The Public Examinations (Prevention of Unfair Means) Act, 2024

Introduction

In the beginning of February 2024, the Public Examinations (Prevention of Unfair Means) Bill, 2024, i.e., Bill No. 15 of 2024, was passed by both Lok Sabha as well as Rajya Sabha, and now it has become an ct. The main objective of this act is to prevent the use of ‘unfair means’ in public examinations and make the examinations system more transparent, fair and credible. The act will serve as a model draft that states can adopt at their discretion, correcting any mistakes as they see fit.

Need for the Act

The Government of India decided to enforce this act due to the following reasons:

Frequency of paper leaks For the past few years, a multitude of cases regarding question paper leaks have occurred in recruitment exams. For example, 48 cases of such leaks have been witnessed in around 16 states, which led to the disruption in the hiring process for various government posts. As a result, the lives of approximately 1.51 crore applicants who applied for around 1.2 lakh posts were affected.
Impact on recruitment process Various cases of malpractices in public examinations have been seen. Consequently, many times these examinations have been delayed or cancelled, which adversely affects the future of the youth of the country. These unfair means could not be tackled in the absence of a specific law regarding the same.
Need for comprehensive legislation The lack of a comprehensive central legislation to address malpractices in public examinations necessitates the introduction of a new bill. It aims to identify and effectively address elements exploiting vulnerabilities in the examination system. The primary objective is to introduce greater transparency, fairness, and credibility into the public examination systems. It seeks to reassure youth that sincere and genuine efforts will be duly rewarded, ensuring the safety of their future prospects.

Deterrence against malpractices The act is designed to legally deter individuals, organised groups, or institutions from engaging in unfair means that disrupt public examination systems for monetary or wrongful gains. It aims to establish mechanisms for effective enforcement against such malpractices.

Protection of candidates The act clarifies that candidates, as defined within its provisions, shall not be held liable for actions covered under the bill. Existing administrative provisions of the relevant public examination authorities will continue to apply to candidates.

Role as a model draft Once enacted into law, the act will serve as a model draft for states to adopt at their discretion. This will assist states in preventing criminal elements from disrupting the conduct of their respective state-level public examinations.

About the act The act defines the term ‘Public Examinations’ as any examination conducted by the public examination authority, as specified in the Schedule, or conducted by such other authority as may be notified by the Central Government.

Examinations falling under the purview of the act include:

Union Public Service Commission (UPSC) Examinations

Civil Services Examination
Combined Defence Services Examinations
Combined Medical Services Examination
Engineering Services Examination and any other examinations conducted by UPSC for recruitment to various central government services.

Staff Selection Commission (SSC) Examinations

Recruitment for Group C (non-technical) positions
Recruitment for Group B (non-gazetted) positions and any other examinations conducted by SSC for central government jobs.

Railway Recruitment Board (RRB) Examinations

Recruitment for Groups C and D staff in the Indian Railways and any other examinations conducted by RRBs for recruitment in the Indian Railways.

Institute of Banking Personnel Selection (IBPS) Examinations

Recruitment at all levels for nationalised banks
Recruitment at all levels for regional rural banks (RRBs) and any other examinations conducted by IBPS for banking sector jobs.

National Testing Agency (NTA) Examinations

Joint Entrance Examination (JEE) Main
National Eligibility cum Entrance Test (NEET) UG
University Grants Commission-National Eligibility Test (UGC-NET)
Common University Entrance Test (CUET) and any other examinations conducted by NTA for various educational institutions and programs.

In the Schedule to the act, new authorities can be included whenever required by the Central Government via a notification.

Key Provisions of the Act

The act specifies offences related to public examinations Under the act, any conspiracy to provoke the use of unfair means is banned done by any person or group of person institutions. Unfair means in public examinations “for monetary or wrongful gain” are listed as follows:

Unauthorised disclosure or dissemination of the question paper, answer key, or any part thereof
Collaboration with others to facilitate the leakage of the question paper or answer key
Obtaining or possessing the question paper or optical mark recognition (OMR) response sheet without proper authority
Offering solutions to one or more questions by an unauthorised person during the examination
Directly or indirectly aiding candidates in an unauthorised manner during the examination
Altering answer sheets, including OMR response sheets
Intentional breach of norms or standards established by the Central Government for conducting public examinations
Altering any document required for short-listing candidates or finalising their merit or rank in the examination
Deliberate violation of security measures to facilitate unfair means during the examination
Interfering with computer networks, resources, or systems related to the examination
Manipulating seating arrangements or allocation of dates and shifts to facilitate unfair means during the examination
Threatening individuals associated with the examination authority or obstructing the examination process
Establishing fake websites to deceive or gain monetary benefits
Organising fake examinations, issuing fake admit cards, or offer letters for fraudulent purposes

These offenses encompass a wide range of actions aimed at compromising the integrity and fairness of public examinations, with severe penalties intended to deter such malpractices and uphold the credibility of the examination system. Although the offenses are not restricted to the following acts for monetary or wrongful gain.

