Public Examinations (Prevention of Unfair Means) Act, 2024

Public examinations play a crucial role in shaping the educational and professional futures of individuals. The credibility and fairness of these examinations are fundamental to ensuring equal opportunities for all candidates. However, in recent years, there has been a surge in exam-related malpractices, including paper leaks, unauthorised assistance, and digital fraud. To address these growing concerns, the Public Examinations (Prevention of Unfair Means) Act, 2024 was enacted on February 12, 2024. This law aims to curb unfair means in public examinations, maintain their integrity, and prescribe stringent penalties for those involved in examination fraud.

The enactment of this law gained significant attention following allegations of malpractices in major exams such as NEET (National Eligibility cum Entrance Test) and NET (National Eligibility Test). These incidents highlighted the need for a robust legal framework to prevent examination fraud and penalise those engaging in corrupt practices.

Key Provisions of Public Examinations (Prevention of Unfair Means) Act, 2024

Unfair Means in Public Examinations (Section 3)

The Act identifies various forms of examination fraud and malpractice as criminal offences. These include:

1. Leakage of Question Papers or Answer Keys: Unauthorised disclosure of examination papers or answer keys before the scheduled exam.
2. Collusion for Leakage: Conspiring with others to leak examination materials.
3. Unauthorised Access to Examination Materials: Illicit possession or access to question papers, OMR response sheets, or other confidential exam documents.
4. Providing Unauthorised Solutions: Any external person attempting to communicate answers to candidates during the examination.
5. Unauthorised Assistance to Candidates: Helping candidates by any means that violate exam regulations.
6. Tampering with Answer Sheets: Altering or manipulating answer sheets, including OMR response sheets, after the exam.
7. Unauthorised Assessment Alteration: Unapproved changes in the assessment or marking of exam papers.
8. Violation of Examination Norms: Willful non-compliance with guidelines established by the central government.
9. Document Tampering: Falsification of records related to the examination process, such as merit lists and rankings.
10. Security Breaches: Deliberate actions that compromise the security of examination centres.
11. Computer System Tampering: Hacking or unauthorised access to digital systems used for exam administration.
12. Manipulation of Examination Arrangements: Unauthorised alterations to seating arrangements, shifts, or exam schedules to facilitate cheating.
13. Threats and Obstruction: Intimidating or obstructing individuals involved in the examination process.
14. Cyber Crimes: Creation of fake websites to mislead candidates, collect money fraudulently, or conduct fake examinations.

Conspiracy for Unfair Means (Section 4)

• Any person, group, or institution involved in planning or executing an unfair means conspiracy will be prosecuted under this section.
• Recognises organised examination fraud as a serious crime.

Disruption to Conduct of Public Examinations (Section 5)

1. Unauthorised Entry: Prevents unauthorised individuals from entering exam centres with the intent to disrupt the examination process.
2. Premature Access to Question Papers: Prohibits authorised personnel from opening or leaking exam papers before the official start.
3. Unauthorised Disclosure of Confidential Information: Prevents exam officials from sharing confidential materials for personal gain.
4. Breach of Confidentiality: Prohibits revealing confidential information unless necessary for official duties.

Reporting and Accountability (Section 6)

• Requires service providers and exam-conducting authorities to report any malpractice incidents to the police.
• If a service provider is involved in malpractice, the examination authority must report it to law enforcement.

Restrictions on Examination Venues (Section 7)

• Exams can only be conducted at designated centres approved by the public examination authority.
• Exceptions are made in cases of force majeure (unavoidable circumstances).

Liability of Service Providers and Officials (Section 8)

1. Unauthorised Assistance: Service providers or their personnel cannot assist candidates or exam officials in unauthorised ways.
2. Failure to Report Malpractices: Service providers must report any known violations; failure to do so is a punishable offence.
3. Corporate Liability: Senior officials of institutions involved in examination fraud can be held personally responsible.

Punishments and Legal Consequences under Public Examinations (Prevention of Unfair Means) Act, 2024

The Act prescribes severe penalties to deter individuals and organisations from engaging in unfair means during examinations.

General Offences (Section 9 & 10(1))

• Imprisonment: 3-5 years
• Fine: Up to ₹10 lakhs

Service Provider Offences (Section 10(2))

• Fine: Up to ₹1 crore
• Barred from conducting exams for four years
• Liability for exam cost recovery

Senior Management Liability (Section 10(3))

• Imprisonment: 3-10 years
• Fine: ₹1 crore

Organised Crimes (Section 11(1))

• Imprisonment: 5-10 years
• Fine: Not less than ₹1 crore

Institutional Involvement in Organised Crime (Section 11(2))

• Property attachment and forfeiture
• Recovery of examination costs from involved institutions

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

1. Ensures Fairness: Creates a strong deterrent against examination fraud and enhances the credibility of public examinations.
2. Legal Framework for Accountability: Clearly defines responsibilities and consequences for individuals and institutions.
3. Digital Security Measures: Addresses emerging cyber threats related to online and computer-based examinations.
4. Protects Aspirants’ Interests: Provides legal protection to students who rely on competitive exams for academic and career growth.
5. Strict Corporate and Institutional Accountability: Makes service providers accountable for their role in exam administration.

Conclusion

The Public Examinations (Prevention of Unfair Means) Act, 2024 marks a significant step in ensuring the fairness and credibility of public examinations in India. By imposing strict penalties on offenders, the Act aims to curb exam malpractices that have plagued competitive examinations for years. 

While challenges exist in implementation, a collective effort from government agencies, educational institutions, service providers, and students is necessary to uphold the integrity of public examinations. With proper enforcement and technological advancements, this law can serve as a robust deterrent against examination fraud, ensuring a level playing field for all aspirants.