New act to combat exam cheating enforced from June 21
New Delhi: The Union Government has announced that the Public Examinations (Prevention of Unfair Means) Act, 2024 will be enforced starting June 21. Despite being passed by Parliament on February 9, 2024, and receiving presidential assent on February 12, 2024, the Act had not been implemented due to the lack of an official notification. The Ministry of Personnel, Public Grievances and Pensions issued a statement yesterday confirming the enforcement date, stating, “Under the powers granted by sub-section (2) of Section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June, 2024 as the date on which the provisions of the said Act shall come into force.”
The Act aims to curb malpractices in public examinations, with provisions for punishing offenses such as leaking question papers or answer keys, unauthorized assistance to candidates, and tampering with computer systems used in exams. Both individuals and institutions found engaging in these activities will face penalties. This notification arrives amid numerous complaints about paper leaks in the NEET-UG 2024 exam and the recent cancellation of the UGC-NET exam due to similar issues. It is important to note that the Act will not apply retroactively to incidents that occurred before June 21.
According to the Act, "unfair means" encompasses: (i) unauthorized access or leakage of exam materials, (ii) assisting candidates during exams, (iii) tampering with computer networks or resources, (iv) altering documents related to the merit list or rankings, and (v) conducting fake exams or issuing fraudulent admit cards or offer letters for financial gain.
Violations under the Act will result in imprisonment ranging from three to five years and fines up to ₹10 lakh. Service providers involved in conducting public examinations will also face penalties, including fines up to ₹1 crore and reimbursement of examination costs. A "service provider" is defined by the Act as any entity, including agencies, organizations, associations, businesses, companies, partnerships, or sole proprietorships, along with their associates and subcontractors, engaged by the public examination authority to facilitate the conduct of exams.
