The Public Examinations (Prevention Of Unfair Means) Act, 2024

Table of Contents

Chapter I – Preliminary

Section 1: Short Title And Commencement

Original Law Text:

(1) This Act may be called The Public Examinations (Prevention of Unfair Means) Act, 2024.
(2) It shall come into force on such date as the Central Government may appoint by notification in the Official Gazette.
[Note: This Act came into effect on 21st June 2024, via Notification No. S.O. 2422(E)]

Simple Explanation:

This law is officially named the Public Examinations (Prevention of Unfair Means) Act, 2024. It was formally brought into operation by the Indian Government on 21st June 2024, following an official announcement in the Gazette of India. The government had the authority to decide when the law would become active.

Vital Pointers To Remember:

Official name: The Public Examinations (Prevention of Unfair Means) Act, 2024
Came into force on: 21st June 2024
Started through: Notification in the Official Gazette
Authority to enforce: Central Government

Section 2: Definitions

Original Law Text:

This section provides specific meanings for terms used throughout the Act. These include:

Candidate: A person allowed by the examination authority to appear in a public exam; includes scribes acting on their behalf.
Communication Device: As defined under the Information Technology Act, 2000.
Competent Authority: Refers to the relevant Ministry or Department of the Central Government overseeing the exam authority.
Computer Terms (network, resource, system): Same definitions as in the Information Technology Act, 2000.
Conduct of Public Examination: Covers all formal steps and processes involved in conducting an exam.
Institution: Any non-exam authority body, organisation, or business involved in any way with public exams.
Notification: An official public notice in the Official Gazette.
Organised Crime: A planned offence by individuals or groups working together for wrongful benefit in exams.
Person Associated with Service Provider: Anyone who works for or represents a service provider, regardless of their job status.
Prescribed: Refers to anything outlined in rules created under this Act.
Public Examination: Exams listed in the Schedule or added by government notification.
Public Examination Authority: A body authorised by the government to conduct public exams.
Public Examination Centre: The approved physical location where exams are held.
Service Provider: Any group, company, or agency hired to help carry out the exams.

Simple Explanation:

This section clearly defines the key terms used in the law to avoid confusion. It outlines who qualifies as a candidate, what a service provider is, what counts as a public examination, and what is meant by organised crime in the context of exams. It also includes references to technical terms like computer networks and communication devices, which are taken from the Information Technology Act. Any body or person not directly part of the official exam authority but still involved with the exam process, like outsourced agencies, is also covered.

Vital Pointers To Remember:

Candidate: Anyone officially allowed to take a public exam, including scribes.
Service Provider: Outside groups or agencies assisting with exam processes.
Public Exam: Exams run by authorised bodies like UPSC, SSC, etc.
Exam Centre: Designated places where the exam takes place.
Organised Crime: Planned and group-based cheating or misconduct in exams.
Authority: The Central Government appoints the exam bodies and decides terms.
IT-related definitions: Terms like computer resource follow the IT Act, 2000.
Rules made under the Act: Any detailed procedures will be laid down by future rules or government orders.

Chapter II – Unfair Means And Offences

Section 3: Unfair Means

Original Law Text:

This section lists actions that qualify as unfair means in public examinations, especially if done for money or wrongful benefit. These include:

(i) Leaking the question paper or answer key
(ii) Helping in any way to leak them
(iii) Illegally obtaining the paper or OMR sheet
(iv) Solving questions on someone’s behalf
(v) Giving unauthorised help during the exam
(vi) Tampering with answer sheets or OMR sheets
(vii) Changing marks without permission
(viii) Breaking exam rules intentionally
(ix) Forging documents to manipulate results or shortlists
(x) Breaching security protocols
(xi) Hacking or altering computer systems used in exams
(xii) Changing seating plans or shifts to aid cheating
(xiii) Threatening or stopping officials involved in the exam
(xiv) Making fake websites for scams
(xv) Holding fake exams or giving fake admit cards

Simple Explanation:

This section outlines different ways people cheat or help others cheat in public exams. These dishonest acts can involve leaking papers, hacking systems, impersonating candidates, giving secret help during exams, or faking entire exams. Even disturbing officials or tampering with answer sheets counts as unfair means. If any of these actions are done to make money or gain an unfair advantage, they become punishable under this law.

