The Public Examinations (Prevention of Unfair Means) Act, 2024

The Public Examinations (Prevention of Unfair Means)

Act, 2024

(ACT NO. 1 OF 2024)

[As on the 31st July, 2026]

AMENDMENT ACT

1. The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026

(10 of 2026).

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LIST OF ABBREVIATIONS USED

Cl., cls. . . . . . for Clause, clauses.

Ins. . . . . . ,, Inserted.

Notifn. . . . . . ,, Notification.

S., ss. . . . . . ,, Section, sections.

Sch. . . . . . ,, Schedule.

Subs. . . . . . ,, Substituted.

w.e.f. . . . . . ,, with effect from.

THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024

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ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title and commencement.

2. Definitions.

CHAPTER II

UNFAIR MEANS AND OFFENCES

3. Unfair means.

4. Conspiracy for unfair means.

5. Disruption to conduct public examination.

6. Other offences.

7. No premises other than examination centre shall be used for public examination.

8. Offences in respect of service providers and other persons.

CHAPTER III

PUNISHMENT FOR OFFENCES

9. Cognizable offences.

10. Punishment for offences under this Act.

11. Organised crimes.

CHAPTER IV

INQUIRY AND INVESTIGATION

12. Officers empowered to investigate.

12A. Fast tracked investigation and Special Fast Track Courts.

12B. Appeals.

CHAPTER V

MISCELLANEOUS

13. Members, officers and employees of public examination authority to be public servants.

14. Protection of action taken in good faith by any public servant.

15. Provisions of this Act to be in addition to other laws.

16. Power to make rules.

17. Laying of rules.

18. Power to remove difficulties.

CHAPTER VI

AMENDMENT TO THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 1944

19. Amendment of Ordinance 38 of 1944.

THE SCHEDULE

THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024

ACT NO. 1 OF 2024

[12th February, 2024.]

An Act to prevent unfair means in the public examinations and to provide for matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title and commencement.—(1) This Act may be called the Public Examinations

(Prevention of Unfair Means) Act, 2024.

(2) It shall come into force on such date1 as the Central Government may, by notification in the

Official Gazette, appoint.

2. Definitions.—(1) In this Act, unless the context otherwise requires,––

(a) “candidate” means a person who has been granted permission by the public examination

authority to appear in public examination and includes a person authorised to act as a scribe on his

behalf in the public examination;

(b) “communication device” shall have the same meaning assigned to it in clause (ha) of

sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);

administratively concerned with the public examination authority;

(d) “computer network”, “computer resource” and “computer system” shall have the

meanings respectively assigned to them in clauses (j), (k) and (l) of sub-section (1) of section 2 of

the Information Technology Act, 2000 (21 of 2000);

(e) “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;

(f) “institution” means any agency, organisation, body, association of persons, business entity,

company, partnership or single proprietorship firm, by whatever name it may be called, which is

other than the public examination authority and the service provider engaged by such authority.

Explanation.—For the purposes of this clause, it is clarified that “company” includes a company

as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2003); or a limited liability

partnership firm as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability

Partnership Act, 2008 (7 of 2009);

(g) “notification” means a notification published in the Official Gazette and the expression

“notify” shall be construed accordingly;

(h) “organised crime” means an unlawful activity committed by a person or a group of

persons indulging in unfair means in collusion and conspiracy to pursue or promote a shared

interest for wrongful gain in respect of a public examination;

(i) “person associated with a service provider” means a person who performs services for or

on behalf of such service provider irrespective of whether such person is an employee or an agent

or a subsidiary of such service provider, as the case may be;

(j) “prescribed” means prescribed by rules made under this Act;

1. 21st June, 2024, vide Notifn. NO. S.O. 2422(E), dated 21st June, 2024, see Gazette of India, Extraordinary, Part II,

sec. 3(ii).

