Public Examinations (Prevention of Unfair Means) Act, 2024

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]

Public Examinations (Prevention of Unfair Means) Act, 2024
Parliament of India
  • An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto.
CitationAct No. 1 of 2024
Territorial extentIndia
Passed byLok Sabha
Passed6 February 2024
Passed byRajya Sabha
Passed9 February 2024
Assented to byPresident Droupadi Murmu
Assented to25 February 2024
Commenced21 June 2024
Legislative history
Initiating chamber: Lok Sabha
Bill titlePublic Examinations (Prevention of Unfair Means) Bill, 2024
Bill citationBill No. 15 of 2024
Introduced byJitendra Singh, MoS for Personnel, Public Grievances and Pensions
Introduced5 February 2024
Passed6 February 2024
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Revising chamber: Rajya Sabha
Passed9 February 2024
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers9 February 2024
Amends
Criminal Law (Amendment) Ordinance, 1944 (Ordinance 38 of 1944)
Status: In force

Background

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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

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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

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