38.6c New Delhi, India, Monday, October 14, 2024
Know The Law

Public Examination (Prevention of Unfair Means) Act notified, amid paper leakage charges [Read Notice]

By Jhanak Singh      24 June, 2024 11:55 AM      0 Comments
Public Examination Prevention of Unfair Means Act notified amid paper leakage charges

Amid a number of incidents of paper leakages, the Union government on Friday notified the Public Examination (Prevention of Unfair Means) Act, 2024, which provided stringent penalty, including a maximum jail term of 10 years and Rs one Cr fine for those indulging in such cases.

According to a Gazette notification, the Act would come into force on June 21, 2024.

It is to be noted that the question paper leak is a malaise which has made a serious question mark on the reputation, purity, sanctity and credibility of the examinations conducted by the central agency like National Testing Agency and various other organisations.

Taking note of the long felt need for stringent laws to prevent this malaise, Parliament enacted Public Examinations (Prevention of Unfair Means) Act, 2024. The Act received the assent of the President on February 12, 2024. The Act would come come into force June 21 as notified by the Central Government.

Section 2 of the Public Examinations (Prevention of Unfair Means) Act, 2024, was incorporated to supplement many a lacunae in the IPC by defining several technical terms such as service provider, computer network, communication device, etc.

Section 3 of the Act defined unfair means and offences. Section 10 provided for punishment with a minimum imprisonment of 3 years. Section 10(2) provided for imposition of Rs one crore as punishment in addition to the cost of re-examination to be recovered.

Where an offence is committed with the connivance of the Senior Manager or the Person-in-charge of the service provider firm, the imprisonment shall be for a term which may extend to 10 years with a minimum imprisonment of 3 years and fine of Rs one crore.

The Act recognised leaking of question papers and other malpractices in the conduct of examinations as an organised crime. The Act mandated that an officer, not less than the rank of a deputy Superintendent of Police or Assistant Commissioner of Police, would investigate such cases.

The Public Examinations (Prevention of Unfair Means) Act, 2024, is expressly stated to be in addition to and not in derogation of any other law in force by virtue of Section 15 thereof.

Under the Act the power of making rules to carry out the provisions of the Act was vested in the Central Government. As per Section 17 of the Act, the rules so made has to be placed before both Houses of the Parliament. Since the Act has been notified, it is now incumbent upon the Government to frame rules and place it before both houses of the Parliament for its approval.

The newly notified Act makes all offences cognizable, non-bailable, and non-compoundable.

NEET UG 2024 held on May 5, was marred with allegations of paper leakage with Bihar, Delhi and Gujarat police having lodged separate FIRs. Several candidates and students organisations demanded re-test but the central government is yet to take a decision in this regard, though it has set up panels to look into it. Subsequently, the UGC NET, held this month, was cancelled after similar charges of irregularities were made.

 

[Read Notice]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Public Examination (Prevention of Unfair Means) Act notified, amid paper leakage charges [Read Notice] Public Examination (Prevention of Unfair Means) Act notified, amid paper leakage charges [Read Notice]

Union govt. notifies the Public Examination (Prevention of Unfair Means) Act, 2024, imposing strict penalties for paper leaks, effective from June 21, 2024.

Centre tells Supreme Court scrapping NEET exam would seriously jeopardize lakhs of candidates [Read Centres Affidavit] Centre tells Supreme Court scrapping NEET exam would seriously jeopardize lakhs of candidates [Read Centres Affidavit]

Centre informs Supreme Court that scrapping NEET exam would jeopardize lakhs of candidates, emphasizing the importance of protecting honest students interests.

TRENDING NEWS


TOP STORIES

plea-filed-in-sc-for-restoring-statehood-of-j-and-k
Trending Judiciary
Plea filed in SC for restoring statehood of J&K

A plea has been filed in the Supreme Court seeking a direction to restore statehood of Jammu and Kashmir as per the assurance given before it in the case titled as 'In re Article 370 of the Constitution', in a time bound manner within a period of two months.

09 October, 2024 03:18 PM
sc-dismisses-plea-for-review-of-judgment-on-electoral-bonds-scheme
Trending Judiciary
SC dismisses plea for review of judgment on Electoral Bonds Scheme [Read Order]

The Supreme Court has dismissed a petition seeking review of the February 15, 2024 Constitution bench judgment which struck down the 2018 Electoral Bonds scheme as unconstitutional.

09 October, 2024 03:41 PM
sc-rejects-review-plea-against-judgment-allowing-states-to-levy-tax-on-minerals
Trending Judiciary
SC rejects review plea against judgment allowing states to levy tax on minerals [Read Order]

The Supreme Court has rejected a review petition against its July 25 judgment which held that States have got legislative competence to levy tax on mineral-bearing lands.

09 October, 2024 03:53 PM
sc-dismisses-review-plea-against-aug-1-judgment-on-sub-classification-of-sc-sts
Trending Judiciary
SC dismisses review plea against Aug 1 judgment on sub classification of SC/STs [Read Order]

The Supreme Court has dismissed a plea for review of its August 1, 2024 judgment which allowed the States to sub classify Scheduled Castes and Scheduled Tribes to provide preferential treatment to the disadvantaged groups among them in government jobs and education.

09 October, 2024 04:05 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email