Anti-paper leak law for exams comes into effect amid NEET, UGC-NET row; Jail term and hefty fines introduced

In response to the recent issues surrounding the NEET and UGC-NET exams, the Indian government has implemented new legislation aimed at preventing paper leaks and cheating. The Public Examinations (Prevention of Unfair Means) Act, 2024, which came into effect on June 21, introduces stringent penalties for those found guilty of malpractices.

A gazette notification issued by the Ministry of Personnel, Public Grievances and Pensions said, "In exercise of the powers conferred by sub-section (2) of section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the central government hereby appoints the 21st day of June 2024, as the date on which the provisions of the said Act shall come into force."

The Bill was passed by the two Houses of Parliament in the Budget session which concluded on February 10. It seeks to prevent the use of "unfair means" in public examinations and bring "greater transparency, fairness and credibility".

According to Education Minister Dharmendra Pradhan, the Act was passed in February and its implementation was awaited. He stated, "The law ministry was framing the rules." The Act mandates a minimum jail term of three years, extendable to five years, along with a fine of up to ₹10 lakh for individuals involved in leaking papers or tampering with answer sheets.

Examination service providers are also liable under the Act. Those failing to report possible offences can be fined up to ₹1 crore. Additionally, senior officials from service providers implicated in malpractices could face imprisonment ranging from three to ten years, along with a fine of ₹1 crore.

If an examination authority or service provider commits an organized crime, the jail term will be a minimum of five years, with a maximum of 10, and the fine will remain ₹1 crore. The Act mentions the Bharatiya Nyaya Sanhita, specifying that the provisions of the Indian Penal Code will remain in effect until its implementation.

The NEET-UG 2024 exam, which saw nearly 24 lakh participants, faced allegations of question paper leaks and grace marks being awarded to over 1,500 students. The results, announced on June 4, triggered protests and legal actions. Similarly, the UGC-NET exam was cancelled just a day after it was held, following reports of question leaks.

Addressing a press conference, Education Minister Pradhan described allegations of leaks as isolated incidents but acknowledged moral responsibility. The opposition has criticized the government over these issues, with the matter expected to be raised in the upcoming parliamentary session.

The Public Examinations (Prevention of Unfair Means) Act, 2024, aims to bring greater transparency, fairness, and credibility to public examinations. It prohibits the disclosure of exam-related confidential information before time and unauthorized individuals from entering exam centers to create disruptions. Offences under the Act will be punishable with imprisonment between three and five years and a fine of up to ₹10 lakh.

The NEET-UG 2024 exam was conducted on May 5 and its results were declared on June 4, ahead of its scheduled announcement date of June 14.

The NEET-UG examination, conducted by the National Testing Agency (NTA), paves the way for admission to MBBS, BDS, AYUSH and other related courses in government and private institutions across the country.

On June 13, the NTA informed the Supreme Court that the scorecards of 1563 candidates who were awarded "grace marks" in the NEET-UG 2024 exam would be cancelled and these candidates would have an option to reappear for the exam on June 23, the results of which will be declared before June 30, or forgo the compensatory marks given for the loss of time.

(With inputs from Agencies)