The Public Examinations (Prevention of Unfair Means) Act, 2024, was officially announced by the central government on Friday with the objective of curbing unfair practices in public examinations and common entrance tests nationwide. This decision comes in the midst of controversies surrounding alleged malpractices during the NEET and UGC NET exams.
Enacted by Parliament in February of this year, the law outlines strict penalties to deter cheating. Individuals engaged in organized cheating activities will face a minimum of three to five years of imprisonment, while those involved in more serious offenses will be subject to five to ten years of imprisonment along with a minimum fine of Rs 1 crore.
According to the legislation, any person or group found guilty of organized cheating, including examination authorities, service providers, or other institutions, will be sentenced to a term of imprisonment ranging from five to ten years, in addition to a fine of no less than Rs 1 crore.
In the event of an organized paper leak crime, the law includes measures to seize and confiscate the assets of an institution involved, as well as recover the corresponding examination expenses from it.
Nevertheless, the legislation safeguards the examinees from facing the same punitive measures, as they will be subject to the existing unfair means policy established by the examination conducting authority.
The definition of ‘unfair means’ according to the law encompasses activities such as leaking question papers or answer keys, providing unauthorized assistance to candidates during exams, manipulating computer networks or resources, impersonating candidates, conducting fraudulent examinations or issuing counterfeit documents, and tampering with documents related to merit lists or rankings.
The law designates certain offenses as non-bailable. Investigations can be conducted by officers of the rank of Deputy Superintendent of Police or Assistant Commissioner of Police. Moreover, the central government has the authority to transfer investigations to a central agency.
The legislation pertains to examinations organized by various bodies such as the Union Public Service Commission (UPSC), the Staff Selection Commission, the Railways, banking recruitment exams, and computer-based tests administered by the National Testing Agency (NTA).
Union Minister Giriraj Singh announced the enforcement of the bill on X, stating, “The Public Examinations (Prevention of Unfair Means) Act, 2024, which aims to prevent paper leaks in central recruitment and entrance exams for central educational institutions, was put into effect on Friday, June 21.”