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

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Author :- Arihant Chatterjee, 2 nd Year , BBA . LLB [ H ] , Sister Nivedita University, Newtown, Kolkata, West Bengal

Abstract

Public Examinations plays an important role in selection of eligible candidates for important positions and ranks both in the state and central levels . Hence prevention of any kind of unfair means such as cheating , fraud or misrepresentation becomes crucially important in eliminating any sort of malice involved in making a fair and rational selection , as well as to ensure parity and transparency in such selection . In recent times we have noticed that in many important public examinations unfair means have been used which has disrupted the picture and position of the public examinations in the eyes of the common people , and hence the Indian government in the enactment and implementation of the Public Examination ( Prevention Of Unfair Means ) Bill , 2024 . Through this legislative commentary my main focus is to concentrate on the purpose , features , scope , and impact of this aforesaid bill on the mentioned issue .

Introduction

What are Public Examinations ?

Ans :- Section 2 (k) of the Public Examination ( Prevention Of Unfair Means ) Act 2024 explains as any examination conducted by a public examination authority listed in the Act’s Schedule or by any other authority as notified by the Union Government .

The Union Government can add new authorities in the schedule through a notification as and when required .

The Schedule list includes the following :- Any public examination conducted by the :-

Union Public Service Commission
Staff Selection Commission
Railway Recruitment Boards
Institute Of Banking Personnel Selection
Ministries or Departments of the Union Government and their attached subordinate offices for staff recruitment
National Testing Agency
All Ministries or Departments of the Union Government and their attached and subordinate offices for staff recruitment
Any other authority as may be notified by the Union Government

Background Of The Above Stated Act :-

The Central Government on 21st June 2024 officially made an announcement for the implementation of the Public Examination ( Prevention Of Unfair Means ) Bill , 2024 . This act was passed by the both the houses of the Union Parliament on 9th February 2024 and it received the assent of the President of India on 12th February 2024 . Despite of the enactment of the said legislation the inordinate delay involved in its implementation gave rise to many questions and objections . This act came into force during the times of frequent leaks of public examinations on a regular basis which created a widespread tensions across the country . The latest Neet – UG Examination question paper leak case of 2024 created a chaotic situation among the candidates who appeared for the said exam in the year of 2024 . As a consequence the said exam was cancelled by the NTA .

Aims and Objectives Of The Act :-

Some of the aims and objectives of the above mentioned act are listed below :-

It ensures transparency and parity in conducting of public examinations
It makes sures that the candidates are not involved in any kind of malice or wrongful activity which can effect their candidature in that particular public examination
It seeks to maintain a clear picture of the dignity and reputation of public examinations in the eyes of the common people
It attempts to recruit suitable candidates by a strict implementation of rules and regulations and close monitoring of illegal means during the examination period
It makes sures the strict penalties are imposed on the offenders using or involved in illegal means to resist the possible repetition of such offences in the near future

Key Provisions Of The Act

Unfair Means :- Sec . 3 of the above mentioned act defines unfair actions . This Section provides a list of certain actions which constitutes to unfair means in public examinations . These actions are listed as follows :-

Leakage of Question Papers or Answer Keys :- Unauthorized release of exam papers or answer keys before the postponed exam .

Collusion for Leakage :- Collusion with others in leaking exam material .

Unauthorized Access to Examination Materials :- Unauthorized possession or access of question papers , OMR response sheets , or other private exam documents .

Providing Unauthorized Solutions :- Any external party looking to transmit answers to candidates during the exam .

Unauthorized Facilitation of Candidates :- Giving aid to candidates by any means that tarnish exam norms .

Interference with Answer Sheets :- Manhandling or spoiling answer sheets , including OMR response sheets , after the examination .

Unauthorized Test Modification :- Unauthorized alterations in the test or marking of examination papers .

Neglect of Examination Norms :- Willful non-compliance with guidelines drawn by the central government .

Document Manipulation :- Manipulation of documents related to the examination process, such as merit lists and rankings .

