The Public Examinations (Prevention of Unfair Means) Act, 2024
π Public Examinations (Prevention of Unfair Means) Act, 2024
π· 1. Background and Objective
The Public Examinations (Prevention of Unfair Means) Act, 2024 was enacted by the Parliament of India to curb the growing menace of cheating, paper leaks, impersonation, and organized malpractices in public recruitment and entrance examinations.
π― Key Objectives:
Deter organized cheating rackets and exam leaks.
Protect the integrity of public examinations.
Ensure fairness and credibility in recruitment and admissions.
Penalize individuals and institutions involved in exam-related crimes.
This law was brought in response to repeated exam paper leaks and cheating scandals in major public exams like UPSC, SSC, NEET, CUET, and State Public Service Commissions, which affected lakhs of candidates.
π· 2. Scope and Applicability
β Applies to:
All public examinations conducted by:
Union Public Service Commission (UPSC)
Staff Selection Commission (SSC)
Railway Recruitment Board (RRB)
Institute of Banking Personnel Selection (IBPS)
National Testing Agency (NTA)
State Public Service Commissions
Any Central or State Government examination authority
β Does not apply to:
Internal school or university examinations unless designated as public.
π· 3. Key Definitions (Section 2)
Unfair Means: Includes:
Leakage of question papers
Impersonation
Bribery for exam manipulation
Tampering with documents or answer sheets
Using unauthorized devices
Facilitating cheating via coaching centres or syndicates
Public Examination: Any examination for recruitment or admission conducted by government or authorized agency.
π· 4. Offences and Penalties (Sections 3β10)
A. Cheating and Impersonation (Section 3)
Using unfair means, impersonating another candidate, or helping others cheat.
Punishment:
Imprisonment up to 3 years
Fine up to βΉ10 lakh
B. Organized Exam Malpractices (Section 4)
Organized rackets, exam paper leaks, tampering with computer systems.
Punishment:
Imprisonment: 5β10 years
Minimum fine: βΉ1 crore
C. Institutional Involvement (Section 5)
If a coaching centre, school, or any institution is involved in unfair means:
Registration can be cancelled
Assets can be seized
Criminal liability imposed on responsible persons
D. Attempt and Abetment (Section 6)
Even an attempt to leak or help in cheating is punishable.
E. Corporate/Organized Crime (Section 7)
When companies or organized syndicates are involved:
Fines up to βΉ1 crore
Responsible officials are criminally liable
π· 5. Investigation and Trial Provisions
Offences are cognizable, non-bailable, and non-compoundable.
Investigation must be completed within 6 months.
Special fast-track courts may be designated for speedy trials.
π· 6. Protection for Genuine Candidates (Section 9)
No candidate shall be punished unless it is proved that they:
Knowingly participated in fraud.
Gained unlawful benefit.
This protects innocent students who may be affected by leaks without their knowledge.
βοΈ 7. Legal Principles and Relevant Case Law
While the 2024 Act is new and has not yet led to major court decisions, related judicial precedents under constitutional and criminal law apply.
π A. Right to Fair and Equal Opportunity
Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad (2021 SC)
The Supreme Court held that selection processes must be fair and credible.
Even a small irregularity affects Article 14 (equality before law).
This principle supports the Actβs aim to prevent fraudulent recruitment.
π B. Cancellation of Exams Due to Leaks
Yashpal v. State of Chhattisgarh (2005)
Court upheld cancellation of exam results after detection of widespread cheating.
Justified on grounds of public interest and fairness.
π C. Doctrine of Proportionality
In Maneka Gandhi v. Union of India (1978), the Supreme Court established that penalties must be fair and proportionate.
The Act reflects this by:
Providing higher penalties for organized crimes.
Protecting innocent candidates unintentionally affected.
π D. Institutional Liability
Iridium India Telecom v. Motorola (2010)
Supreme Court held that corporate bodies can be held criminally liable.
This supports the punishment of coaching centres or private companies involved in exam fraud under the 2024 Act.
π· 8. Constitutional Backing
Article 14 β Right to equality: Ensures fair competition.
Article 16 β Equality in public employment: No unfair advantage allowed.
Article 21 β Right to fair process: Protects candidates from unjust cancellations.
π· 9. Expected Impact
| Area | Impact |
|---|---|
| Students | Increased confidence in fairness of exams |
| Exam Authorities | Greater accountability and legal backing |
| Organized Cheating Networks | Strong deterrence through high penalties |
| Coaching Institutions | Higher scrutiny and legal consequences |
π 10. Summary Table
| Feature | Description |
|---|---|
| Year Enacted | 2024 |
| Applies To | All major public exams (UPSC, SSC, NEET, etc.) |
| Key Offences | Cheating, impersonation, leaks, tampering |
| Penalty for Organized Crime | 5β10 years + βΉ1 crore fine |
| Penalty for Individuals | Up to 3 years + βΉ10 lakh fine |
| Corporate Liability | Applicable |
| Protection for Candidates | Yes, unless proven guilty |
| Investigation Timeline | 6 months |
| Trial | Fast-track courts may be set up |
π Conclusion
The Public Examinations (Prevention of Unfair Means) Act, 2024 is a timely and necessary legislative response to the increasing problem of exam malpractice in India. It adopts a strong deterrent framework to uphold the integrity of public recruitment and admissions, while ensuring protection for innocent candidates. The success of the Act will depend on strict enforcement, swift trials, and transparent procedures by both central and state authorities.
RELATED Blog
0 comments