The Central government on Monday introduced the Public Examinations (Prevention of Unfair Means) Bill, 2024 in the Lok Sabha.The Bill was tabled by Union Minister of State for Personnel, Public Grievances and Pensions, Dr Jitendra Singh.According to the text of the Bill, it aims "to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto."Several activities have been included within the scope "unfair means relating to the conduct of a public examination" under the Bill.These include leakage of question papers or answer keys, tampering with answer sheets, manipulation of seating arrangements, creation of fake websites to cheat for monetary gain, and conduct of fake exams to cheat, among others.Under the proposed legislation, all offences will be cognizable, non-bailable and non-compoundable.Persons resorting to unfair means during a public examination may face imprisonment for 3-5 years along with a fine of up to ₹10 lakh. Moreover, the exam service provider will also be liable to a fine of up to ₹1 crore.However, it is clarified that a 'candidate' as defined in the Bill will not be liable for action under the Bill and shall continue to be covered under administrative provisions of the concerned public examination authority.The Bill imposes harsher penalties for some offences, including imprisonment of up to 10 years for certain individuals in responsible positions, if they are found to have consented to rigging the examination.Such persons include those in charge of the service provider firm (an entity engaged to conduct a public exam), directors, senior management, or anyone affiliated with a firm or institution overseeing an examination.In situations involving organized crime, where individuals or groups - including the examination authority, service provider, or any institution - are implicated, the Bill calls for a minimum imprisonment of 5 years, extendable to ten years, along with a fine of no less than ₹1 crore.If there is a default in the payment of the fine, an additional punishment of imprisonment will be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023.Until the Bharatiya Nyaya Sanhita is brought into force, the provisions of the Indian Penal Code (IPC) will be applicable, the Bill clarifies.The statement of objects and reasons of the Bill notes that malpractices in public examinations lead to delays and cancellation of examinations, adversely impacting the prospects of millions of youth.
It further points out that there is no specific law to deal with such unfair practices in public examinations.
"Therefore, it is imperative that elements that exploit vulnerabilities of examination system are identified and effectively dealt with by a comprehensive Central legislation," it says.
The text adds that 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.
"The Bill shall serve as a model draft for States to adopt at their discretion. This would aid States in preventing the criminal elements from disrupting conduct of their State level public examinations," it states.
TAGS: Public Examinations (Prevention of Unfair Means) Bill 2024 Lok Sabha Union Minister of State Personnel Public Grievances and Pensions Dr Jitendra Singh
