Public Examinations (Prevention of Unfair Means) Bill, 2024

Source: PIB
GS II: Governance

Overview

Why in the News?

The Lok Sabha passed The Public Examinations (Prevention of Unfair Means) Bill, 2024

Aimed at curbing leaks and malpractices and organising malpractices in recruitment examinations like UPSC, SSC, etc., and entrance tests such as NEET, JEE, and CUET.

The matter is above politics and there is no difference of opinion among members of the House.
The Bill is aimed at curbing corrupt practices by a few unscrupulous elements that play havoc with the future of our youth, destroying their careers and aspirations and occasionally resulting in fatal suicides

Earlier, initiating discussion in the house on the Bill, the Union Minister of State (Independent Charge) Science & Technology said, one after another we have witnessed incidents of malpractices, paper leak, impersonation etc from various parts of the country.
In Rajasthan, there have been 12 incidents of malpractice since 2018.
Sub-Inspector Recruitment scam surfaced in Jammu & Kashmir in March 2022 and SSC Combined Graduate Exam in 2017.
in West Bengal, the Diploma in Elementary Education paper in November 2022 was leaked, and again in the same state in February 2023, an English paper leaked besides the School Service Commission, West Bengal also leaked.
In December 2022 Teacher Recruitment Scam unravelled in Rajasthan while in February 2022 the Rajasthan Eligibility Exam for Teachers was also plagued by malpractices and the exam had to be re-conducted.
In May 2022 Rajasthan Police Constable Recruitment Exam was hit by a scam.

Prevention of Unfair Means Bill, 2024 will also cover entrance examinations held by the Union Public Service Commission, the Staff Selection Commission, the Railways, banking recruitment examinations and all computer-based examinations conducted by the National Testing Agency.

Public examinations refer to examinations conducted by authorities specified under the Schedule to the Bill or notified by the central government.
These include
1. Union Public Service Commission,
2. Staff Selection Commission
3. Railway Recruitment Board
4. National Testing Agency
5. Institute of Banking Personnel Selection
6. Departments of the central government and their attached offices for recruitment.

Unauthorised access or leakage of question paper or answer key
Assisting a candidate during a public examination
Tampering with computer networks or resources
Tampering with documents for shortlisting or finalising of merit list or rank
Conducting fake examinations, issuing fake admit cards or offer letters to cheat, for monetary gain
Also prohibits
- Disclosing exam-related confidential information before the time
- Unauthorised people from entering exam centres to create disruptions

The above offences will be punishable with imprisonment between three and five years, and a fine up to Rs 10 lakh.
Service providers
- A service provider is an organisation that provides computer resources or any other support to a public examination authority.
- An offence by a service provider will be punishable with a fine of up to one crore rupees.
- The proportionate cost of examination will also be recovered from such a service provider.
- Further, they will also be barred from conducting public examinations for four years.
Officials
- Service providers were committed with the consent or connivance of any Director, senior management, or persons in charge of the service providers, such persons will be held personally liable.
- They will be punished with imprisonment between three years and 10 years, and a fine of one crore rupees.
Organised crimes
- Definition: An unlawful act committed by a person or a group of persons to further a shared interest for wrongful gain about public examinations.
- Persons committing an organised crime will be punished with imprisonment between five years and 10 years, and a fine of at least one crore rupees.
- Suppose an institution is held guilty of committing an organised crime. In that case, its property will be attached and forfeited, and a proportionate cost of the examination will also be recovered from it.

All offences under the Bill will be cognisable, non-bailable, and non-compoundable.
No action will count as an offence if it is proved that the accused had exercised due diligence.
An officer not below the rank of Deputy Superintendent or Assistant Commissioner of Police will investigate the offences under the Act.
The central government may transfer the investigation to any central investigating agency.

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