Security Breaches :- Deliberate actions that compromise examination center security .

Tampering with Computer Systems :- Hacking or unauthorized intrusion into computer systems used in conducting exams .

Tampering with Examination Arrangements :- Unauthorized modification of seating plans , shifts , or examination schedules for facilitating cheating .

Threats and Obstruction :- Threatening or hindering individuals involved in the examination process .

Cyber Crimes :- Generation of fictitious websites for misleading candidates, obtaining money dishonestly without doing something in return, or creating false examinations .

Conspiracy for Unfair Means :- Under Sec . 4 of the act any person , group , or institution who engage in conspiracy of unfair means shall be prosecuted under this section . It recognizes organized examination fraud as a serious offence .

Disruption to Conduct of Public Examinations :- Under Sec . 5 of the act certain acts have been classified and considered to be amounting to Disruption to Conduct of Public Examinations . They are listed as follows :-

Unauthorized Entry :- It prevents unauthorized individuals from entering exam centers with the intention of disrupting the exam process .

Premature Access of Question Papers :- Prevents authorized personnel from opening or distributing question papers before the formal start .

Unauthorized Release of Confidential Information :- Prevents exam officials from releasing confidential papers for personal gain .

Disclosure of Confidentiality :- Prevents giving away confidential information except for use in official duties .

Reporting and Accountability :- Under Sec . 6 of the act it forces service providers and exam authorities to report every incidence of malpractices to the police .Where malpractice is found by a service provider , such should be brought to the attention of law-enforcement agencies .

Restrictions on Examination Venues :- Under Sec . 7 of the act it states that these examinations can be conducted only in centers that are accredited by the public examination body . Exceptions provided for force majeure situations (events beyond will or control) .

Liability of Service Providers and Officials :- Sec . 8 of the act specifies certain liabilities of the service providers and examination officials . These liabilities are listed as follows :-

Unauthorized Aid :- The service providers or service provider officials are not entitled to provide support to a candidate or an in-charge official in unauthorized ways .

Failure to Disclosure Malpractices :- All the service providers should disclose any malpractices ascertained by them; non-disclosure amounts to an offence punishable under the law .

Officer-on-Behalf Duty :- Senior officers of institutions dealing with examination malpractices might be held accountable personally .

Punishments and Legal Penalties under Public Examinations (Prevention of Unfair Means) Act , 2024 :-

The Act prescribes severe penalties to deter individuals and organizations from engaging in unfair means during conducting public examinations . This includes the following :-

General Offences (Sections 9 & 10 (1) ) :- Any individual resorting to unfair means shall be punished with imprisonment for a term of 3 years and which may extend to 5 years along with fine upto 10 lakhs .

Punishment for the offence committed by Service Provider ( Section 10 (2) ) :- The service provider shall be liable to be punished with imposition of fine up to one crore rupees and corresponding cost of examination shall also be recovered from such service provider and he shall also be debarred from being entrusted with any work for the conduct of any public examination for a period of four years .

Liability of the Senior Management ( Section 10 (3) ) :- Where during the process of investigation it is found that offence under this Act has been occasioned with the connivance or consent of any Director , Senior Management or persons in-charge of the service provider firm , he shall be punishable with imprisonment for a term not below three years but which may extend to ten years and also with fine of one crore rupees . In case of default of payment of fine, an additional punishment of imprisonment shall be inflicted under the terms of the Bharatiya Nyaya Sanhita , 2023 . Subject to the proviso that until the coming into operation of the Bharatiya Nyaya Sanhita, 2023, the provisions of the Indian Penal Code , shall be applicable in place of the said Act .
Organised Crimes ( Section 11 (1) ) and involvement of institutions in the commission of Organised Crime ( Section 11 (2) ) :- i) Where an individual or group of individuals including examination authority or service provider or other institution indulges in organized crime , he will be punished by imprisonment for not less than five years but extending to ten years and with a fine which shall not be below one crore rupees . In lieu of payment of fine , an additional punishment of imprisonment shall be awarded under the provisions of the Bharatiya Nyaya Sanhita, 2023 . Subject to the coming into operation of the Bharatiya Nyaya Sanhita, 2023, the provisions of the Indian Penal Code , shall be applied in lieu of the said Act .

ii) If any institution is involved in the commission of an organized crime , its assets will be liable to attachment and forfeiture and examination expenses proportional to it will be recovered as well .

