Law to Combat Paper Leaks and Unfair Practices in Public Exams Effective June 21
The Public Examinations (Prevention of Unfair Means) Act, 2024, officially took effect on June 21, as announced by the Union Government. Although Parliament passed the Act on February 9, 2024, and it received Presidential assent on February 12, 2024, it remained dormant until the recent notification by the Ministry of Personnel, Public Grievances, and Pensions. The notification read, “In exercise of the powers conferred by sub-section (2) of Section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June, 2024 as the date on which the provisions of the said Act shall come into force.”
This Act aims to address issues such as “leakage of question papers or answer keys,” “unauthorized assistance to candidates,” and “tampering with computer systems and networks.” Both individuals and institutions found guilty of these offenses will face severe penalties.
The timing of the notification is significant, as it coincides with recent controversies over paper leaks in high-stakes exams like NEET-UG 2024 and UGC-NET, which had to be canceled due to similar issues. However, the Act will not apply retrospectively to incidents before June 21.
Unfair Means as Defined by the Act Include:
- Unauthorized access or leakage of question papers or answer keys.
- Assisting a candidate during a public examination.
- Tampering with computer networks or resources.
- Manipulating documents for shortlisting or finalizing merit lists or ranks.
- Conducting fake examinations or issuing fraudulent admit cards or offer letters for financial gain.
Those found guilty under the Act will face imprisonment for a minimum of three years, which may extend to five years, and fines up to ₹10 lakh. Service providers involved in the examination process will also be held accountable, with potential fines up to ₹1 crore, plus the cost of the examination.
A “service provider” is defined broadly to include any agency, organization, business entity, or individual engaged by a public examination authority for conducting exams.
This new legislation aims to uphold the integrity of public examinations by imposing strict penalties on those engaging in unfair practices.
download The Public Examinations (Prevention of Unfair Means) Act, 2024,