(k) “public examination” means any examination conducted by the public examination

authority, as specified in the Schedule, or conducted by such other authority as may be notified by

the Central Government;

(l) “public examination authority” means an authority as specified by the Central Government

by a notification, from time to time for conducting the public examinations;

(m) “public examination centre” means such premises, which is selected by the service

provider or otherwise selected by the public examination authority, to be used for conduct of

public examination and which, amongst others, may include any school, computer centre,

institution, any building or part thereof and the same shall include the entire periphery and land

appurtenant thereto which may be used for security and other related reasons for conduct of the

public examinations; and

(n) “service provider” means any agency, organisation, body, association of persons, business

entity, company, partnership or single proprietorship firm, including its associates,

sub-contractors and provider of support of any computer resource or any material, by whatever

name it may be called, which is engaged by the public examination authority for conduct of

public examination.

(2) Words and expressions used herein but not defined and defined under any other law for the

time being in force, shall have the same meanings as assigned to them in those laws.

CHAPTER II

UNFAIR MEANS AND OFFENCES

3. Unfair means.—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 fide error without any authority;

(viii) willful 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 finalising 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.

4. Conspiracy for unfair means.—No person or group of persons or institutions shall collude or

conspire to facilitate indulgence in any such unfair means.

5. Disruption to conduct public examination.—(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 fixed 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 confidential information or promise to give such confidential information to any

person, where such confidential 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.

6. Other offences.—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.

7. No premises other than examination centre shall be used for public examination.—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.

8. Offences in respect of service providers and other persons.—(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 officer 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.

CHAPTER III

PUNISHMENT FOR OFFENCES

9. Cognizable offences.—All offences under this Act, shall be cognizable, non-bailable and

non-compoundable.

10. Punishment for offences under this Act.—(1) Any person or persons resorting to unfair

means and offences under this Act, shall be punished with imprisonment for a term not less than 1[five

years but which may extend up to ten years and with fine up to fifty lakh rupees, and in] case of

default of payment of fine, an additional punishment of imprisonment shall be imposed, as per the

provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023):

Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the

provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.

(2) The service provider shall also be liable to be punished with imposition of a fine upto 2[five

crore rupees] and proportionate cost of examination shall also be recovered from such service

provider and he shall also be barred from being assigned with any responsibility for the conduct of

any public examination for a period of 3[eight years].

(3) Where it is established during the investigation that 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

4[five years] but which may extend to ten years and with fine of 5[five crore rupees, and in] case of

default of payment of fine, an additional punishment of imprisonment shall be imposed as per the

provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023):

Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the

provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.

(4) 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.

11. Organised crimes.—(1) If a person or a group of persons including the examination authority

or service provider or any other institution commits an organised crime, he shall be punished with

imprisonment for a term not less than 6[seven years] but which may extend to ten years and with fine

which shall not be less than 7 [ten crore rupees, and in] case of default of payment of fine, an

additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya

Sanhita, 2023 (45 of 2023):

Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions

of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.

(2) If an institution is involved in committing an organised crime, its property shall be subjected

to attachment and forfeiture and proportionate cost of examination shall also be recovered from it.

1. Subs. by Act 10 of 2026, s. 2 for “three years but which may extend to five years and with fine up to ten lakh rupees. In”

(w.e.f. 31.07.2026).

2. Subs. by s. 2, ibid., for “one crore rupees” (w.e.f. 31.07.2026).

3. Subs. by s. 2, ibid., for “four years” (w.e.f. 31.07.2026).

4. Subs. by s. 2, ibid., for “three years” (w.e.f. 31.07.2026).

5. Subs. by s. 2, ibid., for “one crore rupees. In” (w.e.f. 31.07.2026).

6. Subs. by s. 3, ibid., for “five years” (w.e.f. 31.07.2026).

7. Subs. by s. 3, ibid., for “one crore rupees. In” (w.e.f. 31.07.2026).

CHAPTER IV

INQUIRY AND INVESTIGATION

12. Officers empowered to investigate.—(1) An officer not below the rank of Deputy

Superintendent of Police or Assistant Commissioner of Police shall investigate any offence under this

Act.