As per the act, the entry of unauthorised people is prohibited in the examination centres so that disruptions can be prevented. Besides, the revelation of confidential information related to the exam before the specified time is also forbidden.

Punishment for Offences

The act stipulates that all offenses outlined within it are cognisable, non-bailable, and non-compoundable. Any individual or group found guilty of resorting to unfair means or committing offenses under this act will face imprisonment for a minimum of three years, extendable up to five years, along with a fine of up to ten lakh rupees.

If the provisions of the act are violated, it is the duty of service providers to file a complaint against the accused individuals or organisation at the police station as well as inform the concerned examination authority. It will be considered an offence if such events are not reported to the police and the concerned authority. However, if the service provider itself is the accused who has committed the offence, it becomes the responsibility of the examination authority to inform the police about it.

Under the act, the service providers cannot change the examination centre on their own without the consent of the examination authority. Changing the examination centre in this manner is forbidden. The service provider who is accused of such an offence will be liable for a punishment, comprising a maximum fine of Rs one crore. Besides, the service provider will have to pay the proportionate cost of examination. Apart from these, such a service provider will be disqualified and won’t be in a position to conduct public examinations for a period of four years.

A service provider refers to a company that enables a public examination authority to access the Internet, computer resources and other such services.

If the service providers commit the offences under the guidance of their head or person-in-charge or senior management staff or the Director, this person will be liable for a punishment, comprising 3-10 years of imprisonment and a fine of approximately Rs. one crore.

A greater punishment is specified for organised crimes. An organised crime refers to an illegal action performed by an individual or individuals for their selfish interest associated with public examinations. Such individuals will be subject to a punishment comprising 5-10 years of imprisonment and a fine of minimum Rs. one crore.

Similarly, in case an organisation is accused of committing an organised crime, the government will seize its property, and it will also have to pay a cost proportional to the examination cost.

In the event of non-payment of fine, additional imprisonment will be imposed as per the Bharatiya Nyaya Sanhita, 2023. However, until the enactment of the Bharatiya Nyaya Sanhita, 2023, the provisions of the Indian Penal Code will be applied in place of this act.

Inquiry and Investigation

The act states the nature of offences. All the offences specified in this act cannot be bailed and compounded, and are identifiable, i.e., a warrant is not required for an arrest or an investigation can be started even in the absence of the court’s permission. However, if the accused is able to establish that he had taken proper caution while performing an action or making a decision, such an action will not be considered an offence. The offences specified in the act will be investigated by an officer holding a position equivalent to that of a Deputy Superintendent or Assistant Commissioner of Police (ACP). Besides, the investigation may be assigned to a central investigating agency by the Central Government.

The Criminal Law (Amendment) Ordinance, 1944 has been updated with an additional provision regarding offenses related to the Public Examinations (Prevention of Unfair Means) Act, 2024. This means that any violations of the said act will now be treated as criminal offenses under the Ordinance.

Issues Related to the Act

Discretion of state governments As the discretion for adopting the act has been granted to the state governments while the act serve as a ‘model draft’ for them, the act may be enacted in different ways in different states. As a result, the law may not be as efficient in maintaining the integrity of the public examinations as it is expected.

Loopholes in sanctions Certain provisions in the act are likely to be exploited to escape penalty. For instance, if a service provider uses unfair means in the conduct of the public examinations, and the fine imposed upon him is not equivalent to the monetary gains he obtains from such means, such a deterrent may not be efficient in tackling the situation.

Occurrence of legal challenges Certain legal challenges may arise due to the provision of the act regarding the nature of offences, i.e. cognizable, non-bailable and non-compoundable offences. It is debatable that whether or not these severe measures are in proportion to the seriousness of the offences. The question may also arise whether these measures comply with the ideologies of natural justice.

Conclusion

The implementation of the Public Examinations (Prevention of Unfair Means) Act, 2024 is a historic step taken by the government of India and check the use of illegal practicism in public examinations. It highlights the intentions of the government to provide the aspirants with a fair and performance-driven environment. It focusses on dealing with malpractices and keeping the authenticity of public examinations intact. Eventually, it would be beneficial for all the aspiring candidates around the nation.