Answer

The Public Examination (Prevention of Unfair Means) Act, 2024, was introduced to uphold the integrity of public examinations amids rising instances of cheating, with recent reports indicating that India registered at least 4 paper leak cases in 2024 alone.

Aims and Objectives of The Public Examination (Prevention of Unfair Means) Act, 2024

• Preserve Academic Integrity: To safeguard the sanctity of examination processes, deterring practices that compromise the fairness and credibility of exams.
  For example: All offences under this Act, shall be cognizable, non-bailable and non-compoundable.
• Standardise Examination Protocols: The Act seeks to establish uniform guidelines and procedures for conducting examinations, ensuring consistency across various educational institutions.
  For example:Section 3 of the Bill lists at least 15 actions that amount to using unfair means in public examinations for monetary or wrongful gain.
• Legal Framework for Action: It provides a legal basis to penalise the use of unfair means, with punishments ranging from fines to imprisonment, ensuring strong deterrents against malpractice.
  For example: An officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police shall investigate any offence under this Act.
• Promote Transparency and Fairness: The Act enforces stringent measures against cheating, ensuring that all candidates are evaluated fairly and on a level playing field.
  For example: Provisions for random invigilation and spot checks create a transparent and fair examination environment.
• Empower Authorities: The Act empowers examination boards and universities to take decisive actions against offenders and enforce preventive measures.
  For example: Any person or persons resorting to unfair means and offences under this Act, shall be punished with imprisonment for a term not less than three years and with fine up to ten lakh rupees.
• Educational Outreach and Awareness: The Act includes provisions for educational campaigns to raise awareness among students and educators about the legal consequences of cheating.
  For example: Schools are mandated to run orientation programs explaining the penalties and risks of unfair practices.

The Act does not explicitly prescribe coverage for University or State Education Board Examinations. However, the Act includes “public examinations” conducted by a “public examination authority” listed in the schedule. The schedule lists five public examination authorities, the UPSC, SSC, Railway Recruitment Boards, Institute of Banking Personnel Selection and the National Testing Agency. The section 2(k) of the act defines “public examination” as,

• Public Examination: Refers to any examination conducted by the public examination authority as specified in the Schedule, or any other authority notified by the Central Government. This ensures standardisation across institutions and upholds the integrity of examination processes.

The Public Examination (Prevention of Unfair Means) Act, 2024, is a landmark step in ensuring transparent and fair educational assessments across India. By covering both university and state board exams, it aligns with India’s vision of transforming its education system into one that fosters merit and accountability, setting a global benchmark for exam integrity.