SRINAGAR: In a significant move aimed at curbing rampant malpractices in government recruitment examinations, the Lok Sabha on February 6, passed the Public Examinations (Prevention of Unfair Means) Bill, 2024. The bill, piloted by Union Minister Jitendra Singh, seeks to crack down on issues such as paper leaks and tampering with exam documents, imposing stringent penalties including imprisonment of up to ten years and fines of up to Rs 1 crore.
During the debate, which saw active participation from about 15 MPs, Minister of State in the Prime Minister’s Office Jitendra Singh emphasised the importance of providing a level playing field and protecting the integrity of examinations. He highlighted the necessity for a separate legislation, citing deficiencies in existing laws such as the Bharatiya Nyay Sanhita (BNS).
The need for such legislation was further underscored by instances of paper leaks in government recruitment exams across various states, including Rajasthan and Telangana, as highlighted by recent investigations. According to reports, over the past five years, there have been 41 documented cases of leaks affecting millions of applicants involving 14 million applicants.
The Bill specifically targets unfair means in public examinations conducted by various authorities, including the Union Public Service Commission, Staff Selection Commission, Railway Recruitment Board, and others. It defines offences such as unauthorized access to question papers, tampering with documents, and conducting fake examinations. Punishments include imprisonment, fines, and penalties for service providers involved in facilitating malpractices.
While the Bill received support from many quarters, concerns were raised regarding its potential misuse and the need for preventive measures. However, Minister Jitendra Singh reiterated that the focus is on deterring malpractices and safeguarding the interests of deserving candidates.
The passage of the Public Examinations (Prevention of Unfair Means) Bill marks a significant step towards ensuring the integrity and credibility of government recruitment examinations. The bill will now be presented in the Rajya Sabha and subsequently sent for Presidential assent before becoming law. As the nation grapples with the challenge of maintaining transparency in examinations, this legislative initiative aims to restore trust and uphold the sanctity of the examination process.
The bill prohibits disclosing exam-related confidential information before time and unauthorised people from entering exam centres to create disruptions. These offences will be punishable with imprisonment between three and five years, as well as a fine up to Rs 10 lakh.
The Bill provides that an offence by a service provider (an organisation that provides computer resources or any other support to a public examination authority) will be punishable with a fine of up to one crore rupees.
It also provides that in cases of organised crime related to public examinations, punishment will include imprisonment between five and 10 years, and a fine of at least Rs 1 crore.
All offences under the Bill will be cognisable, non-bailable and non-compoundable.
Under this bill, students who take competitive exams in good faith (i.e., they do not knowingly seek to profit from cheating) will not be targeted. However, those who leak exam papers or tamper with answer sheets, by colluding with officials will face up to 10 years in jail and a fine of Rs 1 crore.
“Significantly, all offences under this bill shall be cognisable, non-bailable, and non-compoundable, meaning police will be empowered to act on its own (and arrest suspects without a warrant), the accused will not be entitled to bail, and the alleged offences cannot be settled via compromise,” a newspaper report said.
