In the wake of recent paper leak incidents, the central government has implemented the Public Examination (Prevention of Unfair Means) Act 2024 with the aim of controlling malpractices in recruitment and entrance exams. The Act is intended to enhance transparency and raise people’s trust in the examination system.
Recently, malpractices and paper leaks have surfaced in the NEET examination, which attracted criticism from the common public and opposition parties. Furthermore, the postponement of the UGC NET examination also raised concerns and reduced people’s trust in the public examination system. In the last five years, 48 incidences of paper leaks happened across 16 states, impacting the careers of crores of applicants.
Key provisions of the Act
- The Act covers examinations conducted by UPSC, SSC, IBPS, RRBs, RRBs, NTA and central government department and their offices.
- The Act forbids revealing any exam-related confidential information before the schedule of the exam. It also prohibits entry of unauthorised individuals into the examination centres.
- It has provisions for strict punishment for offenders, including 3 to 5 years of imprisonment and a monetary fine of up to 10 lakh in case of organised crime.
- Punishment also includes a fine of up to Rs 1 crore to the service provider or firm engaged in the examination process.
- The offences under Section 9 of the Act are cognizable (police can arrest without a warrant), non-bailable (bail is not guaranteed) and non-compoundable (cannot be settled without a trial in a court).
- The Act also includes a provision regarding the creation of the National Technical Committee (NTC) to strengthen IT security related to an examination.
- The Act will serve as a model draft for states which can implement it at their discretion.
Concerns associated with the Act
- The Act gives discretion to state governments to draft their own acts. This may cause variations in provisions and implementation and weaken the purpose.
- The Act excludes students from criminal sanctions that may encourage paper leak gangs to include students in the ploy or pose themselves as students. Moreover, as the financial punishment for service providers is not commensurate to the profit made by them, they can involve in malpractices to increase their gains.
- The Act lacks clarity about the composition and qualifications of the NTC members which raises concerns about transparency and security of digital systems.
- The strict punishment provision may cause legal challenges.