Law Punishing Paper Leak & Unfair Means In Public Exams Takes Effect From June 21

The Union Government has notified that the Public Examinations (Prevention of Unfair Means) Act, 2024 will come into operation with effect from June 21.

Though the Act was passed by the Parliament on February 9, 2024, and received the President's assent on February 12, 2024, it had not taken effect since the Government did not notify it. Yesterday, the Ministry of Personnel, Public Grievances and Pensions issued a notification stating, “In exercise of the powers conferred 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 provides punishments for “leakage of question paper or answer key”, “directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination” and “tampering with the computer network or a computer resource or a computer system”. Apart from individuals, institutions engaging in such activities are also liable to punishments.

It is pertinent to note that the notification has come amidst widespread complaints regarding paper leak in the NEET-UG 2024 exam. The recently conducted UGC-NET exam was also cancelled recently following paper leak. However, it is to be noted that the Act will not have retrospective application to events prior to June 21.

"Unfair means", as per the Act includes: (i) unauthorized access or leakage of question paper or answer key, (ii) assisting a candidate during a public examination, (iii) tampering with computer network or resources, (iv) tampering with documents for shortlisting or finalizing of merit list or rank, and (v) conducting fake examination, issuing fake admit cards or offer letters to cheat, for monetary gain.

Any person or persons resorting to unfair means and offences under the Act shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to ₹10 lakh.

A service provider, engaged by the public examination authority for conduct of examinations, shall also be liable to be punished with imposition of a fine up to ₹1 crore and proportionate cost of examination shall also be recovered from it. 

"Service provider" is defined as any agency, organisation, body, association of persons, business entity, company, partnership or single proprietorship firm, including its associates, sub-contractors and provider of support of any computer resource or any material, by whatever name it may be called, which is engaged by the public examination authority for conduct of public examination.