Heavy Fines and Jail Time: Consequences for Unfair Means in Public Examinations under New Law
New Delhi, Feb 21 (WD): The Parliament of India has Passed The Public Examinations (Prevention of Unfair Means) Act 2024. There is provision for Punishment related to Unfair Means in Examinations: Firstly, All offences under this Act shall be cognizable, non-bailable, and non-compoundable.
Any person or persons resorting to unfair means and offences under this Act shall be punished with imprisonment for a term not less than three years but which may extend to five years and with a fine of up to ten lakh rupees. In case of default of payment of the fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023. Until the Bharatiya Nyaya Sanhita, 2023 is brought into force, the provisions of the Indian Penal Code shall be applicable in place of the said Act.
The service provider shall also be liable to be punished with the imposition of a fine up to one crore rupees, and proportionate cost of examination shall also be recovered from such service provider. He shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years.
Where it is established during the investigation that an offence under this Act has been committed with the consent or connivance of any Director, Senior Management, or the persons in charge of the service provider firm, he shall be liable for imprisonment for a term not less than three years but which may extend to ten years and with a fine of one crore rupees.
In case of default of payment of the fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023. Until the Bharatiya Nyaya Sanhita, 2023 is brought into force, the provisions of the Indian Penal Code shall be applicable in place of the said Act.
Nothing contained in this section shall render any such person liable to any punishment under the Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.
If a person or a group of persons including the examination authority or service provider or any other institution commits an organized crime, he shall be punished with imprisonment for a term not less than five years but which may extend to ten years and with a fine which shall not be less than one crore rupees.
In case of default of payment of the fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023. Until the Bharatiya Nyaya Sanhita, 2023 is brought into force, the provisions of the Indian Penal Code shall be applicable in place of the said Act.
If an institution is involved in committing an organized crime, its property shall be subjected to attachment and forfeiture, and proportionate cost of examination shall also be recovered from it.
