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India Enacts Stringent Anti-Cheating Law Amid Major Exam Paper Leak Scandal, Is it Enough?

The Act also includes provisions for severe penalties, including fines of up to Rs 1 crore AUD 179,245 and imprisonment for up to 10 years

India’s central government has officially operationalised The Public Examinations (Prevention of Unfair Means) Act, 2024, by notifying the necessary rules on Monday, June 24.

This anti-cheating legislation, passed by Parliament in February, came into force on June 21 following its notification in the official gazette.

The new rules, issued by the Ministry of Personnel, Public Grievances and Pensions, establish a detailed framework to curb unfair practices in public examinations. Key measures include the appointment of Centre Coordinators, venue in-charges, and Regional Officers to oversee the examination process.

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This move comes amid significant pressure from opposition parties and student protests nationwide, following the postponement of major competitive exams such as UGC-NET, CSIR UGC NET, and NEET PG. The Central Bureau of Investigation (CBI) is also probing a paper leak in the NEET UG examination in Bihar.

A major component of the new rules is the regulation of Computer-Based Tests (CBT). The rules cover all aspects of CBTs, including candidate registration, centre allocation, issuance of admit cards, and the secure handling and distribution of question papers. The National Recruitment Agency will develop specific norms and guidelines for CBTs, which will be notified by the Centre once finalised.

Additionally, the rules stipulate the appointment of Centre Coordinators, who can be current or retired government employees or individuals from related public sectors. The Centre Coordinator will act as the representative of the examination authority, ensuring compliance with all norms and standards.

The law defines “public examination” as any examination conducted by listed public examination authorities or other authorities notified by the Central Government. The Schedule includes five key authorities: Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railway Recruitment Boards (RRBs), Institute of Banking Personnel Selection (IBPS), and National Testing Agency (NTA).

Section 3 of the Act outlines 15 actions that constitute unfair means, such as leaking question papers, tampering with answer sheets, and conducting fake exams. The rules provide a detailed framework for reporting and addressing such incidents, with venue in-charges required to prepare reports for any detected offences, which may lead to the filing of First Information Reports (FIRs).

The Act aims to address the recurring issue of exam malpractices, which have disrupted recruitment processes across the country. In the past five years, there have been at least 48 instances of paper leaks affecting over 1.5 crore applicants. The legislation seeks to enhance the transparency, fairness, and credibility of public examinations, reassuring the youth of a fair evaluation process.

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The Act also includes provisions for severe penalties, including fines of up to Rs 1 crore (AUD 179,245) and imprisonment for up to 10 years, and may serve as a model for state-level legislation.

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