Q.What are the aims and objects of recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University / State Education Board examinations, too, are covered under the Act?

Body Analysis

The Public Examination (Prevention of Unfair Means) Act, 2024 was enacted to protect the credibility and sanctity of public examinations in India. Amidst rising instances of paper leaks and organized cheating—with reports indicating at least four major paper leaks in 2024 alone—this legislation provides a stringent legal framework to deter malpractices and ensure merit-based selections.

Aims and Objectives of the Act

• Preserving Academic Integrity:
  • The primary objective is to safeguard public examinations from manipulative practices that compromise fairness.
  • Key Provision: All offenses under this Act are classified as cognizable, non-bailable, and non-compoundable, ensuring severe legal consequences for violators.
• Standardizing Examination Protocols:
  • The Act seeks to establish uniform guidelines for conducting examinations across various central agencies.
  • Key Provision: Section 3 of the Act explicitly identifies 15 distinct actions—such as unauthorized access to question papers and tampering with computer networks—as "unfair means."
• Providing a Robust Legal Framework:
  • It institutes strict penal provisions to deter organized syndicates and individuals from engaging in exam malpractices.
  • Key Provision: Investigations under the Act must be conducted by high-ranking officers, specifically not below the rank of Deputy Superintendent of Police (DySP) or Assistant Commissioner of Police (ACP).
• Promoting Transparency and Fairness:
  • The Act mandates measures like random invigilation and spot checks to ensure a level playing field for all candidates.
• Empowering Examination Authorities:
  • It grants statutory power to examination bodies to take decisive action against offenders.
  • Key Provision: Individuals found guilty of using unfair means face imprisonment of not less than three years (extendable to five years) and fines up to ten lakh rupees.
• Raising Awareness Through Educational Campaigns:
  • The Act encourages institutional outreach to educate students and administrators about the legal and ethical consequences of cheating.

Coverage Under the Act: Are University and State Board Exams Covered?

• No, the Act does not automatically or explicitly cover University or State Education Board examinations.
• The statutory provisions of the Act apply strictly to "public examinations" conducted by designated "public examination authorities" listed in its schedule. These scheduled authorities include:
  1. Union Public Service Commission (UPSC)
  2. Staff Selection Commission (SSC)
  3. Railway Recruitment Boards (RRBs)
  4. Institute of Banking Personnel Selection (IBPS)
  5. National Testing Agency (NTA)
• However, as per Section 2(k) of the Act, the Central Government retains the authority to notify and include any other examination body or university exam under the definition of a "public examination" as deemed necessary.