Taking a significant step amidst the controversies surrounding the NEET and UGC-NET exams, the Centre has notified a stringent law, passed in February, aimed at preventing paper leaks and cheating.

The Public Examinations (Prevention of Unfair Means) Act, 2024, was notified just a day after Education Minister Dharmendra Pradhan was questioned about its implementation. The minister had mentioned that the law ministry was in the process of framing the rules.

“In exercise of the powers conferred by sub-section (2) of section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June, 2024, as the date on which the provisions of the said Act shall come into force,” reads the notification by the Personnel Ministry.

The law proposes stringent punishments, including a minimum of three to five years of imprisonment for curbing cheating. Those involved in organised cheating crimes could face five to 10 years of imprisonment along with a minimum fine of Rs 1 crore.

According to the law, if an individual or a group of individuals engage in organised crime related to examinations, including the examination authority, service provider, or any institution, they will be subject to imprisonment for a term ranging from five to ten years, along with a fine not less than Rs 1 crore.

The law also includes provisions for attaching and forfeiting the property of institutions found involved in organised paper leak crimes. Additionally, the proportionate cost of the examination affected by such crimes shall be recovered from these institutions.

However, the act protects the candidates appearing in the examination from the punitive provisions, and they will be governed under the provisions of the existing unfair means policy of the examination conducting authority.

The law defines 'unfair means' as including the leaking of question papers or answer keys, assisting candidates during exams through unauthorised communication or providing solutions, tampering with computer networks or resources, impersonating candidates, conducting fake examinations or issuing fake documents, and tampering with documents related to merit lists or ranks.

The offences that come under the law are non-bailable. Any officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police can investigate any offence under the Act. Additionally, the central government has the power to refer any investigation to a central agency.

The Act covers examinations conducted by various bodies including the Union Public Service Commission (UPSC), the Staff Selection Commission (SSC), the Railways, banking recruitment examinations, and all computer-based examinations conducted by the National Testing Agency (NTA).

Nearly 24 lakh students appeared for the NEET-UG 2024 for undergraduate medical courses conducted by the National Testing Agency (NTA) on May 5. The results were announced on June 4, 10 days ahead of schedule. However, allegations of a question paper leak and the granting of grace marks to over 1,500 students led to protests and legal cases, including in the Supreme Court, which criticised the NTA.

On Wednesday, the Education Ministry cancelled the UGC-NET exam the day after it was conducted. Over 9 lakh candidates participated in this exam, which determines eligibility for Assistant Professor positions in universities and colleges, as well as for junior research fellowships. Education Minister Pradhan addressed a press conference on Thursday, stating that the UGC chairman had received information from the cybercrime team in the home ministry regarding questions being found on the darknet.

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