Context:

• This bill was introduced in Lok Sabha on February 5, 2024, and passed on February 6. 
• The Bill aims to prevent “unfair means” in order to “bring greater transparency, fairness and credibility to the public examinations system”.
• An investigation by The Indian Express found at least 48 instances of paper leaks in 16 states over the last five years, in which the process of hiring for government jobs was disrupted. 
• The leaks touched the lives of at least 1.51 crore applicants for about 1.2 lakh posts.

Important Provisions of the bill: 

• Definition of Unfair Means in Examinations: The Bill defines “unfair means” in examinations as actions aimed at monetary or wrongful gain.
  • Section 3 lists various actions, including leaking question papers, tampering with answer sheets, and creating fake websites.
• Designated Public Examination Authorities: Under Section 2(k), a “public examination” includes exams conducted by authorities listed in the Bill’s Schedule or those notified by the Central Government.
  • The Schedule comprises five major examination authorities, including Union Public  Service Commission, Staff Selection Commission, Railway Recruitment Boards, Institute of Banking Personnel Selection, and National Testing Agency.
  • Ministries, Departments of the Central Government, and their attached offices for recruitment will also fall under the purview of the law.
• Responsibilities of service providers: A service provider is an organisation that provides computer resources or any other support to a public examination authority. Section 8 of the bill deals with the responsibilities of the service providers. 
  • In the event of violation of provisions of the Bill, service providers must report to the police and the concerned examination authority.  Failure to report such incidents will be an offence.  
  • In case, the service provider themselves commits an offence, the examination authority must report it to the police.  
  • The Bill prohibits service providers from shifting the exam centre without permission from the examination authority.   
• Organised crimes: An organised crime is defined as an unlawful act committed by a person or a group of persons to further a shared interest for wrongful gain in relation to public examinations.  
  • The Bill specifies a higher punishment for organised crimes
  • Persons committing an organised crime will be punished with imprisonment between five years and 10 years, and a fine of at least one crore rupees.  
• Punishments for Violations: Offences are cognizable, non-bailable, and non-compoundable under Section 9.
  • Punishments include imprisonment ranging from three to five years and fines up to Rs 10 lakh.
  • Failure to pay fines may lead to additional imprisonment as per the provisions of the Bharatiya Nyaya Sanhita, 2023.
  • Service providers aiding in examination conduct can face fines up to Rs 1 crore. Further, they can also be barred from conducting public examinations for four years.
  • Organised paper leaks attract harsher penalties, including imprisonment of five to ten years and fines not less than one crore rupees. If an institution is held guilty of committing an organised crime, its property will be attached and forfeited, and a proportionate cost of the examination will also be recovered from it.

• Under Section 16 of the bill, the Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this bill.

The Bill is aimed at effectively and legally deterring persons, organised groups or institutions that indulge in various unfair means and adversely impact the public examination systems for monetary or wrongful gains.