The Bill also has a clause for attaching the properties of those found guilty.
Bihar, one of the epicentres of several paper leaks, including that of the NEET-UG test, has passed a stringent bill to curb malpractices in government exams.
The Bihar Public Examinations (PE) (Prevention of Unfair Means) Bill, 2024, was tabled by state Parliamentary Affairs Minister Vijay Kumar Chaudhary on Wednesday and passed with a voice vote amid a walkout by the opposition. The walkout was to protest lawlessness and the denial of special status to Bihar.
The Bill, which had first been introduced in the monsoon session, has strict provisions, including a prison term of up to 10 years and a fine of Rs 1 crore for those found guilty of involvement in irregularities in exams for both individuals and organisations. It also has a clause for attaching the properties of those found guilty and makes it difficult for people arrested for exam irregularities to get bail.
While passing its order on Tuesday in which it said there would be no retest for NEET-UG, the Supreme Court bench led by Chief Justice DY Chandrachud had also noted that the paper for the exam had been leaked for at least two centres, in Bihar's Patna and Hazaribagh in Jharkhand.
Bihar has seen several paper leaks for state-level tests and gangs from the state have also been found involved in leaking papers or tampering with the examination process for national entrance exams.
The state's paper leak bill follows the notification of a central law last month.
Under the Public Examinations (Prevention of Unfair Means) Act, 2024, which was notified on June 21, any person or persons found guilty of leaking a paper or tampering with answer sheets will receive a minimum jail term of three years. This can be extended to five years with a fine of up to Rs 10 lakh. All offences under the Act will be cognisable and non-bailable.
Examination service providers who have knowledge about a possible offence but do not report it can be fined up to Rs 1 crore.
During the investigation, if it is established that any senior official from the service provider had allowed or was involved in committing the offence, he will face imprisonment for a minimum of three years, which can go up to 10 years, and a fine of Rs 1 crore.
If the examination authority or the service provider commits an organised crime, the jail term will be a minimum of five years and a maximum of 10, and the fine will remain Rs 1 crore.
Nearly 24 lakh students had appeared for the NEET-UG 2024 for undergraduate medical courses, which is conducted by the National Testing Agency (NTA), on May 5. The results were announced on June 4, 10 days before schedule, but allegations of question paper leaks and grace marks to over 1,500 students triggered protests. Cases were also filed in courts, including the Supreme Court.