Bill references Bharatiya Nyaya Sanhita for fines, IPC applies until new law

This Bill aims to prevent unfair means in public examinations by defining specific offences and establishing strict penalties for individuals and institutions involved in cheating, leakage, or disruption. It seeks to ensure the integrity of exams conducted by public authorities in India.

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. It also applies to police officers and Central Investigating Agencies for investigation purposes.

• Defines 'unfair means' to include leakage of question papers, tampering with answer sheets, unauthorized assistance, creating fake websites, and conducting fake examinations.
• 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 do so is an offence.
• Specifies that all offences are cognizable, non-bailable, and non-compoundable.
• Prescribes punishment for general offences as imprisonment of 3 to 5 years and a fine up to 10 lakh rupees.
• Prescribes punishment for service providers as a fine up to 1 crore rupees, recovery of examination costs, and a 4-year ban from conducting public examinations.
• Prescribes punishment for senior management of service providers involved in offences as imprisonment of 3 to 10 years and a fine of 1 crore rupees.
• Prescribes punishment for 'organised crime' as imprisonment of 5 to 10 years and a fine of at least 1 crore rupees, with potential 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 the public examination authority to be public servants under the Bharatiya Nyaya Sanhita, 2023.

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