(2) Notwithstanding anything contained in sub-section (1), the Central Government shall have the

powers to refer the investigation to any Central Investigating Agency 1[or a Special Task Force, as

that Government may, by notification, constitute in this behalf].

1[Provided that where the Central Government constitutes a Special Task Force under this

sub-section, such investigation shall be done only by the Special Task Force so constituted.]

2[12A. Fast tracked investigation and Special Fast Track Courts.—(1) The investigation of an

offence under this Act, shall be completed––

(a) by an officer empowered to investigate under sub-section (1) of section 12, within a period

of two months from the date on which the information was recorded by the officer in-charge of

the police station; or

(b) by a Central Investigating Agency, within a period of two months from the date of a

reference made to it by the Central Government under sub-section (2) of the said section; or

notification in this behalf by the Central Government under sub-section (2) of the said section.

(2) For the purposes of providing a speedy trial on day-to-day basis, every State Government and

Union territory Administration shall, in consultation with the Chief Justice of the concerned High

Court, by notification, designate a Court of Session, to be a Special Fast Track Court to try offences

under this Act.

(3) A Special Fast Track Court designated under sub-section (2) shall, while trying offences under

this Act, also try other offences connected thereto with which the accused may be charged under the

Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or any other law for the time being in force, at the same

trial.

(4) In every trial of an offence under this Act, the proceedings shall be continued on day-to-day

basis, until all the witnesses in attendance have been examined, unless the Special Fast Track Court,

for reasons to be recorded in writing, finds that adjournment of the same beyond the following day is

necessary:

Provided that such trial shall be completed within a period of three months from the date of filing

of the chargesheet.

(5) The cases or trials pertaining to offences under this Act or any other law for the time being in

force as specified in sub-section (3), which are pending on the date of commencement of the Public

Examinations (Prevention of Unfair Means) Amendment Act, 2026, shall stand transferred to the

Special Fast Track Court designated under sub-section (2).

(6) The trial of cases transferred under sub-section (5) shall be conducted by the Special Fast

Track Court designated under sub-section (2) from the stage it is received upon such transfer and shall

be completed within a period of three months from the date of such receipt.

(7) Every State Government and Union territory Administration shall, by notification, appoint one

or more Special Public Prosecutors for every Special Fast Track Court in accordance with

sub-section (8) of section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), for

conduct of cases under this Act.

1. Ins. by Act 10 of 2026, s. 4 (w.e.f. 31.07.2026).

2. Ins. by s. 5, ibid. (w.e.f. 31.07.2026).

(8) Every person appointed as a Special Public Prosecutor under this section, shall be deemed to

be a Public Prosecutor within the meaning of clause (v) of sub-section (1) of section 2 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and the provisions of that Sanhita shall apply

accordingly.

12B. Appeals.—(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

Sanhita, 2023 (46 of 2023), an appeal shall lie from any judgment, sentence or order, not being an

interlocutory order, of a Special Fast Track Court to the High Court.

(2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court

and shall, as far as possible, be disposed of within a period of three months from the date of admission

of the appeal.

(3) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, sentence

or order including an interlocutory order of a Special Fast Track Court.

(4) Notwithstanding anything contained in sub-section (3) of section 419 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (46 of 2023), an appeal shall lie to the High Court against an order of the

Special Fast Track Court granting or refusing bail.

(5) Every appeal under this section shall be preferred within a period of thirty days from the date

of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty

days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the

period of thirty days:

Provided further that no appeal shall be entertained after the expiry of the period of ninety days.]

CHAPTER V

MISCELLANEOUS

13. Members, officers and employees of public examination authority to be public

servants.—The Chairperson, Members, officers and other employees of the public examination

authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of

this Act, to be public servants within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023):

Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the

provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.

