Change in law against paper leakage tougher punishment, wider coverage | Today’s news

New Delhi: Amid furious student protests over alleged exam irregularities, the government is set to strengthen its anti-paper leak law. Amendments to the Public Examinations (Prevention of Malpractice) Act 2024, to be introduced in Parliament on Monday, will propose heavy fines and bring state public examinations under its purview, a senior government official said.

The proposed changes, approved by the Union Cabinet on Friday, come amid renewed concerns over the integrity of the examination following the National Eligibility-cum-Entrance Test (NEET-UG) paper leak controversy and growing demands for stronger safeguards against organized exam cheating.

According to a government official, a fine of up to the amount is expected in the amendment to the law ₹10 million for offenses related to paper leaks and other organized misconduct in investigations, up from the existing maximum penalty of ₹1 million for organized crime under the Act. The proposed reforms would also extend the scope of the law to all public examinations, including state examinations.

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Proposed amendments to the Public Examinations (Prevention of Malpractice) Act 2024 propose hefty fines of up to ₹10 million for paper leak offences, significantly increasing the current maximum fine of ₹1 trillion.

The government aims to address renewed concerns about the integrity of the examination following controversies such as the NEET-UG paper leak, amid student protests demanding tighter safeguards against exam cheating.

The proposed amendment will extend the scope of the law to all public examinations held at the state level, except for examinations organized by central authorities.

The Act covers a wide range of offences, including leaking of question papers, unauthorized access to examination materials, tampering with answer sheets and conducting mock examinations for financial gain.

Legal experts say institutional accountability needs to be strengthened, along with tougher sanctions, and argue for statutory duties on examining bodies and technology suppliers to prevent leaks.

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As the amendments are yet to be tabled in Parliament, the final provisions will be known only after the introduction of the bill.

The move comes hours after Prime Minister Narendra Modi announced in a video message to protesting students on Thursday night that the government would introduce a bill with stronger provisions against paper leaks during the ongoing monsoon session.

Current Provisions

The Public Examinations (Prevention of Malpractice) Act, 2024, which came into force on 21 June 2024, was introduced to curb paper leaks, organized cheating and other malpractices in public examinations following widespread concerns over alleged irregularities in examinations such as NEET and UGC-NET. The legislation was introduced to create a specialized legal framework to deal with offenses committed by various entities involved in the conduct of public examinations by the central government and its agencies.

The Act currently applies to examinations conducted by agencies including Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railway Recruitment Boards (RRB), Institute of Banking Personnel Selection (IBPS), National Testing Agency (NTA) and recruitment examinations conducted by central ministries and departments, besides other authorities notified by the Centre.

Emails seeking comment Friday night from the Cabinet Secretariat, the ministries of education, universities and the prime minister’s office were not immediately answered.

According to the existing law, the offenses are cognizable, non-chargeable and non-countable. Individuals found guilty of using unfair means face a prison sentence of between three and five years and a fine of up to ₹10 crore, while service providers may be fined up to Rs ₹1 million, apart from reimbursement of examination expenses and disqualification from conducting public examinations for four years. Organized investigative fraud is punishable by five to ten years in prison and a minimum fine ₹1 crore, while the property of the participating institutions may be attached and forfeited.

The Act identifies a wide range of offences, including leaking of question papers or answer keys, unauthorized access to question papers or optical mark recognition (OMR) sheets, tampering with answer sheets, tampering with seating arrangements, breaching security protocols, hacking computer systems, creating fake test websites, issuing fake admit cards and conducting fake exams for monetary gain.

The move comes at a time when paper leaks have become a major political issue and student protests over the NEET-UG exam are spreading across the country. Opposition parties have demanded the resignation of Education Minister Dharmendra Pradhan and sought a parliamentary debate on the examination irregularities.

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Legal view

Legal experts said the proposed amendments reflected the changing nature of investigative fraud, but argued that institutional accountability must also be strengthened.

“The proposed amendments are significant because they recognize the hard truth – fraud in investigations is no longer a separate offense but an organized crime. Legally, paper leaks go to the heart of Article 14 of the Constitution by denying similarly situated candidates an equal opportunity to compete,” said Sonam Chandwani, managing partner of KS Legal & Associates.

Chandwani said the current framework continues to focus largely on criminal consequences after a leak has occurred. “The law must evolve to impose legal responsibilities on investigative agencies, technology suppliers and external service providers who are tasked with handling confidential material,” Chandwani said. “If negligence or inadequate cyber security measures facilitate the leak, liability cannot be limited to those found in the circulation of the question papers.”

There is also a strong case for large-scale investigative fraud to be treated in the same way as other organized economic crimes, with provisions for confiscation of the proceeds of crime, speedy trials and mandatory blacklisting of those involved, she said. “A paper leak involving a national exam is not a victimless crime; it has identifiable victims that affect thousands of candidates. Ultimately, the credibility of the state is tested every time a public exam is compromised. A law that only promises stiffer penalties without ensuring institutional accountability will do little to restore public confidence,” she added.

Another cabinet decision

The Union Cabinet on Friday separately approved two more proposals worth ₹4,294 crores. These include a ₹1,264 crore project for construction of third and fourth railway line on 46 km Ballari-Guntakal section in Karnataka and Andhra Pradesh and Bhavya Rasayan scheme with expenditure ₹3,030 crore to set up three dedicated chemical parks across the country.

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The railway proposal includes the construction of the third and fourth railway lines on the 46 km Ballari-Guntakal section with 24 km in Karnataka and 22 km in Andhra Pradesh. The additional rail lines will facilitate faster movement of cargo from the Ballari-Hospete steel and cement clusters, improve connectivity to ports and improve access to key tourist destinations.

The Cabinet also approved the Bhavya Rasayan (Bharat Audyogik Vikas Yojana-Rasayan) scheme under which the Center will provide financial assistance up to ₹1,000 crore for each park, with states to be selected through a challenge-based competitive process. Each chemical park will be at least 8 square kilometers and will be built with plug-and-play infrastructure.