PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024
Arrangement of sections
6. Other offences 17
7. No premises other than examination centre shall be used for public examination 18
8. Offences in respect of service providers and other persons 19
CHAPTER III PUNISHMENT FOR OFFENCES
9. Cognizable offences 21
10. Punishment for offences under this Act 21 11. Organised crimes 23 CHAPTER IV
AND INVESTIGATION 12. Officers empowered to investigate 24
PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) RULES, 2024
Unfair means.
CHAPTER II
UNFAIR MEANS AND OFFENCES
3. The unfair means relating to the conduct of a public examination shall include any act or omission done or caused to be done by any person or group of persons or institutions, and include but not be restricted to, any of the following acts for monetary or wrongful gain—
(
i) leakage of question paper or answer key or part thereof;
(ii) participating in collusion with others to effect leakage of question paper or answer key;
(
iii) accessing or taking possession of question paper or an Optical Mark Recognition response sheet without authority;
(
iv) providing solution to one or more questions by any unauthorised person during a public examination;
(
v) directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination;
(vi) tampering with answer sheets including Optical Mark Recognition response sheets;
(vii) altering the assessment except to correct a bona de error without any authority;
(viii) wilful violation of norms or standards set up by the Central Government for conduct of a public examination on its own or through its agency;
(ix) tampering with any document necessary for short-listing of candidates or nalising the merit or rank of a candidate in a public examination;
(x) deliberate violation of security measures to facilitate unfair means in conduct of a public examination;
(xi) tampering with the computer network or a computer resource or a computer system;
(xii) manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations;
(xiii) threatening the life, liberty or wrongfully restraining persons associated with the public examination authority or the service provider or any authorised agency of the Government; or obstructing the conduct of a public examination;
(xiv) creation of fake website to cheat or for monetary gain; and
(xv) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain.
SECTION ANALYSIS
3.1 General
Chapter II of PEA relates to Unfair means and offences.
Chapter II consists of sections 3 to 8.
Section 3 de nes the offence of unfair means in relation to the conduct of any public examination.
Section 4 de nes the offence of conspiracy for unfair means.
Section 10(1) prescribes the punishment for the offence of unfair means.
The offence of unfair means under section 3 is cognizable, non-bailable and noncompoundable. [Section 9]
Offence of unfair means is a Scheduled offence under the Criminal Law (Amendment) Ordinance, 1944.
3.2 Unfair means
The offence of unfair means is de ned in relation to the conduct of a public examination.
Section 2(1)(e) de nes the expression “conduct of public examination”. The expression “conduct of public examination” shall include all the procedures, processes and activities, as may be prescribed, for being adopted for the conduct of public examination.
The de nition of “unfair means” has two limbs.
3.3 First limb of the de nition
The rst limb of section 3 covers any act or omission done or caused to be done by any person or group of persons or institutions. [Paras 3.4 to 3.7 below]
3.4 “Conduct of public examination”
The “act or omission” mentioned in the rst limb should be read in context of de nition of “conduct of public examination” in section 2(1)(e).
Thus, “unfair means” covers any act or omission which is a deviation/lapse from procedures, processes and activities prescribed for conduct of any public examination for monetary or wrongful gain.
3.5 Act/Omission
The words “act” and “omission” are not de ned in PEA. By virtue of section 2(2), these words will have the same meaning as in section 33 of IPC,1860.
According to section 33 of IPC, the word “act” denotes as well a series of acts as a single act.
According to section 33 of IPC, the word “omission” denotes a series of omissions as a single omission.
