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Key aspect
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About
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Aim
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To prevent “unfair means” in order to “bring greater transparency, fairness and credibility to the public examinations system”.
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Public examinations
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It refer to examinations conducted by authorities specified under the Schedule to the Bill, or notified by the central government. It includes
- Union Public Service Commission
- Staff Selection Commission
- Railway Recruitment Board
- National Testing Agency
- Institute of Banking Personnel Selection, and
- Departments of the central government and their attached offices for recruitment.
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Offences in relation to public examination
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The Bill defines several offences in relation to public examinations
- It prohibits collusion or conspiracy to facilitate indulgence in any unfair means.
- It prohibits disclosing exam-related confidential information before time, and
- It prohibits unauthorised people from entering exam centres to create disruptions.
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Unfair means
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It specifies unfair means to include
- Unauthorised access or leakage of question paper or answer key
- Assisting a candidate during a public examination,
- Tampering with computer network or resources,
- Tampering with documents for shortlisting or finalising of merit list or rank, and
- Conducting fake examination, issuing fake admit cards or offer letters to cheat, for monetary gains.
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Penalty
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It will be punishable with imprisonment between 3 and 5 years, and a fine up to Rs 10 lakh.
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Service provider
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A service provider is an organisation that provides computer resources or any other support to a public examination authority.
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Responsibility of service provider
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- The service provider must report to the police and the concerned examination authority.
- Failure to report such incidents will be an offence
- The service providers are prohibited from shifting the exam centre without permission from examination authority.
- If service provider themselves commit an offence, the examination authority must report to the police.
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Penalty to service providers
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- An offence by service provider will be punishable with a fine up to 1 crore rupees.
- Proportionate cost of examination will also be recovered from such a service provider.
- They will be barred from conducting public examinations for 4 years.
- If the offence is committed with the consent or connivance of any Director, senior management or persons-in-charge they will be held personally liable.
- They will be punished with imprisonment between 3 years and 10 years and a fine of 1 crore rupees.
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Organised crime
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It 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.
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Penalty for organised crimes
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The bill specifies higher punishment for organised crime.
- They will be punished with imprisonment between 5 years and 10 years, and a fine of at least 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.
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Inquiry and investigation
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All offences under the Bill will be cognisable, non-bailable, and non-compoundable.
- No action will count as an offence if it is proved that the accused had exercised due diligence.
- An officer not below the rank Deputy Superintendent or Assistant Commissioner of Police will investigate the offences under the Act.
- The central government may transfer the investigation to any central investigating agency.
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