What's Brewing

On 12th February 2024, the President of India, gave assent to the Public Examinations (Prevention of Unfair Means) Bill, 2024. 

A look into the highlights of the Bill:

1. The objective of the Bill is to prevent use of unfair practices / malpractices in public examinations.

2. ‘Public examinations’ means exams conducted by public (examination) authority or any authority notified by the Central government. The Schedule of the Bill contains a list of public examinations including – 

• Union Public Service Commission (UPSC),
• Staff Selection Commission, 
• Railway Recruitment Board, 
• National Testing Agency,
• Institute of Banking Personnel Selection, and 
• Departments of the Central government and their attached offices for recruitment.

3. The Bill prohibits indulgence, collusion, or conspiracy of any unfair means in public examinations. Such practices include –   

• Leakage of question paper or answer key, or colluding with others to leak question paper or answer key;
• Accessing or taking possession of question paper or an optical mark recognition response sheet without authority;
• unauthorised people from entering exam centres to create disruptions or unauthorized persons providing solutions to one or more questions;
• directly or indirectly assisting a candidate during a public examination; 
• tampering with computer network or resources; 
• altering assessments except to correct a bonafide error without any authority;
• deliberate violation of security measures to facilitate unfair practices in examinations;

• tampering with documents for shortlisting or finalising of merit list or rank, and 
• creating fake website, conducting fake examination, issuing fake admit cards or offer letters to cheat, for monetary gain;
• disclosing exam-related confidential information before time.

4. Penalties:

• Use of unfair practices in public examinations will be punishable with imprisonment between 3-5 years, and a fine up to INR 10 lakhs.
• Organized crimes (committed by a group of persons  relating to public examinations) will be punishable with imprisonment between 5-10 years and fine up to INR 1 Crore. If an institution commits an organized crime, the property shall be forfeited / attached and cost proportionate to the examination shall be recovered.

5. Inquiry & investigation:

• An officer of the rank of Deputy Superintendent or Assistant Commissioner of Police shall be authorized to investigate offences under this Bill / Act.  
• The Chairperson, Member, Officers and employees of public examination authority shall be deemed to be public servants within the meaning of the Bharatiya Nyaya Sanhita Act 2023 (BNS Act 2023) 
•  Proceedings can be initiated against public servants for any offences under this Bill / Act. However, if public servant(s) prove that they acted in good faith  or in discharge of their official duties, then prosecution can be prevented. 
• The Central government has the power to transfer such cases to any central investigating authority. 
• All offences under this Bill will be cognizable, non bailable and non-compoundable.

The last few years have seen unprecedented increase in question paper leaks and rampant malpractices in public examinations. Consequently, results of several public examinations have either with held or declared null and void. This has left genuine students and job aspirants in the lurch. There was no express legislation to address this issue. This Bill aims to plug the loop- hole. It also aims to achieve transparency in the process of conducting and evaluating public examinations. A much-needed legislation.

For full text of the Bill: 
https://prsindia.org/files/bills_acts/bills_parliament/2024/The_Public_Examinations_(Prevention_of_Unfair_Means)_Act,_2024.pdf