Up to 10 yrs in prison, Rs 10 cr penalty: What states are doing to tackle cheating in govt exams

Jharkhand Competitive Examination (Prevention and Redressal of Unfair Means in Recruitment) Bill, 2023 Last July, the Jharkhand Staff Selection Commission was forced to cancel its preliminary exams for junior engineers after the police uncovered a cheating ring that sold exam papers for amounts ranging from Rs 15 lakh to Rs 20 lakh.

Chief Minister Hemant Soren cited recent incidents of question paper leaks that had “badly affected society and the consciousness of students” preparing for recruitment exams as the impetus for this Bill. However, Opposition leaders have claimed that cheating is not as common in Jharkhand as in other states.

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 could 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 Jharkhand Bill also contains provisions for the search and seizure of property if the deputy commissioner suspects an individual is involved in cheating or is in possession of proceeds from the crime.

Uttarakhand Competitive Examination (Measures For Control and Prevention of Unfair Means in Recruitment) Act, 2023

In March, Uttarakhand introduced the anti-cheating law 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 will be disbarred from future exams for two to five years when the chargesheet is filed, rising to 10 years after conviction.

Gujarat Public Examination (Prevention of Unfair Methods) Act, 2023

Following a spate of leaked papers for government recruitment exams — there have been at least 11 cases of papers being leaked in the past decade in which more than 200 people have been arrested — the Gujarat Assembly passed an anti-cheating Bill during the Budget Session in February.

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 will not be allowed to sit for future exams for two years.

Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022

After the question paper for the Rajasthan Eligibility Examination for Teachers was leaked last year and was sold for more than Rs 1 crore, the Assembly passed an anti-cheating Bill in March 2022.

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, for conspiring with examination authorities or stealing question papers. Those convicted will be disbarred from future exams for two years.