A representative image (Source: India TV)
The ‘Public Examinations (Prevention of Unfair Means) Act,’ 2024, which aims to prevent unfair means in public examinations and common entrance tests held across the country came into effect on June 21.
This comes amid the massive row over the alleged malpractices in conducting the NEET and UGC NET examinations.
The law, enacted by Parliament in February of this year, mandates a minimum punishment of three to five years of imprisonment to combat cheating. Individuals involved in organised cheating crimes will face five to ten years of imprisonment and a minimum fine of Rs 1 crore.
A gazette notification issued by the Ministry of Personnel, Public Grievances and Pensions said, “In exercise of the powers conferred by sub-section (2) of section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Union Government hereby appoints the 21st day of June 2024, as the date on which the provisions of the said Act shall come into force.”
According to the law, if a person or group, including the examination authority, service provider, or any other institution, commits an organised crime, they will face imprisonment for a term of no less than five years, which may extend to ten years, and a fine of at least Rs 1 crore.
The law also includes provisions for attaching and forfeiting the property of any institution involved in organised paper leak crimes, with the examination’s proportionate costs being recovered from the institution.
However, candidates appearing for the examination are protected from these punitive provisions and will be subject to the existing unfair means policy of the examination conducting authority.
‘Unfair means’ are defined by the law as activities such as leaking question papers or answer keys, assisting candidates during exams through unauthorised communication or providing solutions, tampering with computer networks or resources, impersonating candidates, conducting fake examinations or issuing fake documents, and tampering with documents for merit lists or ranks.
The NEET-UG 2024 exam was conducted on May 5, and its results were declared on June 4, ahead of its scheduled announcement date of June 14.
The NEET-UG examination, conducted by the National Testing Agency (NTA), paves the way for admission to MBBS, BDS, AYUSH and other related courses in government and private institutions across the country.
On June 13, the NTA informed the Supreme Court that the scorecards of 1563 candidates who were awarded “grace marks” in the NEET-UG 2024 exam would be cancelled and these candidates would have an option to reappear for the exam on June 23, the results of which will be declared before June 30, or forgo the compensatory marks given for the loss of time.
Similarly, on June 19, The Ministry of Education announced the cancellation of the UGC-NET examination following prima facie indications that the integrity of the exam may have been compromised. Later, it came to light that the exam paper were available on dark-net and Telegram as soon as they commenced at different centres across the country. The government however, did not inform the actual reason behind the cancellation.
The PUBLIC EXAMINATIONS (PREVENTION Of UNFAIR MEANS) ACT, 2024
The Bill was passed by the two Houses of Parliament in the Budget session which concluded on February 10. It seeks to prevent the use of “unfair means” in public examinations and bring “greater transparency, fairness and credibility”.
On February 13, President Droupadi Murmu gave her nod to the Public Examinations (Prevention of Unfair Means), Bill, 2024, which aims to check cheating in Government recruitment exams.
The public examinations in the Act refer to examinations conducted by authorities notified by the Union Government. These include the Union Public Service Commission, Staff Selection Commission, Railway Recruitment Board, National Testing Agency, Institute of Banking Personnel Selection, and Departments of the Union Government and their attached offices for recruitment.
The Act also prohibits disclosing exam-related confidential information before time, and unauthorised people from entering exam centres to create disruptions. The offences will be punishable with imprisonment between three and five years, and a fine up to Rs 10 lakh.
All offences under the Bill will be cognisable, non-bailable, and non-compoundable.
Crime & Punishment
The Bill underscores an underlying spirit to serve justice to tens of millions of Bharat’s youth. The measures lie pursuant to a top-down approach with stringent punishments to the service providers (barred from being assigned with any responsibility for the conduct of any public examination for 4-Years) ranging to strict punishments of the notorious individuals.
Punishments Include
The Service Provider shall be barred from being assigned with any responsibility for the conduct of any public examination for 4-years in addition to paying an amount in proportion to the cost of examinations towards recovery and a fine amounting up to Rupees One Crore.
Director(s), Senior Management or the person in charge of the service provider firm, shall serve a jail sentence for up to 10 years, in addition to a fine of Rupees one crore.
Person(s) resorting to unfair means and offences shall serve a prison sentence for up to 5 years and with a fine of up to ten lakh rupees.
Offences include
Participating in leakage of question paper or answer key or part thereof, either individually or by colluding with others,
and/or
Directly or indirectly assisting the candidate in a manner un-authorised for the public examination, among several offences enlisted by the Bill.
Mandate to Investigate
No officer below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police shall be authorised to investigate any offence under this Act.
Reforms from the past
Government has introduced several reforms to enhance transparency in examinations for recruitment as well as admission to higher education institutions.
These, inter alia, include introducing self-attestation; shortening the examination cycle (from 18-22 months to 6-10 months); doing away with interviews for recruitment to Group ‘C’ and ‘D’; introducing computer-based tests and issuance of appointment letters through digital means under “Rojgar Mela”.
Paper leaks have a profoundly detrimental effect on candidates, as they compromise the integrity of the examination system and demoralise those who have prepared diligently. These leaks erode trust in the fairness and reliability of the examination process, leading to widespread frustration and disillusionment among honest candidates. The hard work and dedication of these candidates are devalued, as their efforts are overshadowed by the unfair advantage gained by those who exploit leaked materials. Consequently, paper leaks not only tarnish the credibility of the examination system but also undermine the morale of sincere candidates, who may feel that their commitment and integrity go unrewarded.
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