The Union Cabinet has sanctioned a pivotal amendment to the Public Examinations (Prevention of Unfair Means) Act, 2024, aimed at imposing stricter penalties for individuals involved in question paper leaks. This legislative proposal emerges amid mounting national protests concerning systemic issues within the educational sector, notably the recurring leaks of question papers in significant competitive exams such as the National Eligibility cum Entrance Test (NEET) for medical admissions.
Initially enacted in 2024, the law was designed to combat unfair practices in public examinations and ensure transparency, equity, and credibility within the examination framework. It sought to reassure diligent students that their genuine efforts would receive fair acknowledgment. The Act criminalizes various dishonest activities in public exams, including leaking question papers, tampering with answer sheets, manipulating seating arrangements, creating fraudulent websites for financial gain, and conducting sham exams.
On Friday, the Union Cabinet endorsed amendments to the 2024 anti-paper leak legislation. The following day, Union Education Minister Dharmendra Pradhan resigned following weeks of student-led protests demanding his removal. The amendment bill is anticipated to be presented in Parliament during the upcoming monsoon session.
Proposed Amendments
Punishments
The proposed bill seeks to increase the imprisonment terms, suggesting a minimum of five years and a maximum of ten years for individuals engaging in unfair practices as outlined by the Act. Currently, the punishment ranges from three to five years. The financial penalties are also set to increase significantly, with fines rising from ₹10 lakh to ₹50 lakh for individuals and from ₹1 crore to ₹5 crore for service providers involved in the examination process if found culpable of facilitating unfair practices or paper leaks. Furthermore, these service providers could face an eight-year ban on conducting examinations, up from the current four years. Individuals in charge of such firms could face a minimum imprisonment of five years, up from three years, and fines increasing from ₹1 crore to ₹5 crore.
For those involved in organized crimes, the bill proposes enhancing the jail term from a minimum of five years to seven years, with fines starting at ₹10 crores.
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Investigations
The amendment bill empowers the Central government to establish a Special Task Force (STF) dedicated to investigating offenses under the Act. A new provision mandates that investigations be completed within two months by officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police, Central Investigating Agency, and STF.
Trial and Appeal
The draft law stipulates that trials for offenses under the Act be conducted on a day-to-day basis by sessions courts designated as special fast-track courts. These trials must conclude within three months once the amendments are enacted. State governments and Union Territory administrations will be required to appoint special public prosecutors for these courts.
For appeals against any judgment, sentence, or order of the fast-track court, the bill mandates that they be addressed by a division bench of the High Court, ideally within three months. Appeals must be filed within 30 days, though the High Court may allow delays if justified, but no appeal will be entertained after 90 days.
