The growing instances of organised and paper leaks have highlighted the need for a stringent law against such malpractices. It has pushed the authorities to take strict action against such incidents and prevent them from happening in the future as well. 

In light of these incidents and the wide uproar by the candidates and citizens, the government has notified the Public Examination (Prevention of Unfair Means) Act of 2024. 

What Is The Public Examinations (Prevention Of Unfair Means) Act Of 2024?

The Public Examinations (Prevention Of Unfair Means) Act, 2024 seeks to prevent the use of unfair means in examinations, to  hold such examinations entirely based on merit and to employ fair and equitable means. 

The Act intends to achieve credibility, fairness and transparency in the examination systems. It seeks to eliminate the delays and hassle caused by such unfair means to the youth and their educational or employment-related prospects.

The Act will prosecute  the persons involved or responsible for the misappropriation, illicit use or leaking of public examinations. It seeks to prevent any sort of unfair or inequitable activity in the conduction of such exams. The offences under the Act are cognizable, non-bailable and non-compoundable. 

The Public Examinations (Prevention Of Unfair Means) Bill, 2024 was passed by the Parliament on February 9, 2024, and received the assent of the President on February 12, 2024. However, the Bill was not notified, thus delaying its application. 

The Bill was notified on June 21, 2024, and came into effect on the same day. The recent incidents of NEET-UG and UGC-NET paper leaks will not be brought under the purview of this act since the legal system of India bars retrospective application of laws. 

The NEET-UG Paper Leak: A Case Study

The recent chaos amidst the declaration of NEET-UG results wherein allegations of a suspected paper leak were made and grace marks were given to more than 1500 students has sparked an important debate. 

Multiple people across different states were arrested on the charges of leaking and assisting in the leakage of NEET-UG papers. This was sparked further after the UGC-NET examinations to be held on the 19th of June were cancelled owing to yet another suspected paper leak. 

These ongoing controversies highlighted the requirement of a law to prosecute and prevent such activities from happening.  

What Are The Punishable Activities Under The Public Examinations (Prevention Of Unfair Means) Act, 2024?

The activities by persons, associations of persons or institutes that are punishable under this Act are covered by Sections 3, 4, 5, 6 and 7 of the Act. A summary of them is as follows:

• Leakage and collusion for leakage of examination papers.

• Provision of answer key during or before the examination.

• Assisting a candidate during the conduction of the examination. 

• Possessing a question paper or OMR sheet before the examination

• Tampering or violating question papers or answer sheets without authority.

• Manipulation of code of conduct, norms and rules. 

• Conduction of fake examination and related activities, intending to cheat for monetary gain.

• Entrance or disruption of the examination by unauthorised persons.

• Change of examination centre without written permission of authorities. 

What Are The Punishments Under The Public Examinations (Prevention Of Unfair Means) Act, 2024?

The Act is aimed at effectively preventing and deterring persons from causing unwanted hindrances in the conduct of such examinations. It will punish the responsible individuals, persons and institutes in the following manner:

• Any persons resorting to unfair means and offences: Punishment for not less than 3 years and a fine up to Ten lakhs. 

• Service providers: Fine up to 1 crore and proportionate recoverable cost of examination. 

• Authorities involved: Imprisonment for a term not less than 3 years extendable to 10 years and with a fine of 1 crore rupees. 

Conclusion

The law comes as a futuristic and prospective move to prosecute and prevent unlawful activities related to public examinations and paper leaks. The scope and ambit of the Act are wide enough to include multiple fractures present in the public examination system.

Stay tuned to our website and channel for more updates, you can also watch our video on Public Examination Act for more details.

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