File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Fight Against Cheating: How Laws Are Shaping Fair Competition

Key Takeaways:

It is a new act passed by the legislature to curb cheating and unfair practices during public examinations
To promote fair play, and ensure that everyone has fair and equal opportunity
To penalize any offender as mentioned below.
No More Shortcuts in Public Examinations.

Introduction
Examinations are a critical component of the education system, designed to assess a student's knowledge and understanding of various subjects. However, the integrity of this assessment process is often compromised by unfair means, commonly known as cheating. To uphold the sanctity of examinations and ensure a fair evaluation of students' abilities, the "Public Examination (Prevention of Unfair Means) Act" was introduced in the year 2024.

Purpose of the Act
The primary purpose of the Anti-Cheating Law is to prevent, detect, and penalize the use of unfair means during public examinations. It aims to maintain the credibility of the examination process by ensuring that all candidates are evaluated on an equal footing, based solely on their merit and preparation.

Scope of the Act
The Act applies to all public examinations conducted by recognized educational boards, universities, and other institutions across the country.

It encompasses various forms of unfair practices, including but not limited to:

Copying from unauthorized materials
Use of electronic devices for cheating
Impersonation by another individual
Leaking of question papers
Collusion with examination officials

Key Provisions:

Prohibition of Unfair Means: The Act categorically prohibits the use of any unfair means during examinations. Candidates found engaging in such practices are subject to legal action.
Penalties: The Act prescribes stringent penalties for those found guilty of cheating. This may include fines, imprisonment, cancellation of examination results, and a ban on appearing in future examinations.
Responsibilities of Examination Authorities: The Act mandates examination authorities to take preventive measures, such as frisking of candidates, installation of CCTV cameras, and other surveillance mechanisms, to curb cheating.
Role of Law Enforcement: The Act empowers law enforcement agencies to investigate cases of cheating, arrest offenders, and assist in the prosecution process.

Penalties Under the Act
The penalties under the Act serve as a deterrent to those considering cheating. Depending on the severity of the offense, penalties may include:

As per Section 9 of the act states that all offences shall be cognizable, non-bailable, and non-compoundable. In cognizable offences, police has a duty to investigate the case without seeking permission from the Magistrate.
A non-compoundable offence is one in which the case cannot be withdrawn by the complainant even when the complainant and the accused have reached a compromise, and a trial must necessarily follow.
It means that an arrest can be made without a warrant and bail will not be a matter of right; rather, a magistrate will determine whether the accused is fit to be released on bail.
As per Section 10 of the act, punishment for "any person or persons resorting to unfair means and offences" can be three to five years in prison, and a fine up to Rs 10 lakh.
If the convict fails to pay the fine, "an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyay Sanhita, 2023.
The punishment for a service provider, engaged by the public examination authority for the conduct of examinations, shall also be liable to be punished with imposition of a fine up to Rs 1 crore and proportionate cost of examination shall also be recovered from it, if the service provider is involved in illegal practices.

Need for the law
History has it that cheating has been one of the major issues in our educational system along with lack of proper legislation to govern such acts,

CBSE Paper Leak (2018)
CBSE paper leak in the year 2018 was one of the biggest examination scandals where the Mathematics paper of Class 10 and the Economics paper of Class 12 were leaked at the social networking sites before the actual dates of examinations and it caused troubles for more than two millions of students.

Impact on the Education System
Since the enactment of the Anti-Cheating Law, there has been a noticeable reduction in cases of cheating in public examinations. The law has instilled a sense of fear among potential offenders, leading to a more disciplined approach to examinations. Moreover, it has helped restore public confidence in the examination system, ensuring that merit, not malpractice, determines a student's future.

Conclusion
The "Public Examination (Prevention of Unfair Means) Act" is a vital piece of legislation that safeguards the integrity of the examination process. By enforcing strict penalties for cheating and promoting fair practices, the Act ensures that the education system remains a true reflection of a student's capabilities and hard work. However, it is very crucial to inform students about this act, and ensure that they do not engage in any activity that might hamper their future.