NDTV Explains: 10 Year Jail Term, 1 Crore Fine: Centre's New Anti-Cheating Bill

The government on Monday introduced a new bill to punish those guilty of leaking exam question papers - whether for school exams, college entrance tests, or applications for government jobs.

The new bill will not target students who take exams in good faith. Under the Public Examinations (Prevention of Unfair Means) Bill, only those who leaked exam papers, or tampered with answer sheets, by colluding with government officials will face up to 10 years in jail and fine of Rs 1 crore.

Significantly, all offences under this bill shall be cognisable, non-bailable, and non-compoundable, meaning police will be empowered to act on its own (and arrest suspects without a warrant), the accused will not be entitled to bail, and the alleged offences cannot be settled via compromise.

"Leaking Exam Papers An Unholy Act": Union Minister

"Any exam wants to test the real level, the knowledge and mental capability, of all candidates. If there is an unfair advantage to any one person, or group of people, this is not good for the growth of the nation," Rajkumar Ranjan Singh, the junior Union Education Minister, told NDTV this morning.

"He, or she, may pass with a high score... but he, or she, may not be able to contribute anything to the growth of the country. So, in the long run, we want capable citizens by 2047," he said.

"So we have to have this bill... to prohibit unfair advantage for some in competitive exams."

Mr Singh told NDTV the new bill will also cover government employees and third-party agencies (including digital platforms that host competitive exams) found guilty of leaking question papers.

What Else Does New Anti-Cheating Bill Say

As part of this new bill, which must clear Parliament and receive President Droupadi Murmu's assent to become law, a high-level technical committee will be set up to make recommendations to make the examination process - in many cases now shifting to digital platforms - as secure as possible.

These recommendations will include fool proof IT security systems, surveillance of examination centres, and minimum standards of physical and digital infrastructure for all exam centres.

Any person or group found guilty of leaking a paper, or tampering with answer sheets will receive a minimum three-year jail term. This can be extended to five years with a fine up to Rs 10 lakh.

Service providers who do not report a possible offence can be fined up to Rs 1 crore.

Senior managers of such firms may be jailed for up to 10 years and/or receive a similar fine.

Finally, those found guilty of the "organised crime of paper leak" may receive jail terms of five to 10 years, and have to pay fines of up to Rs 1 crore.

Which Exams Are Covered By New Bill?

Among other authorities, including those that may be notified/added to this list in the future, exams conducted by the below agencies will be covered under the proposed anti-cheating bill.

1. Union Public Service Commission (i.e., for civil service entrance exams)
2. Staff Selection Commission (i.e., for posts in union ministries and subordinate offices)
3. Railway Recruitment Boards (i.e., for certain kinds of jobs in the Indian Railways)
4. Institute of Banking Personnel Selection (i.e., for all public sector banks, except State Bank of India)
5. National Testing Agency (i.e., for entrance exams for admission to higher educational institutions)