THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) BILL, 2024

The Public Examinations (Prevention of Unfair Means) Bill, 2024, introduced by Union Minister of State for Personnel Jitendra Singh, outlines strict p

THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) BILL, 2024

The Narendra Modi government presented a bill in the Lok Sabha on 5th February, 2024 aimed at addressing malpractices in government recruitment exams, including issues like paper leaks and fake websites. 

The Public Examinations (Prevention of Unfair Means) Bill, 2024, introduced by Union Minister of State for Personnel Jitendra Singh, outlines strict penalties, including up to 10 years of imprisonment and a minimum fine of ₹1 crore for individuals or entities involved in organized crimes such as leaking question papers, aiding candidates, or tampering with computer systems in public examinations.

Key Text of the THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) Bill, 2024

According to the text of the Bill, it aims "to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto."

Several activities have been included within the scope "unfair means relating to the conduct of a public examination" under the Bill.

The Bill underscores the critical need for a specific legal framework to address malpractices in public examinations. It emphasizes that such practices cause disruptions, including delays and cancellations of examinations, adversely affecting the aspirations of numerous young individuals.

The bill aims to enhance transparency, fairness, and trust in public examination systems, ensuring that the hard work and genuine efforts of young aspirants are justly rewarded and their futures secured. It seeks to legally and effectively deter individuals, organized groups, or institutions engaged in malpractices that compromise the integrity of public examination systems for financial benefits or other wrongful advantages.

Also Read: The Places of Worship (Special Provisions) Act, 1991

Penalties 

The Bill introduces stringent penalties for individuals in key positions found complicit in manipulating examinations. This includes:

- Individuals holding responsible positions within service provider firms (entities tasked with conducting public examinations), such as directors or senior management members, who consent to fraudulent examination practices.

- In cases identified as organized crime, where groups or entities—including examination authorities, service providers, or any related institutions—are involved, the legislation mandates a minimum sentence of five years' imprisonment. This sentence can be extended up to ten years, and is accompanied by a hefty fine of at least ₹1 crore.

In case of failure to pay the imposed fine, the Bharatiya Nyaya Sanhita, 2023, outlines the additional punishment of imprisonment, reinforcing the seriousness of the penalties. Until the Bharatiya Nyaya Sanhita comes into effect, the existing provisions of the Indian Penal Code (IPC) will be applicable, as clarified by the Bill.

Examinations covered by the THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) Bill, 2024

The bill encompasses entrance examinations conducted by entities such as the Union Public Service Commission (UPSC), the Staff Selection Commission (SSC), railways, banking recruitment boards, and all computer-based tests managed by the National Testing Agency (NTA), as outlined by Singh. 

It identifies a range of malpractices and unfair means in public recruitment examinations, including:

1. Leaks of question papers or answer keys.

2. Collusion to leak question papers or answer keys.

3. Unauthorized possession of question papers or Optical Mark Recognition (OMR) sheets.

4. Assisting a candidate in solving questions during an examination.

5. Unauthorized assistance to any candidate in any form during an examination.

6. Tampering with answer sheets, including OMR response sheets.

7. Unauthorized alteration of assessment results.

8. Violation of examination conduct norms or standards established by the central government.

9. Tampering with documents used for candidate short-listing or determining merit or rank.

10. Deliberate violation of security measures to enable cheating.

11. Tampering with computer networks or systems for wrongful gains.

12. Manipulating seating arrangements, examination dates, or shifts to facilitate cheating.

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