Public Examinations (Prevention of Unfair Means) Act, 2024 explained
| Short Title: | The Public Examinations (Prevention of Unfair Means) Act, 2024 |
| Legislature: | Parliament of India |
| Long Title: | An Act to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto. |
| Citation: | Act No. 1 of 2024 |
| Enacted By: | Lok Sabha |
| Date Enacted: | 5 February 2024 |
| Assented By: | President of India |
| Date Assented: | 25 February 2024 |
| Date In Forced: | 21 June 2024 |
| Bill Date: | 12 December 2023 |
| Bill History Url: | https://sansad.in/ls/legislation/bills |
| Bill: | The Public Examinations (Prevention of Unfair Means) Bill, 2024 |
| Bill Citation: | Bill No. 15 |
| Introduced By: | Dr. Jitendra Singh |
| Date Introduced: | 5 February 2024 |
| Passed For: | Majority Voice |
| Passed Against: | Minority Voice |
| Date Introduced2: | 9 February 2024 |
| Passed2: | 6 February 2024 |
| Passed2 For: | Majority Voice |
| Passed2 Against: | Minority Voice |
| Date Final Passage: | 9 February 2024 |
| Summary: | A Bill to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto. |
| Status: | in force |
The Public Examinations (Prevention of Unfair Means) Act, 2024 is a recently passed legislation in India aiming to curb cheating and uphold the integrity of public examinations.[1] [2] [3]
Background
The government felt the need to introduce the Public Examinations (Prevention of Unfair Means) Bill, 2024, due to several concerns regarding cheating and malpractices in public examinations.[4] [5]
Instances of cheating in various public examinations, including entrance exams like State PSCs, and even school board exams, have been repeatedly reported.[6] These cases involved practices like paper leaks, organized cheating gangs, impersonation, and electronic device usage.[7] [8]
Provisions
The Act outlines several key provisions to curb cheating and promote fair conduct in public examinations. Here's a breakdown of some major points:[9] [10]
Defining Unfair Means:
- The Act broadly defines "unfair means" to include various malpractices, such as:
- Leaking question papers or answer keys
- Assisting candidates during exams (unauthorized communication, providing solutions)
- Tampering with computer networks or resources
- Impersonating candidates
- Conducting fake examinations or issuing fake documents
- Tampering with documents for merit lists or ranks
Penalties and Punishments:[11]
- Individuals:
- Imprisonment ranging from 3 to 10 years depending on the offense severity
- Fines up to Rs. 1 crore for organized crimes
- Service providers:
- Fines up to Rs. 1 crore for involvement in malpractices
- Barring from conducting public examinations for 4 years
- Personal liability for directors/management involved
- Organized crimes:
- Harsher penalties, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore
- Institution involved can face property attachment and forfeiture
Empowering Authorities:
- Conduct surprise checks at exam centers and seize electronic devices if suspected foul play[12]
- Blacklist service providers found guilty of malpractices
- Share information and coordinate across agencies to effectively tackle organized cheating
Additional Measures:
- Establishing specialized courts for speedy trial of offenses
- Promoting public awareness about the bill and its implications
Notes and References
- News: Explained: What is the Public Examinations Bill 2024 . NDTV.
- News: Lok Sabha Passes Bill to Check Paper Leaks in Government Recruitment Exams . The Wire.
- News: Lok Sabha clears Bill to curb paper leaks, cheating in public exams . India Today.
- News: Protests continue for second day over Telangana PSC question paper leak . 15 March 2023 .
- News: As Paper Leaks Rock Uttarakhand, Police's Treatment of Protesters Come as a Fresh Blow . The Wire.
- News: Police arrests 4 accused in Madhya Pradesh Board Class 10 and 12 question paper leak case . 20 March 2023 . cnbctv18.
- News: After Rajasthan paper leak spree under Gehlot's regime, BJP's litmus test today . India Today.
- News: Exam paper leaks: Mounting cases, aspirants affected, parties have made it an election issue . 6 February 2024 . Indian Express.
- Web site: Parliament Clears Public Examinations (Prevention of Unfair Means) Bill, 2024 . 9 February 2024 . Live Law.
- Web site: Parliament passes Public Examinations (Prevention of Unfair Means) Bill to tackle unfair practices in public exams . 9 February 2024 . Bar and Bench.
- News: Explained: What's in the new Public Examinations Bill, aimed at stopping cheating in exams? . 6 February 2024 . Indian Express.
- News: Centre proposes law to tighten noose on examination malpractices, introduces new Bill in Lok Sabha . 5 February 2024 . Hindustan Times.