Vital Pointers To Remember:

Leakage of exam content, like papers or answer keys, is illegal.
Unlawful possession or unauthorised assistance in any form is covered.
Tampering with digital or physical exam materials is punishable.
Security breaches, fake exams, or websites fall under this offence.
Threatening exam staff or changing seating arrangements to enable cheating is prohibited.

Section 4: Conspiracy For Unfair Means

Original Law Text:

No individual, group, or institution can plan, collude, or conspire to carry out unfair means.

Simple Explanation:

This section makes it illegal for anyone to join hands with others to cheat or help others cheat in public exams. Planning or being part of such a scheme is itself an offence, even if the act has not been committed yet.

Vital Pointers To Remember:

Even planning to cheat is a punishable offence.
Applies to individuals, groups, and institutions.
Conspiracy, even without direct action, is considered illegal.

Section 5: Disruption To Conduct Public Examination

Original Law Text:

(1) Anyone not authorised to be in the exam centre cannot enter with the intent to disturb the exam.
(2) Those involved in exam duties must not:
(a) Open or leak question papers early or seek help for solving them.
(b) Share confidential exam info for personal gain.
(3) No person handling exam duties may share exam-related information unless officially allowed.

Simple Explanation:

People who are not candidates or part of the official exam staff must not enter exam centres to disrupt proceedings. Also, staff must not open question papers early or pass on sensitive information for money or other gains. Confidential details must be kept secure unless officially allowed to share.

Vital Pointers To Remember:

No outsiders allowed at exam centres with bad intentions.
Exam officials must not leak or seek help with papers before time.
Confidential information must remain secure.

Section 6: Other Offences

Original Law Text:

If anyone commits unfair means as per Sections 3, 4, or 5, the service provider must report it to the police and the exam authority.
If the service provider itself is involved, the exam authority must report it.

Simple Explanation:

If cheating or exam crimes happen, the agency helping conduct the exam must immediately inform both the police and the main exam body. If the helper agency is guilty itself, then the exam body must alert the police.

Vital Pointers To Remember:

Service providers must report any exam-related crimes.
If they are guilty, the exam authority must act.
Failing to report can lead to further consequences.

Section 7: No Premises Other Than Examination Centre Shall Be Used For Public Examination

Original Law Text:

Exams must only take place at locations approved by the exam authority. Using another site without written approval is an offence—unless changed due to unavoidable events (force majeure).

Simple Explanation:

Examinations must be conducted only in officially approved centres. No person or agency is allowed to shift the exam to a different location unless they have formal written approval. Unexpected emergencies may allow some exceptions.

Vital Pointers To Remember:

Only authorised centres can hold exams.
Written permission is a must to change the venue.
Emergencies (force majeure) are valid exceptions.

Section 8: Offences In Respect Of Service Providers And Other Persons

Original Law Text:

(1) Anyone—including service provider staff—committing or helping in unfair means is guilty.
(2) Service providers must report any unfair means or offences.
(3) If an officer (director, manager, etc.) is knowingly involved, they are also liable—unless they prove ignorance and due diligence.

Simple Explanation:

This section targets service providers and their staff. If they help with cheating or fail to report misconduct, they can be held responsible. Senior officials of these providers can also face legal action if they were aware or involved—unless they can prove they tried to prevent it.

Vital Pointers To Remember:

Service provider staff involved in cheating are punishable.
Reporting wrongdoing is mandatory.
Top officials are liable if involved or negligent.
Defence allowed if they prove no knowledge and active prevention.

Chapter III – Punishment For Offences

Section 9: Cognizable Offences

Original Law Text:

All offences under this Act are declared as cognizable, non-bailable, and non-compoundable.

Simple Explanation:

Any offence under this law is treated seriously. Police can arrest the accused without needing prior approval from a court, and bail is not a right—it must be granted by the court. Also, such cases cannot be settled privately between parties; they must go through legal proceedings.

Vital Pointers To Remember:

Cognizable: Police can act immediately and arrest without court permission.
Non-bailable: Bail is not automatic; it’s at the judge’s discretion.
Non-compoundable: Cases cannot be withdrawn or settled outside court.

Section 10: Punishment For Offences Under This Act

Original Law Text:

(1) Any person found guilty of unfair means will face imprisonment of 3 to 5 years and may be fined up to ₹10 lakh. If the fine is not paid, more jail time may follow as per the Bharatiya Nyaya Sanhita, 2023. Until then, the Indian Penal Code, 1860 applies.
(2) If a service provider is guilty, it may be fined up to ₹1 crore, and exam-related costs will be recovered from them. They will be barred for 4 years from handling any public exams.
(3) If any senior person (e.g., director, manager) is proven to have knowingly allowed the offence, they face 3 to 10 years in prison and a fine of ₹1 crore. More jail time can follow if the fine is unpaid.
(4) Such senior individuals can escape punishment only if they prove they had no knowledge of the offence and took all reasonable steps to prevent it.

Simple Explanation:

The Act sets tough penalties to discourage cheating and fraud. Anyone using unfair means can be jailed for at least 3 years and fined up to ₹10 lakh. If a company or agency that helps run exams is involved, they could face a massive fine and a ban from future exam work for 4 years. If top officials of these companies were aware or involved, they can face up to 10 years in prison. However, if they had no idea and did everything they could to stop the crime, they may not be punished.

Vital Pointers To Remember:

Individual offenders: 3–5 years jail + fine up to ₹10 lakh
Service providers: Fine up to ₹1 crore + exam cost recovery + 4-year ban
Senior management: 3–10 years jail + ₹1 crore fine
Unpaid fines = extra jail as per criminal law
Defence allowed if unaware and acted responsibly to stop the offence
Until Bharatiya Nyaya Sanhita, 2023 is enforced, the Indian Penal Code applies

Section 11: Organised Crimes

Original Law Text:

(1) If a person, group, exam authority, or service provider commits an organised crime in connection with public exams, the punishment is 5 to 10 years imprisonment and a minimum fine of ₹1 crore. Extra jail time applies if the fine isn’t paid.
(2) If an institution is involved, its property may be seized and exam-related costs recovered.

Simple Explanation:

When exam fraud is done in an organised, planned way by a group—including officials or entire institutions—it becomes a more serious crime. The penalties are much harsher: longer prison terms and heavier fines. If an organisation is found guilty, its assets can be taken by the authorities, and any exam costs caused by the crime will be recovered from it.

Vital Pointers To Remember:

Organised cheating or fraud: 5–10 years prison + fine not less than ₹1 crore
More jail time for not paying the fine
Institutions face property seizure and must repay exam costs
Applies to individuals, groups, exam authorities, and service providers

Chapter IV – Inquiry And Investigation

Section 12: Officers Empowered To Investigate

Original Law Text:

(1) Any offence under this Act shall be investigated by an officer not below the rank of Deputy Superintendent of Police (DSP) or Assistant Commissioner of Police (ACP).
(2) Despite the above, the Central Government has the authority to refer any investigation to a Central Investigating Agency.

Simple Explanation:

Only senior police officials—at least at the level of DSP or ACP—are allowed to investigate crimes under this law. This ensures the investigation is carried out seriously and professionally. Additionally, the Central Government can hand over any case to a central agency like the CBI if needed.

Vital Pointers To Remember:

Minimum investigation rank: DSP or ACP
Central Government can assign cases to central agencies
Ensures serious handling of exam-related offences
Aims to maintain fairness, professionalism, and transparency

Chapter V – Miscellaneous

Section 13: Members, Officers And Employees Of Public Examination Authority To Be Public Servants

Original Law Text:

All Chairpersons, Members, officers, and staff of the public examination authority are considered public servants under the Bharatiya Nyaya Sanhita, 2023 (or Indian Penal Code, 1860 until the new law is enforced).

Simple Explanation:

This section states that everyone working for the official exam body—including officers and staff—will be treated as public servants. This status brings responsibilities and makes them accountable under criminal law if they misuse their position.

Vital Pointers To Remember:

Exam body staff = Public servants
Covered under Bharatiya Nyaya Sanhita, 2023 or IPC, 1860 (as applicable)
Can be legally held accountable for misuse of power

Section 14: Protection Of Action Taken In Good Faith By Any Public Servant

Original Law Text:

No legal action shall be taken against any public servant for actions done in good faith while performing their duties under this Act.
However, such staff remain subject to administrative action as per service rules, and legal proceedings may still happen if a prima facie offence exists.

Simple Explanation:

This provision protects exam officials from being sued or prosecuted if they made decisions honestly while doing their job. But if there’s clear evidence of wrongdoing, legal or departmental action can still be taken.

Vital Pointers To Remember:

No legal risk for honest actions done in duty
Service rules still apply for misconduct
Legal cases allowed if there’s prima facie evidence of offence

Section 15: Provisions Of This Act To Be In Addition To Other Laws

Original Law Text:

The Act adds to, and does not override, other laws already in force.
However, in case of a conflict, this Act’s provisions will prevail.

Simple Explanation:

This law works alongside existing laws. It does not replace them. But if there’s a contradiction between this Act and any other law, the rules of this Act will be followed.

Vital Pointers To Remember:

Works in addition to other laws
If there’s a conflict, this Act takes priority

Section 16: Power To Make Rules

Original Law Text:

The Central Government can create rules to enforce this Act. These rules may include exam procedures or any other matter needing clarification.

Simple Explanation:

The government has the authority to frame detailed rules for carrying out the law. This includes deciding how exams are to be conducted or clarifying any grey areas in the Act.

Vital Pointers To Remember:

Central Government can issue supporting rules
Rules may define procedures, duties, and responsibilities

Section 17: Laying Of Rules

Original Law Text:

All rules made must be presented before both Houses of Parliament for at least 30 days. Parliament can approve, modify, or cancel them.
Any such action won’t affect the actions already taken under those rules.

Simple Explanation:

To ensure transparency, every rule made under this Act must be shown to Parliament. Parliament has the right to approve, change, or reject the rule. However, actions already carried out before such changes remain valid.

Vital Pointers To Remember:

Rules must be laid before Parliament
Parliament can modify or reject rules
Past actions under old rules remain valid

Section 18: Power To Remove Difficulties

Original Law Text:

If problems arise while applying this law, the Central Government can issue an order (within three years) to resolve them—provided it doesn’t contradict the Act.
Such orders must be presented in Parliament after being issued.

Simple Explanation:

If the government faces any practical issues while implementing the law, it can make temporary adjustments to solve them. This can only be done within three years of the law coming into force, and any such decisions must be officially placed before Parliament.

Vital Pointers To Remember:

Government can issue corrective orders to resolve issues
Must act within 3 years of the Act coming into effect
Orders must be presented before Parliament

Chapter VI – Amendment To The Criminal Law (Amendment) Ordinance, 1944

Section 19: Amendment Of Ordinance 38 Of 1944

Original Law Text:

In the Criminal Law (Amendment) Ordinance, 1944, under the Schedule, after serial number 5 and its corresponding entries, a new entry is inserted:
“6. An offence punishable under the Public Examinations (Prevention of Unfair Means) Act, 2024.”

Simple Explanation:

This section updates an old law—the Criminal Law (Amendment) Ordinance of 1944—by adding offences under the Public Examinations (Prevention of Unfair Means) Act, 2024 to its Schedule. This change allows authorities to take stronger actions like attaching (seizing) property of those accused under the new Act, just like for serious crimes such as corruption or financial frauds.

Vital Pointers To Remember:

New offences under the 2024 Act are now covered by the 1944 Ordinance.
Authorities can attach/seize property of offenders.
Brings exam fraud cases under the same strict procedures as major crimes.

The Schedule

Original Law Text:

(As referred to in Section 2(k) of the Act)

The term “public examination” includes any examination conducted by:

Union Public Service Commission (UPSC)
Staff Selection Commission (SSC)
Railway Recruitment Boards (RRBs)
Institute of Banking Personnel Selection (IBPS)
Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff
National Testing Agency (NTA)
Any other authority as may be notified by the Central Government

Simple Explanation:

The Schedule lists the main bodies whose examinations are covered under this Act. It includes top national-level organisations like UPSC, SSC, RRB, IBPS, NTA, and recruitment tests conducted by government ministries and departments. The Central Government can also add more authorities to this list by issuing a notification.

Vital Pointers To Remember:

Covers exams by UPSC, SSC, RRBs, IBPS, and NTA.
Includes recruitment exams by Central Government offices.
Central Government can expand the list through notifications.
Ensures widespread protection against unfair practices across major exams.