Bill defines exam cheating as organised crime for strict penalties

It seeks to ensure the integrity of exams conducted by public examination authorities.

Who it concerns: The law affects candidates, scribes, public examination authorities, service providers (including their employees, agents, and sub-contractors), institutions, and any person or group involved in the conduct of public examinations.

What the bill does

• Defines 'unfair means' to include leakage of question papers, tampering with answer sheets, unauthorized assistance, and creation of fake websites or exams.
• Prohibits collusion or conspiracy to facilitate unfair means.
• Makes it an offence for unauthorized persons to enter examination premises with intent to disrupt, or for authorized persons to leak confidential information.
• Requires service providers to report offences to police and the examination authority; failure to report is an offence.
• Prohibits using premises other than authorized examination centres without written approval (except in force majeure cases).
• Holds directors, managers, or officers of service providers liable if offences are committed with their consent or connivance, unless they prove due diligence.
• Classifies all offences as cognizable, non-bailable, and non-compoundable.
• Prescribes imprisonment of 3 to 5 years and a fine up to 10 lakh rupees for general offences.
• Prescribes a fine up to 1 crore rupees, recovery of examination costs, and a 4-year ban from conducting exams for service providers.
• Prescribes imprisonment of 3 to 10 years and a fine of 1 crore rupees for senior management of service providers involved in offences.
• Prescribes imprisonment of 5 to 10 years and a fine of at least 1 crore rupees for 'organised crime', including attachment and forfeiture of property for institutions.
• Empowers officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police to investigate offences, with the Central Government able to refer cases to Central Investigating Agencies.
• Deems members and employees of public examination authorities to be public servants under the Bharatiya Nyaya Sanhita, 2023.

Also in the document

• The Bill references the Bharatiya Nyaya Sanhita, 2023, with a provision that the Indian Penal Code applies until the new Act is in force.
• It defines 'organised crime' specifically in the context of public examinations as unlawful activity committed in collusion for wrongful gain.
• The Act comes into force on a date appointed by the Central Government via notification in the Official Gazette.