3.6 Person
De nition in section 3(42) of General Clauses Act, 1897 shall apply [Section 2(2) of PEA] [See para 2.8-3]
3.7 Wrongful gain
“wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. [Para 1 of section 23 of IPC read with section 2(2) of PEA]
3.8 Second limb of the de nition - 15 illustrative acts of “unfair means”
The second limb of section 3 uses the words “and include but not be restricted to” and covers an illustrative list of 15 acts committed in relation to conduct of public exams for monetary or wrongful gain. The following is the illustrative list of 15 acts:
(i) leakage of question paper or answer key or part thereof;
(ii) participating in collusion with others to effect leakage of question paper or answer key;
(iii) accessing or taking possession of question paper or an Optical Mark Recognition response sheet without authority;
(iv) providing solution to one or more questions by any unauthorised person during a public examination;
(v) directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination;
(vi) tampering with answer sheets including Optical Mark Recognition response sheets;
(vii) altering the assessment except to correct a bona de error without any authority;
(viii) wilful violation of norms or standards set up by the Central Government for conduct of a public examination on its own or through its agency;
(ix) tampering with any document necessary for short-listing of candidates or nalising the merit or rank of a candidate in a public examination;
(x) deliberate violation of security measures to facilitate unfair means in conduct of a public examination;
(xi) tampering with the computer network or a computer resource or a computer system;
(xii) manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations;
(xiii) threatening the life, liberty or wrongfully restraining persons associated with the public examination authority or the service provider or any authorised agency of the Government; or obstructing the conduct of a public examination;
(xiv) creation of fake website to cheat or for monetary gain; and
(xv) conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain.
3.9 Leakage of question papers
This unfair means is also punishable under section 112 of Bharatiya Nyaya Sanhita, 2023 as Petty Organised crime.
“Petty Organised Crime” inter alia covers unauthorised selling of question papers. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force [Section 15 of PEA]
3.10 Conspiracy for unfair means
See section 4
3.11 Duty to report Offence of unfair means u/s 3
If unfair means committed, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority [Section 6]
If service provider commits it, the public examination authority shall report the same to the concerned police authorities [Proviso to section 6]
3.12 Punishment for unfair means
See section 10(1)
3.13 Cognizable, non-bailable and non-compoundable
Offence of unfair means is Cognizable, non-bailable and non-compoundable [Section 9]
3.14 Offence of unfair means is a Scheduled offence under Criminal Law (Amendment) Ordinance, 1944
Offence of unfair means is a Scheduled offence under Criminal Law (Amendment) Ordinance,1944 [See section 19 of PEA]
3.15 Implication of offences under PEA being made Scheduled Offences under the Criminal Law (Amendment) Ordinance, 1944
The provisions of attachment, forfeiture and sale of property of offender under the Criminal Law (Amendment) Ordinance, 1944, shall apply in respect of offences punishable under PEA.
Conspiracy for unfair means.
4. No person or group of persons or institutions shall collude or conspire to facilitate indulgence in any such unfair means.
SECTION ANALYSIS
4.1 Offence
No person or group of persons or institutions shall collude or conspire to facilitate indulgence in any such unfair means. [Section 4]
4.2 Ingredients of Offence
4.2-1 “Person”
The term “person” shall include any company or association or body of individuals, whether incorporated or not [Section 3(42) of the General Clauses Act,1897 read with section 2(2) of PEA]
4.2-2 How a single person can collude or conspire
Collusion and conspiracy requires multiplicity of parties. So how a single person can be part of collusion or conspiracy?
It appears that the use of the expression “a person” is intended to cover cases where a person such as Company/LLP/ Firm/AOP/BOI is involved in unlawful activity through collusion and conspiracy of its employees /partners/members.
4.2-3 “Conspiracy”/ “Conspire”
The term “Conspiracy”/ “Conspire” is not de ned in PEA.
In view of section 2(2) of PEA, it will have the meaning assigned to it in any other law if de ned in that law. Therefore, “wrongful gain” is to be understood as de ned in section 120A of IPC.1
1. Section 61 of Bharatiya Nyaya Sanhita, 2023 (BNS).
When two or more persons agree to do, or cause to be done,—
(1) An illegal act, or
(2) An act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
4.2-4 De nition of “institutions”
See section 2(1)(f)
4.2-5 De nition of “unfair means”
See section 3
4.3 Duty to report Offence of conspiracy for unfair means u/s 4
If offence conspiracy or collusion unfair means u/s 4 is committed, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority [Section 6]
If service provider commits it, the public examination authority shall report the same to the concerned police authorities [Proviso to section 6]
4.4 Punishment for conspiracy for unfair means
See section 10(1)
4.5 Cognizable, non-bailable and non-compoundable
Offence u/s 4 is Cognizable, non-bailable and non-compoundable [Section 9]
4.6 Offence of conspiracy for unfair means is Scheduled offence under Criminal Law (Amendment) Ordinance, 1944
Offence of unfair means is Scheduled offence under Criminal Law (Amendment) Ordinance, 1944 [See section 19 of PEA]
4.7 Implication of offences under PEA being made Scheduled Offences under the Criminal Law (Amendment) Ordinance, 1944
The provisions of attachment, forfeiture and sale of property of offender under the Criminal Law (Amendment) Ordinance, 1944, shall apply in respect of offences punishable under PEA.
