Amendment to the Public Examinations (Prevention of Unfair Means) Act, 2024

Syllabus: GS2/Education/Governance

Context

• The Union Cabinet cleared a proposal to introduce amendments to the Public Examinations (Prevention of Unfair Means) Act, 2024, endowing the anti-paper leak law with tougher penalties and time-bound trial mechanisms.

About

• The proposed amendments to the anti-cheating law include steeper jail sentences, higher financial penalties and the setting up of fast-track courts for speedy trials. 
• Amendments in Penalties: Imprisonment for those involved in organised examination fraud has been hiked from the previous 3-5 year bracket to 5 to 10 years in prison. 
  • Maximum fines for those involved in organised rackets have been hiked up to ₹10 crore.
• Fast Track Courts: The law gives statutory backing to set up dedicated fast-track courts empowered to expedite cases. 
  • Fast-track courts will be mandated to conclude investigations, dispose of cases, and pronounce judgments within three months. 
  • Fast-track courts have already been notified in Madhya Pradesh and Maharashtra, with the Delhi High Court notifying the establishment of a specialised court on July 23.
• Institutional Rebuild: The Education Ministry has issued advertisements for the appointment of senior professionals at the level of General Manager in the agency to oversee key functions such as its network of centres, operations, information security and vigilance.
  • It would engage 16 young professionals in various units of the NTA through the Pratibha Setu portal of the Union Public Service Commission (UPSC).

Public Examination (Prevention of Unfair Means ) Act, 2024

• It was passed in 2024 and is aimed at curbing leaks, malpractices in recruitment examinations like UPSC, SSC etc and entrance tests such as NEET, JEE, and CUET.
• The Act broadly defines “unfair means” to include various malpractices, such as:
  • Leaking question papers or answer keys,
  • Assisting candidates during exams (unauthorized communication, providing solutions),
  • Tampering with computer networks or resources,
  • Impersonating candidates,
  • Conducting fake examinations or issuing fake documents,
  • Tampering with documents for merit lists or ranks.
• Penalties and Punishments:
  • Individuals:
    • Imprisonment ranges from 3 to 10 years depending on the offense’s severity.
    • Fines up to Rs. 1 crore for organized crimes.
  • Service providers:
    • Fines up to Rs. 1 crore for involvement in malpractices.
    • Barring from conducting public examinations for 4 years.
    • Personal liability for directors/management involved.
  • Organized crimes:
    • Harsher penalties, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore
    • The institution involved can face property attachment and forfeiture
• Investigation: 
  • All offences under the Act are cognisable, non-bailable, and non-compoundable.
  • An officer not below the rank Deputy Superintendent or Assistant Commissioner of Police will investigate the offences under the Act. 
  • The Central Government may transfer the investigation to any Central Investigating Agency.

Radhakrishnan Panel

• Following the NEET-UG 2024 controversy, the Ministry of Education formed a high-level committee headed by former ISRO chairman K. Radhakrishnan. 

Key Recommendations of Panel for Exam Reforms

• Examinations Conducted: NTA from 2025 should conduct only entrance exams for higher education institutions and not recruitment exams.
• Restructuring of NTA: 10 new posts covering administration, digital infrastructure, IT security being created in an effort aimed at an error-free examination process for students. 
• Digi- Exam: On the lines of Digi-Yatra, to make the examination process foolproof, authentication at the stages of application, test, admission.
• Governing Body: It recommended to set up an empowered and accountable governing body with three designated sub-committees to oversee test audit, ethics and transparency, nomination and staff conditions. 
• Coordination Committee: It recommends that Coordination Committees at State and District levels may be set up with specified roles and responsibilities.
• Test Centres: The panel also recommended usage of Kendriya Vidyalayas (KVs) and Jawahar Navodaya Vidyalayas (JNVs) across the country as test centres.
• Secure Question Paper Transportation: This includes the use of secure courier services, sealed by authorized officials and validated by the NTA before dispatch.
  • Containers must be locked, monitored during transit, and handed over at test centers under CCTV surveillance and NTA supervision.
• Online Examinations: On the recommendations of the Panel, the government plans to introduce computer adaptive testing for future entrance exams. 

Source: TH