The Public Examination (Prevention of Unfair Means) Bill, 2024

Soumya Singh

The Public Examination (Prevention of Unfair Means) Bill, 2024 was introduced in Lok Sabha on February 5, 2024, evening to uphold the integrity of public examination by curbing unfair practices. It pertains to examinations conducted by specified authorities outline in Schedule to the Bill or those notified by the central government. These encompass renowned body such as the Union Public Service Commission, Staff Selection Commission, and others involved in recruitment processes.

Outline within the Bill are various offences related to public examination including collusion or conspiracy to facilitate unfair means, unauthorized access to question papers or answer keys, assistance to candidates during exams, tempering with computer networks or documents, and conducting fraudulent exams for monetary gain. Disclosing confidential exam information prematurely and unauthorized entry into exam centers are also prohibited, punishable by imprisonment ranging from 3 to 5 years and fines up to rupees 10 lakh.

The legislation also delineates responsibilities for service providers, requiring them to promptly report violations to both the police and the relevant examination authority. Failure to do so constitutes an offence. Service providers are forbidden from relocating exam centers without permission, with penalties including fines up to 1 crore rupees and a four-year ban on conducting public examination. Additionally, if offences involve the complicity of service provider directors or senior management, they will be personally liable, facing imprisonment and substantial fines.

Distinct provisions address organized crime related to public examinations, imposing harsher penalties such as imprisonment between 5 to 10 years and fines of at least 1 crore rupees for individuals or groups engaging in such acts. Institutions found guilty may have their properties confiscated, and examination costs proportionately recovered.

All offences under the Bill are cognizable, non bailable, and non-compoundable. However, actions conducted with due diligence are exempt from prosecution. Investigation of offences will be carried out by officers of a certain rank, which the possibility of transfer to Central investigating agencies at the discretion of the central government.