Ministry of Personnel, Public Grievances and Pensions
The Public Examinations (Prevention of Unfair Means) Act, 2024, was enacted to prevent unfair means in public examinations and to provide for matters connected therewith or incidental thereto. This act aims to address the growing concerns regarding malpractices and irregularities in public examinations. The Act does not specify a particular ministry; however, it falls under the purview of the Ministry of Education in India, as it deals with matters related to the conduct of public examinations.
Enactment Date, Number of Chapters, Number of Sections:
The Public Examinations (Prevention of Unfair Means) Act, 2024, was enacted on February 12, 2024. The Act is structured into 6 chapters and 19 sections, along with a schedule. These sections cover various aspects of unfair means, offenses, penalties, investigation, and miscellaneous provisions relating to public examinations.
Act Governed By:
The Act is primarily governed by the provisions outlined within its sections. It defines unfair means, specifies offenses, outlines penalties, and establishes procedures for investigation. The Act is also supplemented by rules framed by the Central Government.
On Whom It Is Applicable:
The Public Examinations (Prevention of Unfair Means) Act, 2024, is applicable to all public examinations conducted by the public examination authority as specified in the Schedule or as notified by the Central Government. It applies to candidates, persons involved in conducting the examinations, service providers, and any other person or institution involved in unfair means.
Penalties/Punishments:
The Act prescribes various penalties for different offenses, including:
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Imprisonment for a term not less than three years but which may extend to five years and fine up to ten lakh rupees for resorting to unfair means or committing offences under the Act.
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A fine of up to one crore rupees and proportionate cost of examination for service providers involved in unfair means.
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Imprisonment for a term not less than five years but which may extend to ten years and a fine of one crore rupees for organized crimes.
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Additional imprisonment in default of payment of fine.
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The Act also provides for the punishment of abetment of offences.
Important Pointers:
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The Act defines “unfair means” to include various acts of malpractices in public examinations.
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It specifies offenses related to leakage of question papers, collusion, unauthorized access, tampering with answer sheets, and other forms of cheating.
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The Act provides for penalties for candidates, service providers, and other persons involved in unfair means.
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It empowers officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police to investigate offenses under the Act.
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The Act emphasizes the importance of maintaining the integrity of the examination process.
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It provides for the protection of actions taken in good faith by public servants.
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The Central Government is empowered to make rules for carrying out the provisions of the Act.
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The Act also includes provisions for organized crimes and for offences relating to service providers.
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The Act aims to deter malpractices in public examinations and ensure fair opportunities for all candidates.
Act Copy: