Application of the law aimed at limiting paper leaks during competitions

The Government of India notified the stringent Public Examinations (Prevention of Unfair Means) Act, 2024 and the Act came into force from June 21, 2024. The Act aims to reduce the menace of malpractices and irregularities in competitive examinations conducted in the country.

The notification of the law gains importance in the wake of leaked question papers of UGC-NET and NEET (National Eligibility cum Entrance Test) undergraduate medical exams.

Public Examinations (Prevention of Unfair Means) Act 2024

The Public Examinations (Prevention of Unfair Means) Bill 2024 was passed by both Houses of Parliament in February. President Droupadi Murmu agreed to the bill on February 12, turning it into law.

The Act aims to prevent unfair practices in public examinations conducted by the Union Public Service Commission, Railway Recruitment Board, Staff Selection Commission, National Testing Agency (NTA) and banking sector recruitment examination bodies, among others.

Criminal provision of the Public Examinations (Prevention of Unfair Means) Act, 2024

• All offenses against this Act have been committed knowable, non-releasable and non-cumulable.
• Any of them person the use of unfair means and offenses against this law will be punished by imprisonment of at least three years but which can extend up to five years. It also provides for a fine of up to ten lakh rupees. In case of failure to pay the fine, additional punishment of imprisonment shall be imposed, in accordance with the provisions of the Bharatiya Nyaya Sanhita, 2023. The Act also provides that until the Bharatiya Nyaya Sanhita comes into force, 2023, the provisions of the Indian Penal Code will be applicable in place of the said Act.
• THE service provider shall be punishable with imposition of fine which may extend to one crore rupees, and the proportionate cost of the examination shall also be recovered from such service provider. The service provider is prohibited from carrying out any public examination for a period of four years.
• If the director, senior management or responsible person of the service provider company is guilty of professional misconduct, then they will be liable to imprisonment of at least three years, which may be increased to ten years and with a fine of one crore rupees.

Investigating authority

• According to the law, suspected cases of professional misconduct will be investigated by an officer of at least the rank of Deputy Superintendent of Police or Assistant Commissioner of Police.
• The central government has the power to entrust the investigation of such malpractices to any central investigating agency.