The Rajya Sabha on Friday passed the Public Examinations (Prevention of Unfair Means) Bill, 2024.The Bill was introduced by in Lok Sabha on February 5 before being passed the next day.The text of the Bill says that it aims "to prevent unfair means in the public examinations and to provide for matters connected therewith or incidental thereto."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 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.The Bill covers several unfair activities in public exams such as leaking question papers, tampering with answer sheets, manipulating seating arrangements, creating fake websites to cheat for monetary gain and conducting fake exams.The proposed legislation makes all offences cognizable, non-bailable and non-compoundable. Those using unfair means in public exams may be imprisoned for 3-5 years and fined up to ₹10 lakh. Exam providers may be fined up to ₹1 crore.Candidates, as defined in the Bill, are exempt from its provisions and remain under the public examination authority's administrative rules.The Bill increases penalties for specific offences including imprisonment for up to 10 years for certain individuals in responsible positions found to have consented to exam rigging.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 cases involving organized crime where individuals or group including the examination authority, service provider or any institution are involved, the Bill mandates a minimum 5-year imprisonment and extendable to ten years and also a fine of no less than ₹1 crore.Failure to pay the fine will result in additional imprisonment, as per the Bharatiya Nyaya Sanhita, 2023. Until the Bharatiya Nyaya Sanhita is enacted, the Indian Penal Code (IPC) will apply.
TAGS: Rajya Sabha Public Examinations Bill 2024 unfair means exam malpractices legislation penalties exam rigging question paper leaks tampering criminal offenses fine imprisonment
