Outrage over Exam Paper Leaks: Understanding India's Law on Exam Cheating

The cancellation of the UGC-NET 2024 marks the first time a centrally-conducted public exam has been scrapped since Parliament passed a stringent anti-paper leak law in February. This decision came on June 19 after the Union Home Ministry flagged concerns about the exam's integrity.

The UGC-NET, attempted by over 9 lakh candidates across 317 cities, is essential for PhD admissions and entry-level teaching positions at Indian universities.

India’s new Public Examinations (Prevention of Unfair Means) Bill, 2024, was introduced in the Lok Sabha on February 5, passed the next day, and cleared by the Rajya Sabha on February 9. The law aims to enhance transparency and credibility in public exams by preventing unfair practices.

Section 3 of the Act lists actions considered as using unfair means for monetary or wrongful gain. These include leaking question papers or answer keys, unauthorized access to exam materials, tampering with answer sheets, providing unauthorized solutions during exams, and assisting candidates illegally. It also covers tampering with documents necessary for candidate shortlisting, manipulating computer systems, creating fake websites, and conducting fraudulent exams or issuing fake admit cards.

A "public examination" under the Act includes those conducted by UPSC, SSC, RRBs, IBPS, and NTA, covering exams like the Civil Services, JEE (Main), NEET-UG, and UGC-NET, among others. The law also applies to all central government ministries and departments involved in recruitment.

Violations are categorized as cognizable, non-bailable, and non-compoundable offences. Offenders face imprisonment of three to five years and fines up to Rs 10 lakh, with additional penalties for non-payment. Service providers can be fined up to Rs 1 crore. Organized paper leaks attract harsher penalties, including imprisonment for five to ten years and fines not less than Rs 1 crore.

The Bill addresses the widespread issue of paper leaks in recruitment exams, with over 48 instances affecting 1.51 crore applicants for 1.2 lakh posts over the last five years. It aims to safeguard the future of youth by ensuring their efforts in public exams are fairly rewarded, enhancing the overall trust in the examination system.