The Public Examinations (Prevention of Unfair Means) Act, 2024, published on 12th February, is enacted to prevent unfair means, such as question paper leakage, tampering with answer sheets etc., in public examinations.
The Act declares Public Examination as any examination conducted by -
- Union Public Service Commission,
- Staff Selection Commission,
- Railway Recruitment Boards,
- Institute of Banking Personnel Selection,
- Central Government Ministries or Departments,
- National Testing Agency,
- Any other authority notified by Central Government.
Public examinations conducted by State Governments are not under the purview of the Act.
The Act provides for extensive list of offences, such as -
- Collusion to effect leakage,
- Assisting the candidates without authorization,
- Willful violation of standards,
- Tampering with results,
- Violation of security measures,
- Manipulation in conduct of examination,
- Conduct of fake examination etc.
The Act declares all offences under the Act to be cognizable, non-bailable and non-compoundable. The Act extends the scope of offences to individuals, institutions and service providers of the examinations.
The Act mandates service provider to report the offence to the concerned police authorities and to the concerned public examination authority. In the event of service provider committing the offence, the Act mandates public examination authority to report the offence to the concerned police authorities.
For all offences by individuals, the Act prescribes a punishment of imprisonment for three years, extendable to five years, along with fine up to ₹ 10 Lakhs.
For offences by service providers, the Act prescribes a punishment of fine up to one crore rupees along with a fine of proportionate cost of examination. Also, the Act prohibits such service providers from conducting public examinations, for a period of four years. Additionally, senior management personnel of such service providers are liable for imprisonment for three years, extendable to ten years, along with fine of ₹ 1 Crore.
For offences considered as Organized Crimes, the Act prescribes a punishment of imprisonment for five years, extendable to ten years, along with fine of at least ₹ 1 Crore.
You can download the Act text here.
