On February 5, 2024, the Public Examinations (Prevention of Unfair Means) Bill, 2024 was presented to the Lok Sabha. The purpose of the bill is to encourage equitable examination practices across the nation and to stop the use of unfair methods in public exams.
However, the Bill outlines several offenses related to open inspections. It forbids cooperation or plotting to support the use of any unfair tactics. It lists the following as unfair methods: (i) unauthorized access to or disclosure of the question paper or answer key; (ii) aiding a candidate in a public examination.
(iii) interfering with the computer network or its resources; (iv) altering documents related to the shortlisting or finalization of the merit list or rank; and (v) holding fictitious exams and issuing phony offer letters or admit cards to cheat for financial gain. Additionally, it forbids: (i) revealing private test-related information ahead of time; and (ii) allowing unauthorized individuals to access exam centers to cause disturbances. The aforementioned violations carry a maximum fine of Rs 10 lakh along with a sentence of three to five years in jail.
What It Says?
The proposed legislation aims to prevent unfair practices in public examinations and common entrance tests by tightening the noose on these examinations. It includes punishment, including imprisonment, for malpractice in these tests. The bill serves as a model draft for states to adopt, preventing criminal elements from disrupting state-level public examinations.
However, the draft legislation for the Public Examination (Prevention of Unfair Means) Bill, 2024, identifies 20 offenses and unfair means observed in exams. It suggests stringent measures and punishments for individuals and firms involved in malpractices during exams. The Central Government is implementing comprehensive Central legislation to identify and effectively address vulnerabilities in the examination system.
This includes ‘Public Examinations’ conducted by various authorities, including the Union Public Service Commission, Staff Selection Commission, Railway Recruitment Boards, Institute of Banking Personnel Selection, and National Testing Agency. Candidates will not be liable for actions within the purview of the Bill, as they will continue to be covered under existing administrative provisions.
Punishment for exam dishonesty proposed
The law stipulates that using unfair tactics would result in a fine of up to Rs 10 lakh in addition to a sentence of imprisonment that might range from three to five years. Any individual or organization that engages in organized crime, including the examination body, a service provider, or any other institution, faces a minimum sentence of five years in jail, with the possibility of up to 10 years in prison, as well as a fine of at least one crore rupees. If an institution is found to be complicit in organized crime, its assets will be seized and forfeited, and the examination’s reasonable costs will also be collected from it.
Also, this Bill restricts public examinations to the examination center alone, and any infractions are punishable by law and are not subject to bail or compounding.
People may, however, escape responsibility if they can show that the violation happened without their knowledge and that they took all reasonable steps to prevent it.
Additionally, If the bill is proven to be an “organized crime,” a minimum jail term of five years may be prescribed, with a fine of at least Rs one crore. If there is no organized crime angle, the punishment will be between three to five years with a fine of up to Rs ten lakh. The bill aims to bring transparency, fairness, and credibility to public examination systems and deter individuals, groups, or institutions from engaging in unfair means and targeting public examination systems for monetary or wrongful gains.
Comments 1