Tough central law to curb irregularities in exam comes into force

The government of India has notified the stringent Public Examinations (Prevention of Unfair Means) Act 2024 and the law has come into effect from 21 June 2024. The law aims to curb the menace of malpractices and irregularities in competitive exams conducted in the country.

The notification of the law assumes significance in the wake of question paper leaks of the UGC-NET and the undergraduate NEET(National Eligibility cum Entrance Test) medical exams.

Public Examinations (Prevention of Unfair Means) Act, 2024

The Public Examinations (Prevention of Unfair Means) Bill, 2024, was passed by both houses of the parliament in February. President Droupadi Murmu gave her assent to the bill on 12 February, turning it into a law. 

The act aims to prevent unfair means in the public examinations conducted by the Union Public Service Commission, Railway Recruitment Board, Staff Selection Commission, National Testing Agency (NTA), and banking recruitment examination bodies, among others. 

Penal provision of the Public Examinations (Prevention of Unfair Means) Act, 2024

• All offences under this Act have been made cognisable, non-bailable and non-compoundable. 
• Any person resorting to unfair means and offences under this Act shall be punished with imprisonment for a term not less than three years but which may extend to five years. It also provides for a monetary penalty of up to ten lakh rupees. In case of default of payment of the fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023. The law also provides that until the Bharatiya Nyaya Sanhita, 2023, is brought into force, the provisions of the Indian Penal Code shall be applicable in place of the said Act.
• The service provider shall be punished with the imposition of a fine up to one crore rupees, and proportionate cost of examination shall also be recovered from such service provider. The service provider shall be barred from conducting any public examination for a period of four years.
• If the Director, Senior Management or the person in-charge of the service provider firm is guilty of malpractice, then they shall be liable for imprisonment for a term not less than three years, which may be extended to ten years and with a fine of one crore rupees.

Investigating authority 

• According to the act, alleged malpractice cases will be investigated by an officer not below the rank of the Deputy Superintendent of Police or Assistant Commissioner of Police. 
• The Central government has the power to hand over the investigation of such malpractices to any Central Investigating Agency.