Disruption to conduct public examination.
5. (1) No person, who is not entrusted or engaged with the work pertaining to the public examination or conduct of public examination or who is not a candidate, shall enter the premises of the examination centre, with intent to disrupt the conduct of the public examination.
(2) No person authorised, engaged or entrusted with the duties to conduct public examination shall, before the time xed for opening and distribution of question papers—
(a) open, leak or possess or access or solve or seek assistance to solve such question paper or any portion or a copy thereof in unauthorised manner for monetary or wrongful gain;
(
b) give any con dential information or promise to give such con dential information to any person, where such con dential information is related to or in reference to such question paper for monetary or wrongful gain.
(3) No person, who is entrusted or engaged with any work pertaining to public examination shall, except where he is authorised in furtherance of his duties so to do, reveal or cause to be revealed or make known to any other person any information or part thereof which has come to his knowledge for any undue advantage or wrongful gain.
SECTION ANALYSIS
5.1 Entry of unauthorised persons in the examination centre with intent to disrupt the conduct of the public examination [Sub-section (1)]
Sub-section (1) deals with unauthorised persons entering the examination centre with intent to disrupt the conduct of the public examination.
Sub-section (1) provides that no person, who is not entrusted or engaged with the work pertaining to the public examination or conduct of public examination or who is not a candidate, shall enter the premises of the examination centre, with intent to disrupt the conduct of the public examination.
5.2 Unauthorised opening or leaking or accessing or solving question paper before time xed for opening and distribution of question papers
No person authorised, engaged or entrusted with the duties to conduct public examination shall, before the time xed for opening and distribution of question papers––
(a) open, leak or possess or access or solve or seek assistance to solve such question paper or any portion or a copy thereof in unauthorised manner for monetary or wrongful gain.
(b) give any con dential information or promise to give such con dential information to any person, where such con dential information is related to or in reference to such question paper for monetary or wrongful gain.
5.3 Persons engaged or entrusted with any work pertaining to examination divulging any information for any undue advantage or wrongful gain [Sub-section (3)]
Sub-section (3) deals with persons engaged or entrusted with any work pertaining to examination divulging any information or part thereof which has come to his knowledge for any undue advantage or wrongful gain.
Sub-section (3) provides that no person, who is entrusted or engaged with any work pertaining to public examination shall, except where he is authorised in furtherance of his duties so to do, reveal or cause to be revealed or make known to any other person any information or part thereof which has come to his knowledge for any undue advantage or wrongful gain.
5.4 Duty to report Offence u/s 5
If offence u/s 5 is committed, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority. [Section 6]
If service provider commits it, the public examination authority shall report the same to the concerned police authorities [Proviso to section 6]
5.5 Punishment for offence u/s 5
See section 10(1)
5.6 Cognizable, non-bailable and non-compoundable
Offence u/s 5 is Cognizable, non-bailable and non-compoundable [Section 9]
5.7 Offence u/s 5 is a Scheduled Offence under Criminal Law (Amendment) Ordinance, 1944
Offence u/s 5 is a Scheduled offence under Criminal Law (Amendment) Ordinance, 1944 [See section 19 of PEA]
5.8 Implication of offences under PEA being made Scheduled Offences under the Criminal Law (Amendment) Ordinance, 1944
The provisions of attachment, forfeiture and sale of property of offender under the Criminal Law (Amendment) Ordinance, 1944, shall apply in respect of offences punishable under PEA.
Other offences.
6. If any person or group of persons or institution commits any unfair means or offence under sections 3, 4 and section 5, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority:
Provided that if the service provider resorts to unfair means and commits the offence or is involved in facilitating an offence, the public examination authority shall report the same to the concerned police authorities.
