The Public Examinations (Prevention of Unfair Means) Act, 2024 is a recently passed legislation in India that aims to curb cheating and uphold the integrity of public examinations. The key provisions of the Act are:
The Act broadly defines “unfair means” to include various malpractices such as leaking question papers or answer keys, assisting candidates during exams, tampering with computer networks or resources, impersonating candidates, conducting fake examinations or issuing fake documents, and tampering with documents for merit lists or ranks.
Penalties and Punishments:
Individuals can face imprisonment ranging from 3 to 10 years and fines up to Rs. 1 crore for organized crimes.
Service providers found involved in malpractices can be fined up to Rs. 1 crore, barred from conducting public examinations for 4 years, and their directors/management can be held personally liable.
Harsher penalties for organized crimes, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore. The institution involved can also face property attachment and forfeiture.
Empowering Authorities: The Act empowers authorities to conduct surprise checks at exam centers, seize electronic devices if suspected foul play, blacklist service providers found guilty, and coordinate across agencies to tackle organized cheating.
Additional Measures: The Act also establishes specialized courts for speedy trial of offenses and promotes public awareness about the legislation.
Overall, the Public Examinations (Prevention of Unfair Means) Act, 2024 is a comprehensive legislation aimed at curbing malpractices and ensuring fairness and integrity in public examinations in India.
Key Provisions of the New Examination Security Act
In a bid to enhance the integrity and security of public examinations, the new Examination Security Act introduces a comprehensive framework to address various challenges associated with the conduct of these exams. The act covers a broad spectrum of provisions ranging from defining public examinations and unfair means to specifying stringent punishments and ensuring robust investigation protocols. Here’s an in-depth look at the key provisions of this significant legislation:
Defining Public Examination
One of the foundational aspects of the Act is its definition of what constitutes a public examination. Under Section 2(k), a Public Examination is defined as any examination conducted by a “public examination authority” listed in the Schedule of the Bill. The authorities included in this schedule are:
- Union Public Service Commission (UPSC)
- Staff Selection Commission (SSC)
- Railway Recruitment Boards (RRBs)
- Institute of Banking Personnel Selection (IBPS)
- National Testing Agency (NTA)
- The NTA, notably, is responsible for conducting significant exams such as the JEE (Main), NEET-UG, UGC-NET, and the Common University Entrance Test (CUET). Additionally, all ministries or departments of the Central Government and their attached and subordinate offices involved in staff recruitment fall under the purview of this law. The Act also empowers the central government to add new authorities to the schedule as required through a notification process.
Punishments for Offenses
The Act establishes strict penalties for offenses related to the use of unfair means in public examinations. According to Section 9, all offenses under this Act are cognizable, non-bailable, and non-compoundable:
– Cognizable Offenses: These are offenses where the police can investigate without requiring permission from a Magistrate.
– Non-Bailable Offenses: In such cases, bail is not a matter of right, and it is up to the magistrate to determine if the accused should be released.
– Non-Compoundable Offenses: These are offenses where the case cannot be withdrawn even if the complainant and the accused reach a compromise, necessitating a trial.
For individuals resorting to unfair means, the punishment can range from three to five years in prison, along with a fine of up to Rs 10 lakh. In cases where the convict fails to pay the fine, additional imprisonment will be imposed according to the provisions of the Bharatiya Nyay Sanhita, 2023.
Penalties for Service Providers
Service providers engaged by public examination authorities for conducting exams are also held accountable under this Act. If these service providers are found involved in illegal practices, they face a fine of up to Rs 1 crore. Additionally, the proportionate cost of the examination will be recovered from them.
Defining Unfair Means
Section 3 of the Act meticulously outlines actions considered as unfair means in public examinations for monetary or wrongful gain. At least 15 specific acts are listed, including:
- Leakage of Question Papers or Answer Keys
- Unauthorized Possession of Question Papers or OMR Sheets
- Providing Solutions to Questions Illegally
- Tampering with Documents Necessary for Shortlisting Candidates or Finalizing Merit/Rank
- Tampering with Computer Networks or Systems
- Creating Fake Websites and Issuing Fake Admit Cards or Offer Letters for Monetary Gain
- These provisions aim to comprehensively tackle various forms of malpractice that can compromise the integrity of public examinations.
Investigation and Enforcement
The Act mandates that offenses under this legislation will be investigated by officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police. This ensures that only experienced and senior officers handle such sensitive cases, thereby enhancing the efficacy and reliability of the investigations.
Model Draft for States
To assist states in safeguarding their state-level public examinations from criminal elements, the Act serves as a model draft for states to adopt at their discretion. This provision underscores the Act’s broader aim of ensuring uniformity and robustness in examination security across the country.
High-Level National Technical Committee
A significant provision of the Act is the formation of a High-Level National Technical Committee on Public Examination. This committee is tasked with developing protocols to secure digital platforms and devising strategies for implementing foolproof IT security systems. Additionally, the committee will formulate national standards and service levels for both IT and physical infrastructure. These standards will be deployed to ensure efficiency, reliability, and security in the conduct of examinations.
Conclusion
The Examination Security Act represents a significant step towards ensuring the integrity and security of public examinations in India. By defining clear parameters for what constitutes unfair means, establishing stringent punishments, and setting up robust investigation protocols, the Act aims to create a secure and fair examination environment. Its provisions for service providers and its role as a model draft for states further emphasize its comprehensive and far-reaching impact. As the Act comes into effect, it is expected to significantly curb malpractices and reinforce the credibility of public examinations across the nation.
