Public Examinations (Prevention of Unfair Means) Bill, 2024

February 6, 2024

The central government has introduced the Public Examinations (Prevention of Unfair Means) Bill, 2024 to prevent the use of unfair means in public examinations. The bill, presented by Union Minister Dr Jitendra Singh, aims to curb paper leaks and cheating in recruitment exams and entrance tests.

Objectives

The Statement of Objects and Reasons of the bill cites frequent leaks in recent years – at least 48 instances in 16 states over 5 years affecting 1.51 crore candidates for 1.2 lakh posts. It aims to bring transparency, fairness and credibility to exams and deter unfair means. The Bill also serves as a model law for states to prevent criminal disruption of state-level exams.

What are projected outcomes?

This will prevent deserving students from losing opportunities due to others using illegal means to gain an edge. The bill aims to secure the futures of hardworking students by levelling the playing field. The key objectives of the bill are:

Enhance transparency, fairness and credibility in public exams
Deter nefarious elements from organised cheating
Ensure genuine efforts of youth are rewarded
Secure futures of deserving students

The bill aims to tackle the menace of paper leaks, impersonation and organised cheating rackets. By imposing strict punishments on such unfair practices, the bill seeks to enhance the credibility of public examination systems.

Definition of Public Examination

The Public Examinations (Prevention of Unfair Means) Bill, 2024 defines a “public examination” as any examination conducted by a “public examination authority” listed in the Schedule of the Bill, or any other authority notified by the Central Government.

The schedule lists five authorities:

Union Public Service Commission (UPSC)
Staff Selection Commission (SSC)
Railway Recruitment Boards (RRBs)
Institute of Banking Personnel Selection (IBPS
National Testing Agency (NTA).

The central government can also add new authorities through notification. Therefore, the Bill covers exams like the Civil Services, SSC Group C and Group B, RRB Group C and D, IBPS bank exams, JEE Main, NEET-UG, UGC-NET, CUET, etc.

Punishments Under the Bill

Under Section 9, all offences under the Bill are cognizable, non-bailable and non-compoundable. This means arrest without warrant, no bail by right, and the case cannot be withdrawn even if the parties compromise. Punishment can be 3-5 years in jail plus up to Rs 10 lakh fine. If the convict fails to pay the fine, additional imprisonment will be imposed under Bharatiya Nyaya Sanhita, 2023. Under Section 10(2), service providers such as coaching institutes engaged for exam support can be fined up to Rs 1 crore.

Harsher Punishment for Organised Crime

Where leaks involve “organised crime” by a group conspiring for wrongful gain, Section 11 provides for 5-10 years jail and fine of at least Rs 1 crore. This aims to tackle systemic and institutionalised leaks.

Why the Bill was Needed?

The decision to impose harsh punishments on cheating was introduced after repeated instances of question paper leaks and organised cheating that adversely affected many students. In many cases, organised groups deployed solver gangs, impersonators, and leaked papers.

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