On Friday, the central government officially enacted the Public Examinations (Prevention of Unfair Means) Act, 2024, a legislation designed to combat and prevent unfair practices in public examinations and common entrance tests conducted nationwide. This legislative move follows a significant controversy surrounding alleged malpractice in the administration of the NEET and UGC NET examinations.
This law, which received parliamentary approval in February 2024, introduces stringent penalties to deter cheating. Individuals found guilty of cheating can face imprisonment ranging from a minimum of three to five years. Those engaged in organized cheating crimes will be subject to harsher penalties, including imprisonment from five to ten years and a minimum fine of Rs 1 crore.
Specifically, the law stipulates that if a person or a collective group, including examination authorities, service providers, or any related institutions, is involved in organized cheating, they will be punished with a prison term not less than five years and potentially extending up to ten years. Additionally, they will incur a fine of no less than Rs 1 crore.
The law also includes provisions for attaching and forfeiting the property of any institution implicated in organized paper leak crimes. Moreover, the costs associated with the compromised examination will be recovered from the responsible institution.
Importantly, the act provides protection for candidates appearing for the examinations, ensuring they are not subject to these punitive measures. Instead, they will be governed under the existing unfair means policy set by the respective examination authorities.
The Act defines 'unfair means' extensively. It includes actions such as leaking question papers or answer keys, providing unauthorized assistance to candidates during exams, tampering with computer networks or resources, impersonating candidates, conducting fake examinations, issuing fraudulent documents, and altering documents related to merit lists or rankings.
Under this law, all offences are classified as non-bailable. Investigations into any offenses under this Act can be conducted by officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police. Furthermore, the central government retains the authority to transfer any investigation to a central agency if deemed necessary.
The scope of this Act covers examinations organized by the Union Public Service Commission (UPSC), the Staff Selection Commission, railway recruitment exams, banking recruitment examinations, and all computer-based examinations overseen by the National Testing Agency (NTA).
Announcing the implementation of the Act on social media platform X, Union Minister Giriraj Singh stated, "The Public Examinations (Prevention of Unfair Means) Act, 2024—the anti-paper leak law for examinations for central recruitment and entrance into central educational institutions—came into effect on Friday, June 21."