SECTION ANALYSIS
6.1 Non-reporting of unfair means and offences under sections 3 to 5 by service provider
If any person or group of persons or institution commits any unfair means or offence under sections 3, 4 and section 5, the service provider shall forthwith report the offence to the concerned police authorities and also inform the public examination authority [Section 6]
Service provider or any person associated with it shall be deemed to have committed an offence if he fails to report incidence of any unfair means or commission of any offence. [Section 8(2)]
See section 10(1) and section 10(2).
6.2 Non-reporting by public examination authority of unfair means or offences by service provider
Provided that if the service provider resorts to unfair means and commits the offence or is involved in facilitating an offence, the public examination authority shall report the same to the concerned police authorities. [Proviso to section 6]
See section 14
6.3 Punishment for offence u/s 6
See section 10(1) and section 10(2)
6.4 Cognizable, non-bailable and non-compoundable
Offence u/s 6 is Cognizable, non-bailable and non-compoundable [Section 9]
6.5 Offence u/s 6 is a Scheduled offence under Criminal Law (Amendment) Ordinance, 1944
Offence u/s 6 is a Scheduled offence under Criminal Law (Amendment) Ordinance, 1944 [See section 19 of PEA]
6.6 Implication of offences under PEA being made Scheduled Offences under the Criminal Law (Amendment) Ordinance, 1944
The provisions of attachment, forfeiture and sale of property of offender under the Criminal Law (Amendment) Ordinance, 1944, shall apply in respect of offences punishable under PEA.
No premises other than examination centre shall be used for public examination.
7. It shall be an offence for the service provider or any person associated with the service provider to cause any premises, other than the examination centre, authorised by the public examination authority, to be alternatively used for the purpose of holding public examination, without the written approval of the public examination authority:
Provided that nothing contained in this section shall be an offence where any change in the examination centre without prior consent of the public examination authority is due to any force majeure
SECTION ANALYSIS
7.1 Holding public examination in any premises other than authorised examination centre without prior written approval of the public examination authority
It shall be an offence for the service provider or any person associated with the service provider to cause any premises, other than the examination centre, authorised by the public examination authority, to be alternatively used for the purpose of holding public examination, without the written approval of the public examination authority [Section 7]
7.2 No offence if alternate premises used without prior consent due to any force majeure
Provided that nothing contained in this section shall be an offence where any change in the examination centre without prior consent of the public examination authority is due to any force majeure
7.3 Punishment for offence u/s 7
See section 10(1) and section 10(2)
7.4 Cognizable, non-bailable and non-compoundable
Offence u/s 7 is Cognizable, non-bailable and non-compoundable [Section 9]
7.5 Offence u/s 7 is a Scheduled offence under Criminal Law (Amendment) Ordinance, 1944
Offence u/s 7 is a Scheduled offence under Criminal Law (Amendment) Ordinance, 1944 [See section 19 of PEA]
7.6 Implication of offences under PEA being made Scheduled Offences under the Criminal Law (Amendment) Ordinance, 1944
The provisions of attachment, forfeiture and sale of property of offender under the Criminal Law (Amendment) Ordinance, 1944, shall apply in respect of offences punishable under PEA.
Offences in respect of service providers and other persons.
8. (1) Any person, including the person associated with a service provider, shall be deemed to have committed an offence if he individually or in collusion with any other person or group of persons or institutions assists any person or group of persons or institutions in any manner unauthorisedly in the conduct of public examination.
(2) Service provider or any person associated with it shall be deemed to have committed an offence if he fails to report incidence of any unfair means or commission of any offence.
(3) Where an offence committed by a service provider is, prima facie, established during investigation to have been committed with the consent or connivance of any director, manager, secretary or other of cer of such service provider, such person shall also be liable to be proceeded against:
Provided that nothing contained in this sub-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.
SECTION ANALYSIS
8.1 Unauthorised assisting of any person or group of persons or institutions in any manner in the conduct of public examination [Sub-section (1)]
Offender: Any person, including the person associated with a service provider, shall be deemed to have committed an offence.
Act which constitutes offence: If he individually or in collusion with any other person or group of persons or institutions assists any person or group of persons or institutions in any manner unauthorisedly in the conduct of public examination.
8.2 Punishment for offence u/s 8(1)
See section 10(1) and section 10(2)
8.3 Cognizable, non-bailable and non-compoundable
Offence u/s 8(1) is Cognizable, non-bailable and non-compoundable [Section 9]
