Public Examinations (Prevention of Unfair Means) Act, 2024

The Public Examinations (Prevention of Unfair Means) Act, 2024
Parliament of India
Long title An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto.
Citation	Act No. 1 of 2024
Territorial extent
Enacted by	Lok Sabha
Enacted	5 February 2024
Assented to by	President of India
Assented to	25 February 2024
Legislative history
Bill title	The Public Examinations (Prevention of Unfair Means) Bill, 2024
Bill citation	Bill No. 15
Introduced by	Dr. Jitendra Singh
Introduced	5 February 2024
Voting summary	Majority Voice voted for Minority Voice voted against
Received from the Lok Sabha	9 February 2024
Passed	6 February 2024
Voting summary	Majority Voice voted for Minority Voice voted against
Finally passed both chambers	9 February 2024
Summary
A Bill to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto.
Status: In force

The Public Examinations (Prevention of Unfair Means) Act, 2024 is a recently passed legislation in India aiming to curb cheating and uphold the integrity of public examinations. ^{[1] [2] [3]}

Background

The government felt the need to introduce the Public Examinations (Prevention of Unfair Means) Bill, 2024, due to several concerns regarding cheating and malpractices in public examinations. ^{[4] [5]}

Instances of cheating in various public examinations, including entrance exams like State PSCs, and even school board exams, have been repeatedly reported. ^[6] These cases involved practices like paper leaks, organized cheating gangs, impersonation, and electronic device usage. ^{[7] [8]}

Provisions

The Act outlines several key provisions to curb cheating and promote fair conduct in public examinations. Here's a breakdown of some major points: ^{[9] [10]}

Defining Unfair Means:

• The Act broadly defines "unfair means" to include various malpractices, such as:
  • Leaking question papers or answer keys
  • Assisting candidates during exams (unauthorized communication, providing solutions)
  • Tampering with computer networks or resources
  • Impersonating candidates
  • Conducting fake examinations or issuing fake documents
  • Tampering with documents for merit lists or ranks

Penalties and Punishments: ^[11]

• Individuals:
  • Imprisonment ranging from 3 to 10 years depending on the offense severity
  • Fines up to Rs. 1 crore for organized crimes
• Service providers:
  • Fines up to Rs. 1 crore for involvement in malpractices
  • Barring from conducting public examinations for 4 years
  • Personal liability for directors/management involved
• Organized crimes:
  • Harsher penalties, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore
  • Institution involved can face property attachment and forfeiture

Empowering Authorities:

• Conduct surprise checks at exam centers and seize electronic devices if suspected foul play ^[12]
• Blacklist service providers found guilty of malpractices
• Share information and coordinate across agencies to effectively tackle organized cheating

Additional Measures:

• Establishing specialized courts for speedy trial of offenses
• Promoting public awareness about the bill and its implications

References

1. "Explained: What is the Public Examinations Bill 2024". NDTV.
2. "Lok Sabha Passes Bill to Check Paper Leaks in Government Recruitment Exams". The Wire.
3. "Lok Sabha clears Bill to curb paper leaks, cheating in public exams". India Today.
4. "Protests continue for second day over Telangana PSC question paper leak". 15 March 2023.
5. "As Paper Leaks Rock Uttarakhand, Police's Treatment of Protesters Come as a Fresh Blow". The Wire.
6. "Police arrests 4 accused in Madhya Pradesh Board Class 10 and 12 question paper leak case". cnbctv18. 20 March 2023.
7. "After Rajasthan paper leak spree under Gehlot's regime, BJP's litmus test today". India Today.
8. "Exam paper leaks: Mounting cases, aspirants affected, parties have made it an election issue". Indian Express. 6 February 2024.
9. "Parliament Clears Public Examinations (Prevention of Unfair Means) Bill, 2024". Live Law. 9 February 2024.
10. "Parliament passes Public Examinations (Prevention of Unfair Means) Bill to tackle unfair practices in public exams". Bar and Bench. 9 February 2024.
11. "Explained: What's in the new Public Examinations Bill, aimed at stopping cheating in exams?". Indian Express. 6 February 2024.
12. "Centre proposes law to tighten noose on examination malpractices, introduces new Bill in Lok Sabha". Hindustan Times. 5 February 2024.