10-Year Jail Term for Leaking UPSC, SSC, Railway Exam Papers

The Public Examinations (Prevention of Unfair Means) Bill, 2024, introduced in the Lok Sabha on Monday, proposes stringent penalties for question paper leaks in exams conducted by UPSC, SSC, Railway and other agencies. The bill aims to bring greater transparency, fairness and credibility to the public examination systems and to reassure the youth that their sincere and genuine efforts will be fairly rewarded and their future is safe.

Background

The bill comes in the backdrop of a series of competitive tests being cancelled or postponed due to question paper leaks in various states such as Rajasthan, Haryana, Gujarat and Bihar. Question paper leaks not only undermine the sanctity of the examination process but also demoralise the honest and hardworking candidates who prepare for the exams with dedication and diligence.

Scope and Coverage

The bill covers examinations conducted by UPSC (Union Public Service Commission), SSC (Staff Selection Commission), Railway Recruitment Boards, Institute of Banking Personnel Selection, Ministries or Departments of the Central Government and their attached and sub-ordinate offices for recruitment of staff, and National Testing Agency, besides any agency nominated by the Centre. The bill also serves as a model draft for states to adopt at their discretion.

Unfair Practices and Offences

The bill outlines 15 unfair practices, such as leaking question papers, colluding to leak them, unauthorised possession of materials such as question paper or an Optical Mark Recognition response sheet, providing answers by unauthorised individuals, assisting candidates without authorisation, manipulating exam conditions, conducting fake exams, issuing fraudulent admit cards, and more.

Penalties and Punishments

Any person or persons resorting to unfair means and offences under this Act, shall be punished with imprisonment for a term not less than 3 years but which may extend to 5 years and with fine up to ₹10 lakh. If the offence is 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 10 years and with fine of ₹1 crore.

If the examination service provider is found guilty of unfair practices, they may face a fine of up to ₹1 crore. Additionally, the proportional examination costs will be recovered from them. Also, the agency will be prohibited from taking on any responsibilities for public examinations for four years.

All offences under this Act shall be cognizable, non-bailable and non-compoundable.

Implications of the Bill

The bill is expected to have several positive implications for the public examination system in India. Some of them are:

• It will deter the criminal elements from indulging in unfair means and offences that jeopardise the integrity and validity of the exams.
• It will enhance the confidence and trust of the candidates and the public in the examination process and its outcomes.
• It will ensure that merit and talent are rewarded and recognised without any bias or favouritism.
• It will improve the quality and standards of the human resources recruited through public exams.
• It will create a level playing field for all candidates irrespective of their socio-economic backgrounds.

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