THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) BILL, 2024

Why in News?                                                                                                        

The Lok Sabha passed ‘The Public Examinations (Prevention of Unfair Means) Bill, 2024’ aimed at curbing leaks, malpractices as well as organised malpractices in recruitment examinations like UPSC, SSC etc and entrance tests such as NEET, JEE, and CUET.

What is The Public Examinations (Prevention of Unfair Means) Bill, 2024’?

• Section 3 of the Bill lists at least 15 actions that amount to using unfair means in public examinations “for monetary or wrongful gain”.
• These acts include: “leakage of question paper or answer key or part thereof” and colluding in such leakage; “accessing or taking possession of question paper or an Optical Mark Recognition response sheet without authority”; “tampering with answer sheets including Optical Mark Recognition response sheets”; “providing solution to one or more questions by any unauthorised person during a public examination”, and “directly or indirectly assisting the candidate” in a public examination.
• The section also lists “tampering with any document necessary for short-listing of candidates or finalising the merit or rank of a candidate”; “tampering with the computer network or a computer resource or a computer system”; “creation of fake website” and “conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain” as illegal acts.
• Under Section 2(k), a “public examination” is defined as any examination conducted by a “public examination authority” listed in the Schedule of the Bill, or any “such other authority as may be notified by the Central Government”.
• The schedule lists five public examination authorities: (i) the Union Public Service Commission (UPSC), (ii) the Staff Selection Commission (SSC), (iii) the Railway Recruitment Boards (RRBs), (iv) the Institute of Banking Personnel Selection (IBPS) (v) National Testing Agency (NTA).
• Apart from these designated public examination authorities, all “Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff” will also come under the purview of the new law.
• The central government can add new authorities in the schedule through a notification as and when required.
• Section 9 of the Bill states that all offences shall be cognizable, non-bailable, and non-compoundable.
• Punishment for “any person or persons resorting to unfair means and offences” can be three to five years in prison, and a fine up to Rs 10 lakh.