Question #11
What are the aims and objects of recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act?
edited by Neha
The Public Examination (Prevention of Unfair Means) Act, 2024 aims to combat cheating and malpractices in public examinations across India, addressing long-standing issues like paper leaks, impersonation, and organized cheating networks. Its primary objectives are to ensure transparency, fairness, and integrity in the conduct of exams, particularly those held for recruitment and academic purposes.
Key provisions include:
- Defining Unfair Means: Covers a wide range of malpractices, including leaking exam papers, impersonation, tampering with results, and facilitating cheating through unauthorized communication or devices.
- Punishments: Individuals found guilty can face 3-10 years of imprisonment and fines up to ₹1 crore, with higher penalties for organized crimes and involvement of institutions.
- Service Providers: Examination service providers, such as technology firms managing computer-based exams, are also held accountable, facing fines and operational bans if found complicit in malpractices.
- Organized Crime: Higher punishments are prescribed for offenses involving criminal networks or large-scale fraud in examinations.
- Investigative Powers: Law enforcement agencies are empowered to conduct surprise checks and seize suspicious materials without prior magistrate approval.
The Act also encourages states to adopt its framework to cover state-level exams, including those by universities and state education boards. While the law specifically applies to central bodies like the UPSC, SSC, and other national agencies, states may opt to apply its provisions for exams under their jurisdiction.
edited by Kalpana
I do not have access to real-time information, including details about recently passed legislation like The Public Examination (Prevention of Unfair Means) Act, 2024.
To get information about this Act, I recommend you:
- Check the official website of the Indian Government: Look for the Ministry of Education or the relevant legislative body.
- Search online news sources and legal databases: Reputable news outlets and legal databases might have reports on the new Act.
- Consult with a legal professional: If you need detailed information about the Act's scope and application, a legal professional can provide the most accurate guidance.
In general, laws aimed at preventing unfair means in public examinations often address:
- Cheating: Prohibiting the use of unauthorized materials, copying from others, impersonation, etc.
- Malpractices: Addressing actions like bribing examiners, tampering with answer sheets, or using electronic devices for cheating.
- Punishments: Establishing penalties for those found guilty of violating the law.
Regarding University/State Education Board Examinations:
- It is likely that these examinations are covered under such legislation. Laws about public examinations typically aim to ensure fairness and integrity across all educational levels.
- However, the specific scope and application of the Act would depend on its wording and the relevant rules and regulations of individual universities and education boards.
Remember, laws and regulations can be complex, and the information above is a general overview. It's always best to refer to official sources and consult with relevant authorities for accurate information.
edited by Rahul
The Public Examination (Prevention of Unfair Means) Act, 2024
The Public Examination (Prevention of Unfair Means) Act, 2024, is a recently enacted legislation aimed at tackling the menace of unfair means and malpractices in public examinations. The Act seeks to ensure the integrity and credibility of public examinations, promote fairness, and maintain the trust of stakeholders in the examination system.
Aims and Objects of the Act:
- Prevention of Unfair Means: The primary objective is to prevent candidates from using unfair means, such as cheating, impersonation, or other forms of academic dishonesty, to gain an advantage in public examinations.
- Maintaining Examination Integrity: The Act aims to ensure that public examinations are conducted in a fair, transparent, and credible manner, reflecting the true abilities of the candidates.
- Deterrent Effect: The legislation seeks to deter candidates from engaging in unfair means, by specifying penalties and punishments for those found guilty of such practices.
- Promoting Fair Competition: By reducing the incidence of unfair means, the Act aims to promote fair competition among candidates, ensuring that those who excel do so on the basis of their merit and hard work.
Coverage of the Act:
The Public Examination (Prevention of Unfair Means) Act, 2024, covers all public examinations, including:
- Board Examinations: Examinations conducted by State Education Boards, such as Class 10th and 12th board exams, are covered under the Act.
- University Examinations: University-level examinations, including undergraduate, postgraduate, and professional courses, are also covered.
- Entrance Examinations: Entrance exams for professional courses, such as medical, engineering, and law, are included under the Act.
- Recruitment Examinations: Examinations conducted for recruitment to government jobs, public sector undertakings, and other organizations are also covered.
Key Provisions:
Some key provisions of the Act include:
- Penalties: Candidates found guilty of using unfair means may face penalties, such as cancellation of their candidature, debarment from future examinations, or even criminal prosecution.
- Institutional Accountability: Educational institutions and examination authorities may also be held accountable for failing to prevent unfair means or for colluding with candidates.
- Monitoring Mechanisms: The Act provides for the establishment of monitoring mechanisms, such as CCTV cameras, biometric identification, and other technologies, to prevent and detect unfair means.
- Awareness and Education: The Act emphasizes the need for awareness and education programs to sensitize candidates, parents, and educators about the importance of fair play and the consequences of unfair means.
Overall, the Public Examination (Prevention of Unfair Means) Act, 2024, aims to promote a culture of academic integrity, fairness, and transparency in public examinations, ensuring that the sanctity of the examination process is maintained.