14. Protection of action taken in good faith by any public servant.—No suit, prosecution or

other legal proceedings under this Act, shall lie against any public servant, in respect of anything

which is done in good faith or intended to be done in the discharge of his official functions or in

exercise of his powers:

Provided that the public servants in the service of any public examination authority shall be

subject to administrative action in terms of service rules of such public examination authority:

Provided further that nothing shall prevent proceeding against such public servants where, prima

facie case exists for establishing commission of an offence under this Act.

15. Provisions of this Act to be in addition to other laws.—The provisions of this Act shall be

in addition to, and not in derogation of, any other law for the time being in force:

Provided that the provisions of this Act shall have effect notwithstanding anything inconsistent

therewith contained in any other law for the time being in force or any instrument having effect by

virtue of any such law in force.

16. Power to make rules.—(1) The Central Government may, by notification in the Official

Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:––

(a) to lay down procedures, processes and activities for being adopted for conduct of the

public examination;

(b) any other matter which is to be or may be prescribed.

17. Laying of rules.—Every rule made under this Act shall be laid, as soon as may be after it is

made, before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the expiry of

the session, immediately following the session or the successive sessions aforesaid, both Houses agree

in making any modification in the rule, or both Houses agree that the rule should not be made, the rule

shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice to the validity of

anything previously done under that rule.

18. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of

this Act, the Central Government may, by order, published in the Official Gazette, make such

provisions within three years, not inconsistent with the provisions of this Act, as appear to it to be

necessary for removal of difficulty.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before

each House of Parliament.

CHAPTER VI

AMENDMENT TO THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 1944

19. Amendment of Ordinance 38 of 1944.—In the Criminal Law (Amendment) Ordinance,

1944, in the Schedule, after serial number 5 and entries relating thereto, the following serial number

and entries shall be inserted, namely:––

“6. An offence punishable under the Public Examinations (Prevention of Unfair Means)

Act, 2024.”.

THE SCHEDULE

[See section 2(k)]

ANY EXAMINATION CONDUCTED BY—

1. Union Public Service Commission.

2. Staff Selection Commission.

3. Railway Recruitment Boards.

4. Institute of Banking Personnel Selection.

5. Ministries or Departments of the Central Government and their attached and subordinate

offices for recruitment of staff.

6. National Testing Agency.

7. Such other authority as may be notified by the Central Government.

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STATEMENT OF OBJECTS AND REASONS

Government has introduced several reforms to enhance transparency in examinations for

recruitment as well as admission to higher education institutions. These, inter alia, include

introducing self-attestation; shortening examination cycle (from 18-22 months to 6-10 months); doing

away with interviews for recruitment to Group ‘C’ and ‘D’; introduction of computer based tests and

issuance of

appointment letters through digital means under “Rojgar Mela”.

2. Malpractices in public examinations lead to delays and cancellation of examinations adversely

impacting the prospects of millions of youth. At present, there is no specific substantive law to deal

with unfair means adopted or offences committed by various entities involved in the conduct of public

examinations by the Central Government and its agencies. Therefore, it is imperative that elements

that exploit vulnerabilities of examination system are identified and effectively dealt with by a

comprehensive Central legislation.

3. The objective of the Bill is 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. The Bill is aimed at effectively and legally deterring persons,

organised groups or institutions that indulge in various unfair means and adversely impact the public

examination systems for monetary or wrongful gains. Candidate as defined in the Bill shall not be

liable for action within the purview of the Bill and shall continue to be covered under the extant

administrative provisions of the concerned public examination authority.

4. The Bill shall serve as a model draft for States to adopt at their discretion. This would aid States

in preventing the criminal elements from disrupting conduct of their State level public examinations.

5. The Bill seeks to achieve the above objectives.

DR. JITENDRA SINGH.

NEW DELHI;

The 29th January, 2024.