and disadvantage meritorious candidates. By establishing a dedicated and comprehensive legal framework, the government aims to fill existing statutory gaps and provide a deterrent against organised cheating and other forms of unfair means that have plagued public examinations.

The Act mandates that an officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police shall investigate offences under its provisions, with the Central Government retaining the power to refer investigations to any Central Investigating Agency. The scope of "public examination" under the Act covers examinations conducted by key central bodies such as the Union Public Service Commission, Staff Selection Commission, Railway Recruitment Boards, Institute of Banking Personnel Selection, Ministries or Departments of the Central Government for staff recruitment, and the National Testing Agency, among others. The Central Government also has the authority to notify other authorities whose examinations will fall under the purview of this Act. Furthermore, the Criminal Law (Amendment) Ordinance, 1944, has been amended to include offences punishable under this new Act in its Schedule, thereby strengthening the legal provisions for dealing with such crimes. This legislative measure is intended to foster a transparent and credible examination environment, crucial for the selection of competent individuals for public service and higher education.

Keywords: Public Examinations, Unfair Means, Prevention Act, Examination Malpractice, India, Central Government, Penalties, Organised Crime, Service Provider, Integrity

Geo Tags: India, National District: Not Applicable