Public Examinations (Prevention of Unfair Means) Act, 2024

The Public Examinations (Prevention of Unfair Means) Act, 2024 seeks to protect the integrity of specified public examinations by preventing organised cheating and related fraud. Under Section 3, unfair means include acts or omissions connected with an examination that are done or caused for monetary or wrongful gain; the statutory list is inclusive, not exhaustive.

Leakage and unauthorised assistance

• The Act covers leakage of a question paper or answer key, including collusion to cause such leakage.
• It prohibits unauthorised access to or possession of a question paper or OMR sheet.
• It covers providing solutions during an examination through an unauthorised person and directly or indirectly assisting a candidate without authority.

Tampering and manipulation

• Prohibited conduct includes tampering with answer sheets or OMR response sheets, and altering assessment without authority except to correct a bona fide error.
• It covers tampering with documents used for short-listing candidates or determining merit or rank.
• It prohibits tampering with a computer network, computer resource or computer system, and deliberately violating examination security measures.
• It covers manipulation of seating arrangements or the allocation of examination dates and shifts to facilitate unfair means, as well as wilful violation of prescribed examination norms or standards.

Intimidation, obstruction and fraudulent examination activity

The Act also targets methods used to disrupt an examination or impersonate its official processes.

• It prohibits threatening the life or liberty of, or wrongfully restraining, persons associated with the examination authority, service provider or authorised agency, and obstructing the examination.
• It covers creating a fake website to cheat or obtain monetary gain.
• It prohibits conducting a fake examination and issuing fake admit cards or offer letters for cheating or monetary gain.
• Under Section 4, persons, groups and institutions are prohibited from colluding or conspiring to facilitate these unfair means.

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