A new act has been implemented to curb the unfair means in the public examination. The act named Public Examinations (Prevention of Unfair Means) Act, 2024 having 6 chapters and 19 sections is an effective measure by the government of India against the hot topic of NEET UG, UGC NET, etc exam scams, and paper leaks.

Exam scam is a topic of discussion nationwide, and this act has become the shield of the government authorities. This act was passed in the Lok Sabha on 5th February 2024 and the President of India gave assent for this act on 13th February 2024 then why this act was implemented so late and after these scams happened and students appearing for the exam became hopeless about the public examinations and education systems.

Was this act the shield against the protests happening nationwide or this act is going to be a real change in the society ?

BACKGROUND

On 4th June the National Testing Agency (NTA) released the results of the NEET-UG. 2.4 million candidates with about 1 lakh available seats for MBBS in medical institutions in India. The result received criticism and huge media coverage due to the massive unexpected result. 67 candidates got AIR 1 with a perfect score of 720.

Petitions have been filed in different high courts and it was found that 8 candidates who got AIR 1 are from the same center. Also, the grace marks issue was also found for which candidates got unreal marks of 718 and 719. Additional issue of alleged paper leak and another fraudulent acts made it a big issue for the youths and their parents.

The urgent implementation of this act was necessary to conduct fair examinations in India. Frequent paper leaks in the exams like UGC-NET and NEET-UG raised concerns about the future of the students. The cancellation of the UGC-NET exam exemplifies its swift and smooth application.

WHAT IS ANTI-CHEATING LAW

This law was passed to prevent “unfair means” in the public examinations to bring transparency, credibility, and fairness in these examinations. The bill was introduced in the Parliament on 5th Feb 2024. It was passed in the Rajya Sabha on 9th Feb, 2024 and got assent of the president on 13th Feb, 2024. Finally, it came into force on 21st june, 2024.

WAS IT NECESSARY?

Students appearing for public exams like NEET and others were unsecured, frauds were taking place and deserving candidates were lagging behind. In a highly populated country like India, it only has few seats in these fields that means limited opportunities and shrinking scopes. On top of that there was no such laws for conducting public examinations. Though few state based laws are present. Considering the scenario, Public Examinations (Prevention of Unfair Means) Act, 2024 was a required one.

UNDERSTANDING THE ACT

The act mentions the term “unfair means”. Under section 3 of the said act the term is described by 15 actions which are deemed illegal.

• Question paper or answer key leakage
• Engaging in leakage of question paper or answer key
• Accessing question paper and OMR without authority
• Solution of the questions provided by unauthorised person
• Directly or indirectly helping the candidate
• Tampering OMR and answer sheets
• Altering the assessment without authority
• Willful violations of central govt norms for public examinations
• Tampering documents of merit list 
• Deliberate violation of security measures to do unfair means
• Computer network or resource tampering
• Seating arrangements manipulating
• Threatening the life and liberty of the person associated with the public examinations
• Creating fake website for cheating or monetary gain
• Fake exam conducting, issuing of fake admit card.

PUNISHMENT FOR THE OFFENCE

Punishments are described in the chapter III of the act. Section 9-11 talks about the punishment. In case of a crime committed by an individual then imprisonment for minimum 3 years which may extend to 5 years with fine upto ten lakh rupees.

• In case of organised crime the imprisonment can extend upto ten years with a fine of one crore rupees 
• Offences committed under this act will be cognizable, non bailable and non compoundable.

EXAMS THAT ARE COVERED

Exams conducted by the authorities which are mentioned in the act will be applicable for this act.

• Exams conducted by UPSC, SSC, RRB, IBPS, NTA
• Recruitment exams conducted by the Central Government.

In conclusion, the enactment of the Public Examinations (Prevention of Unfair Means) Act, 2024, marks a critical step toward ensuring the integrity and fairness of our examination system. This act came late but nothing is late when the future of the students are considered. Nation was outraged by the unfair means that happened in the national level examinations, a series of scams and frauds undermining public trust in the educational process was uncovered. Exams were being conducted without a proper framework.

For years, students and their parents have placed immense faith on these public exams. These exams were milestones for them to shape their future. Outrage caused by the dishonesty of few groups and people smashing the expectations of the candidates and their parents. Now the new act will uphold the value of merit by reassuring the students that their hard work will be fruitful and rewarding. Successful implementation of the act will require collaboration between authorities and exam conducting bodies. Public awareness and continuous improvement willstay as uires to maintain the status.