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Bihar on Wednesday joined the list of states to have passed an anti-cheating law, with its Assembly clearing the Bihar Public Examinations (PE) (Prevention of Unfair Means) Bill, 2024, amid a walkout by the Opposition. This comes amidst the conclusion by a probe into the NEET-UG exam irregularities, which have rocked Parliament, that the cheating incident happened in Bihar.
The new legislation aims at curbing malpractices in competitive examinations, including the leak of question papers, and stipulates severe punishment for those involved in such malpractices, including a prison term of three to five years, and a fine of Rs 10 lakh.
In February, the Centre passed The Public Examinations (Prevention of Unfair Means) Bill, 2024, proposing a minimum three to five years of imprisonment for accused. For cases of organised crime, the Bill proposes imprisonment of five-10 years and a minimum fine of Rs 1 crore.
For service provider firms in examinations, a fine of up to Rs 1 crore and recovery of proportionate cost of examinations were proposed as punishment, apart from a bar on the conduct of public examination for four years.
The Bill also calls for setting up a high-level National Technical Committee on Public Examinations, which shall look into developing protocol for insulating digital platforms, devising ways and means for developing fool-proof IT security system, ensuring comprehensive electronic surveillance of the examination centres and formulating national standards and service levels for both, IT and physical infrastructure, to be deployed for the conduct of such examinations.
The Jharkhand Competitive Examination (Prevention and Redressal of Unfair Means in Recruitment) Bill was passed last year after the Jharkhand Staff Selection Commission preliminary exam for junior engineers was cancelled after the police uncovered papers had been sold for Rs 15 lakh to Rs 20 lakh.
As per the provisions of the Bill, an examinee caught cheating faces up to three years in jail for the first offence and up to seven years for the second offence, in addition to a fine. Service providers — such as printing presses for question papers and employees of examination authorities — found guilty in cheating cases face imprisonment of up to life and fines up to Rs 10 crore.
Upon prosecution, an examinee can be disbarred from future exams for two to five years, which increases to 10 years after conviction and a lifetime ban for repeat offenders.
The Bill also contains provisions for search and seizure of property if an individual is suspected to be involved in cheating or to be in possession of proceeds from the crime.
In March last year, Uttarakhand introduced the Uttarakhand Competitive Examination (Measures For Control and Prevention of Unfair Means in Recruitment) Act, for all examinations to government posts and agencies aided by the government. The law was urgently approved following protests over alleged irregularities in the Uttarakhand Subordinate Services Selection Commission exams.
Examinees found cheating face three years in prison and a minimum fine of Rs 5 lakh for the first offence, rising to 10 years in prison and a minimum Rs 10 lakh fine for the second offence. Service providers caught using unfair means or individuals conspiring with examination authorities face 10 years to life in prison and a fine between Rs 1 crore and Rs 10 crore.
Theft or destruction of question papers draws a penalty of seven to 10 years in prison and a fine between Rs 50 lakh and Rs 1 crore.
Examinees found guilty are to be disbarred from future exams for two to five years when the chargesheet is filed, rising to 10 years after conviction.
Following a spate of leaked papers for government recruitment exams, the Gujarat Assembly passed the Gujarat Public Examination (Prevention of Unfair Methods) Act in February last year.
The Act covers all exams administered by public service commissions, high courts, state-funded universities and education boards. Examinees found guilty face up to three years in prison and a fine of Rs 1 lakh. Service providers using unfair means face five to 10 years in prison and a fine between Rs 10 lakh and Rs 1 crore. There is no specific provision for the theft or destruction of question papers.
Those found conspiring with examination authorities face seven to 10 years in prison and a minimum fine of Rs 1 crore.
Upon conviction, examinees are not be allowed to sit for future exams for two years.
After the question paper for the Rajasthan Eligibility Examination for Teachers was leaked and was sold for more than Rs 1 crore, the Assembly passed the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill last year.
The Act covers all recruitment exams conducted by the state government, including independent agencies.
Cheating by an examinee draws up to three years in prison and a minimum fine of Rs 1 lakh. Service providers and individuals found conspiring to cheat face five to 10 years in prison and fines between Rs 10 lakh and Rs 1 crore. There are no provisions, however, covering conspiring with examination authorities or stealing question papers. Those convicted are to be disbarred from future exams for two years.
The Haryana Public Examination (Prevention of Unfair Means) Bill, which has been in force since 2021, has provisions which propose 10-year jail term for offenders and also attachment of property of the convicted persons for the recovery of fine.
It also provides a seven-year jail term and a minimum fine of Rs 1 lakh for any person, entrusted with the duty to conduct public exams, who contravenes or attempts or abets to contravene any of the provisions of the Act.
