The Public Examinations (Prevention of Unfair Means) Act, 2024: What You Need to Know

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The Centre has notified the rules to implement The Public Examinations (Prevention of Unfair Means) Act, 2024, which was passed by Parliament in February. The Act became effective on June 21, after being published in the official gazette.

The Ministry of Personnel, Public Grievances, and Pensions has outlined a framework to prevent cheating in public examinations. This includes appointing Centre Coordinators, venue in-charges, and Regional Officers.

The government faced pressure from the opposition and protesting students nationwide after postponing exams like UGC-NET, CSIR UGC NET, and NEET PG. The CBI is investigating a NEET UG paper leak in Bihar.

The Public Examinations (Prevention of Unfair Means) Act, 2024 - PDF Download

Key Provisions of the Rules

Computer-Based Test (CBT)

The rules specify parameters for Computer Based Tests (CBT) covering candidate registration, centre allocation, admit cards, question paper distribution, answer evaluation, and final recommendations.

Question Paper Handling: Papers will be downloaded from the main server to local servers at exam centres, then digitally transferred to candidates' computers.
National Recruitment Agency: This agency will develop norms, standards, and guidelines for CBTs, which will cover infrastructure, registration, seating layout, computer and network setup, candidate check-in, security, question paper handling, invigilation, and post-exam activities.

Centre Coordinator

A Centre Coordinator will be appointed for public examinations. This role can be filled by serving or retired employees of the Central Government, State Government, public sector undertakings, banks, universities, autonomous bodies, and other government organizations. The Centre Coordinator ensures compliance with exam norms, standards, and guidelines and coordinates activities with service providers.

Public Examination Authorities

The Act defines a "public examination" as any exam conducted by designated authorities. These include:

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 add new authorities as needed. Candidates are defined as those permitted to appear in exams or act as scribes.

Unfair Means

Section 3 of the Act lists actions considered unfair means, such as:

Leaking or accessing question papers or answer sheets without authority
Tampering with answer sheets or documents
Providing unauthorized solutions during exams
Creating fake websites, conducting fake exams, issuing fake admit cards or offer letters

The rules provide a framework for reporting cheating incidents. Venue in-charges must report incidents to Regional Officers, who will determine if a First Information Report (FIR) is needed.

The ongoing controversy over alleged paper leaks would appear to provide an obvious justification for such an Act, and future incidents of the use of unfair means in examinations will be prosecuted under the provisions of the law.

There have been a very large number of cases of question paper leaks in recruitment exams across the country in recent years — an investigation by The Indian Express had found at least 48 instances of paper leaks in 16 states over the last five years, in which the process of hiring for government jobs was disrupted. These leaks touched the lives of at least 1.51 crore applicants for about 1.2 lakh posts.

The Statement of Objects and Reasons of the Bill said: “Malpractices in public examinations lead to delays and cancellation of examinations, adversely impacting the prospects of millions of youth. At present, there is no specific substantive law to deal with unfair means adopted or offences committed… It is imperative that elements that exploit vulnerabilities of examination system are identified and effectively dealt with by a comprehensive Central legislation.”

The Statement added: “The objective of the Bill is to bring greater transparency, fairness and credibility to the public examination systems and to reassure the youth that their sincere and genuine efforts will be fairly rewarded and their future is safe.

The new law, which provides for fines of Rs 1 crore and up to 10 years in prison, is also expected to serve as “a model draft for States to adopt at their discretion”.

Rationale for the Law

The ongoing controversy over paper leaks justifies the need for this Act. Future cheating incidents in exams will be prosecuted under the new law.

Investigations by The Indian Express revealed at least 48 instances of paper leaks in recruitment exams across 16 states over the last five years. These leaks disrupted hiring for government jobs, affecting 1.51 crore applicants for about 1.2 lakh posts.

Statement of Objects and Reasons

The Bill's Statement of Objects and Reasons highlights the impact of malpractices in public exams:

Delays and Cancellations: Cheating leads to exam delays and cancellations, hurting millions of young people's prospects.
Lack of Existing Law: There was no specific law to address cheating in exams.
Need for Comprehensive Legislation: It's essential to identify and deal with those exploiting exam system vulnerabilities through central legislation.

The objective of the Bill is to bring greater transparency, fairness, and credibility to public examination systems. It aims to reassure the youth that their sincere and genuine efforts will be fairly rewarded and their future is safe.

The new law provides for fines up to Rs 1 crore and imprisonment up to 10 years. It is also intended to serve as a model for states to adopt.

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