Advantages Of The Act

The passing of the bill is concurrent with the candidate’s psychological well-being , social and political well-being . The legislation acts to provide greater transparency , fairness and credibility .

Society is built upon a foundation of trust . If there are cases of cheating and individuals are wrongly accused , people begin to lose their faith in the government , leading to a lack of trust . On the contrary , upholding the integrity of public examination bodies ensures confidence in institutions . In addition, encouraging a culture of integrity and excellence by such a measure has social returns . Individuals thus begin appreciating merit more and have greater respect for it . Such arguments uphold the significance of the bill , particularly in the legal circle .

Passage of this bill ensures that candidates’ efforts are not in vain . Encouraging the rise of committed officials . When individuals are selected by merit , their commitment to serving the public is enhanced , resulting in the delivery of quality services to the public .
Conversely , students chosen by discriminatory malpractices do not possess the requisite competence and integrity required for the job , to which they resort to corruption as a means to recoup their investment . This weakens the bureaucracy as well as demoralizes public faith in the system . Legally , the bill safeguards the efforts of the students by stipulating that justice trumps such obstructionist malpractices , instituting fairness within the examination process as well as strengthening its integrity .

Disadvantages Of The Act

While the passage of the bill is a significant achievement , it should not be forgotten that legislation itself cannot be the complete solution . Its utility is contingent on its enforcement . A multifaceted approach has to be taken towards checking such practices . In the states of Bihar and Uttar Pradesh have each of their own anti-cheating laws . The effectiveness of these legislations has been in doubt. Leaks of papers need to be viewed as carefully planned offenses and not isolated incidents . That’s the problem of the system . The bureaucrats concerned must remain on their job ; otherwise, even the most good and greatest legislations will turn out to be in vain .

The bill does not give a timeline of a kind for re – examinations . If that is prolonged , many applicants will not come for their second attempt .

Other than this , it is essential to identify the hidden motives behind such actions . Eliminating the intention will also ensure it becomes easy to attain the act’s objectives . As discussed earlier , students are drawn to such activities due to vulnerability to parental as well as social pressure , together with aspirations larger than themselves .

These root causes need to be addressed . Efforts should not be priority , but results . All measures adopted by the legislature are meant to cure a social ill caused by innate frailties and structural deficiencies . Thus , the impact of law should not be narrowly construed in a legalistic way alone , but through a holistic process towards containing the root causes leading to such activities .

Significance Of The Public Examination ( Prevention Of Unfair Means ) Bill , 2024

Maintains Equity :- It offers a strong disincentive to fraud in examination and contributes to public examination integrity .
Legal Framework for Accountability :- It clearly articulates obligations and consequences for institutions and individuals .
Cybersecurity Measures :- It addresses new threats in the field of computer – based testing and online testing .
Protects Aspirants’ Interest :- It provides legal protection to students who rely on competitive exams for professional and academic advancement .
Stringent Institutional and Corporate Accountability :- It attributes accountability to exam providers for their participation in administering exams .

Conclusion

The Public Examinations ( Prevention of Unfair Means ) Act , 2024 is an important legislative measure to monitor malpractices in India’s examination process . With its stringent provisions and draconian penalties , the act tries to create a robust deterrent against unfair means . But its effectiveness hinges on effective implementation , robust monitoring , and a change in culture towards right conduct during examinations . Co-ordination among central government and states is needed to develop a single set of rules responding to the needs of a local situation . Ultimately , the act must form part of an overall process consisting of technological input and administrative actions to ensure ultimate success .

Reference