Source: The Hindu

Why in News?

The recent allegations on the malpractices in the NEET examination and paper leak in NET examination have led to discussions related to the law relating to the public examinations.

What is the Public Examination (Prevention of Unfair Means) Act, 2024?

Introduction

• The Public Examinations (Prevention of Unfair Means) Act, 2024, enacted on 12th February 2024, is aimed at preserving the integrity of public examinations in India.
• This Act addresses the growing concern of malpractices in examinations conducted by various public authorities.

Offences:

• Unfair Means (Section 3)
  • Leakage of Question Papers or Answer Keys: This involves unauthorized disclosure of examination questions or answer keys before the official start of the exam. Such leaks can severely compromise the integrity of the examination process.
  • Collusion for Leakage: Participating in any form of conspiracy or collaboration with others to facilitate the leakage of question papers or answer keys. This offense recognizes the organized nature of some examination frauds.
  • Unauthorized Access to Examination Materials: Accessing or taking possession of question papers or Optical Mark Recognition (OMR) response sheets without proper authority. This includes any attempt to obtain exam materials through illicit means.
  • Providing Unauthorized Solutions: Offering solutions to exam questions by any unauthorized person during the examination. This could involve external individuals communicating answers to candidates.
  • Unauthorized Assistance to Candidates: Directly or indirectly assisting candidates in any unauthorized manner during the examination. This broad category covers various forms of cheating assistance.
  • Tampering with Answer Sheets: Altering or manipulating answer sheets, including OMR response sheets, after the examination has concluded.
  • Unauthorized Assessment Alteration: Changing the assessment of exam papers, except to correct genuine errors, without proper authorization.
  • Violation of Examination Norms: Willfully violating norms or standards set by the Central Government for the conduct of public examinations.
  • Document Tampering: Manipulating any documents used for shortlisting candidates or finalizing merit lists and rankings.
  • Security Breaches: Deliberately violating security measures put in place to prevent unfair means in examinations.
  • Computer System Tampering: Interfering with or manipulating computer networks, resources, or systems used in the examination process.
  • Manipulation of Examination Arrangements: Altering seating arrangements, allocation of dates, or shifts for candidates to facilitate cheating.
  • Threats and Obstruction: Threatening or obstructing individuals associated with the examination authority, service providers, or government agencies involved in exam conduct.
  • Cyber Crimes: Creating fake websites to deceive candidates or for monetary gain and conducting fake examinations.
• Conspiracy for Unfair Means (Section 4)
  • This section prohibits any person, group of persons, or institutions from colluding or conspiring to facilitate the use of unfair means in examinations. It recognizes that examination fraud often involves coordinated efforts by multiple parties.
• Disruption to Conduct Public Examination (Section 5)
  • Unauthorized Entry: Prohibits unauthorized persons from entering examination premises with the intent to disrupt the exam.
  • Premature Access to Question Papers: Forbids authorized personnel from opening, leaking, possessing, accessing, or solving question papers before the official start time.
  • Unauthorized Disclosure of Confidential Information: Prevents the sharing of confidential exam-related information for monetary or wrongful gain.
  • Breach of Confidentiality: Prohibits authorized personnel from revealing information gained through their official duties, except when required for their job.
• Other Offences (Section 6)
  • This section mandates that service providers must report any offences under Sections 3, 4, and 5 to the police and inform the public examination authority. If the service provider itself is involved in unfair means, the examination authority must report this to the police.
• No Premises Other Than Examination Centre Shall Be Used for Public Examination (Section 7)
  • This section makes it an offence for service providers or associated persons to use any premises other than the authorized examination center for conducting exams, without written approval from the public examination authority.
  • An exception is made for changes due to force majeure events.
• Offences in Respect of Service Providers and Other Persons (Section 8)
  • Unauthorized Assistance: Makes it an offence for any person, including those associated with service providers, to assist anyone unauthorized in the conduct of public examinations.
  • Failure to Report: Service providers or associated persons commit an offence if they fail to report incidents of unfair means or other offences.
  • Corporate Liability: If an offence by a service provider is committed with the consent or connivance of any director, manager, secretary, or other officer, such individuals can also be held liable.

What are the Punishments Provided under the Public Examination (Prevention of Unfair Means) Act, 2024?

• Nature of Offences (Section 9):
  • All offences are cognizable, non-bailable, and non-compoundable.
• General Offences (Section 10(1)):
  • Imprisonment: 3-5 years
  • Fine: Up to ₹10 lakhs
• Service Provider Offences (Section 10(2)):
  • Fine: Up to ₹1 crore
  • Barred from conducting exams for 4 years
  • Recovery of proportionate examination costs
• Offences by Senior Management (Section 10(3)):
  • Imprisonment: 3-10 years
  • Fine: ₹1 crore
• Organized Crimes (Section 11(1)):
  • Imprisonment: 5-10 years
  • Fine: Not less than ₹1 crore
• Institutional Involvement in Organized Crime (Section 11(2)):
  • Property attachment and forfeiture
  • Recovery of proportionate examination costs