Introduction of the Public Examinations (Prevention of Unfair Means) Act, 2024
The Central Government of India has introduced the Public Examinations (Prevention of Unfair Means) Act, 2024, aimed at addressing the prevalent issue of unfair practices in public examinations. This new legislation, effective from June 21, 2024, seeks to curb activities such as leaking question papers, tampering with answer sheets, manipulating seating arrangements, creating fake websites to cheat, and conducting fake exams. The law aims to ensure the integrity of public examinations by implementing stringent penalties for those involved in such malpractices.
Legislative Journey of the Act
The legislative journey of this Act began when it was introduced in the Lok Sabha on February 5, 2024. It was passed by the Lok Sabha the following day and by the Rajya Sabha on February 9, 2024. The Bill received Presidential assent on February 12, 2024. The Act was officially notified in the Official Gazette by the Central Government on June 21, 2024, thus marking its formal implementation.
Context and Background
The introduction of this Act comes amidst nationwide controversies and concerns regarding malpractices in significant public exams such as the National Eligibility cum Entrance Test (NEET) for undergraduate medical college admissions. Similar issues led to the cancellation of the University Grants Commission–National Eligibility Test (UGC-NET) recently. These instances highlighted the need for a robust legal framework to address and deter unfair practices in public exams.
Key Provisions and Penalties
The Public Examinations (Prevention of Unfair Means) Act, 2024, categorizes all offences under it as cognizable, non-bailable, and non-compoundable. Individuals found using unfair means in public exams can face imprisonment ranging from 3 to 5 years, along with fines up to ₹10 lakh. Service providers responsible for conducting the exams can be fined up to ₹1 crore, with additional penalties including the recovery of the proportionate costs of the exams and a four-year ban from conducting any public exams.
Senior officials of the service providers, such as Directors and Senior Management, if found complicit in facilitating unfair practices, face imprisonment from 3 to 10 years and fines up to ₹1 crore. Additionally, in cases involving organized crime related to public exams, the offenders can face imprisonment from 5 to 10 years and fines of at least ₹1 crore. Non-payment of fines will result in further imprisonment as per the Bharatiya Nyaya Sanhita, 2023. Until the Bharatiya Nyaya Sanhita is enacted, the provisions of the Indian Penal Code (IPC) will apply.
Implications and Enforcement
The implementation of the Public Examinations (Prevention of Unfair Means) Act, 2024, is expected to significantly impact the conduct of public exams by deterring malpractices through stringent penalties. The Act ensures that those involved in unfair practices, whether individuals or entities, face severe consequences, thus promoting the integrity and credibility of public examinations. The Act also highlights the government's commitment to maintaining transparency and fairness in the education system.
Conclusion
The Public Examinations (Prevention of Unfair Means) Act, 2024, marks a significant step towards curbing unfair practices in public examinations in India. By imposing strict penalties and ensuring stringent enforcement, the Act aims to uphold the sanctity of public exams and protect the interests of genuine candidates. The successful implementation of this Act will be crucial in restoring trust and credibility in the public examination system, thereby ensuring a fair and just educational environment.
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