Law punishing paper leakage and implementation of unfair means in public examinations

What is the story

The Union government implemented the Public Examinations (Prevention of Unfair Means) Act, 2024 from June 21, to prevent paper leaks and cheating in public examinations.

Parliament passed this law in February, but it was not operational until the government issued a notification.

The Ministry of Personnel, Public Grievances and Pensions announced the notification on Friday and set “June 21 as the date on which the provisions of the said Act shall come into force”.

Why is this story important?

The anti-cheating law was implemented amid controversies surrounding exams conducted by the government’s National Testing Agency (NTA).

Students across the country are demanding a retest of the National Eligibility-cum-Entrance Test (NEET), which was conducted on May 5, after it was revealed that the question paper was leaked before the exam and that Grace grades were given to 1,563 students.

After NEET, the education ministry canceled the UGC-NET exam on Wednesday after it was conducted, saying the “integrity of the exam may have been compromised”.

Law targets unfair practices during public exams

Under this new law, anyone resorting to unfair means will be liable to imprisonment for a term of not less than three years, extendable to five years, and a fine which may extend to ₹10 lakh.

Service providers engaged by the public review authority are also liable under the law. Failure to disclose possible violations can result in fines of up to ₹1 crore.

Senior executives of service providers who commit professional misconduct face a jail term of three to 10 years and a fine of ₹1 crore.

Sanctions under the new Public Examinations Act

In cases where an examination authority or service provider commits an organized crime, they will face a minimum of five years in prison and a maximum of 10 years, along with a fine of ₹1 crore.

Additionally, the law includes provisions for the seizure and confiscation of an institution’s assets in the event that it is found to be involved in an organized paper leak crime.

The proportionate cost of the examination will also be recovered.

Law aims to end unfair methods during public exams

The notification of the new law came days after Education Minister Dharmendra Pradhan was asked when it would be implemented, to which he replied that “the law ministry was developing rules regarding the implementation of the legislation.

The Act seeks to end unfair methods in public tests administered by the Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railways, recruitment exams in the banking sector and the NTA, among others.