Odisha Public Examinations (Prevention of Unfair Means) Bill, 2024

Syllabus: GS2/Governance

Context

  • The Odisha government is to enact a new law with stringent penal provisions to check cheating and other discrepancies in public examinations of the state.

About

  • The law is known as the Odisha Public Examination (Prevention of Unfair Means) Bill, 2024.
  • The law would be aimed at effectively and legally deterring persons, organised groups, or institutions that indulge in various unfair means and adversely impact the public examination systems for monetary or wrongful gains. 
  • Currently, there is no specific law in Odisha to prevent cheating in examinations.

Recent Cases of Discrepancies in Public Exams in India

  • The National Crime Records Bureau (NCRB) revealed that there are about 2,000 cases of examination malpractices recorded in the year 2018 only.
  • Four people were arrested in Bihar state for leaking the question papers of the National Eligibility Cum Entrance Test (Undergraduate).
  • The qualifying exams for the post of Review Officer/Assistant Review Officer in Uttar Pradesh, was cancelled amid allegations of paper leak.
  • These malpractices have severe financial and psychological tolls on the students, and the whole of the education system requires stronger measures to deal with them.

Impact of Examination Malpractices: 

  • Undermines Educational Integrity: When cheating and malpractices become widespread, it erodes the credibility of the examination system.
  • Devaluation of Qualifications: When malpractices affect the credibility of exams, the value of the qualifications awarded by educational institutions diminishes, affecting the employability and future prospects of all students.
  • Loss of Trust in the System: Parents and the public lose trust in the education system.
  • Psychological Impact on Students: Students feel demotivated and discouraged by the prevalence of malpractices.
  • Delay in Exams: Malpractices in public examinations lead to delays and cancellation of examinations, adversely impacting the prospects of millions of youth.
  • Additional Cost: The government has to bear additional financial burden to reconduct the examination.
Public Examination (Prevention of Unfair Means ) Act, 2024
– The Act broadly defines “unfair means” to include various malpractices, such as:
1. Leaking question papers or answer keys,
2. Assisting candidates during exams (unauthorized communication, providing solutions),
3. Tampering with computer networks or resources,
4. Impersonating candidates,Conducting fake examinations or issuing fake documents,Tampering with documents for merit lists or ranks.
Penalties and Punishments:
1. Individuals:
1.1 Imprisonment ranges from 3 to 10 years depending on the offense’s severity.
1.2 Fines up to Rs. 1 crore for organized crimes.
2. Service providers:
1.1 Fines up to Rs. 1 crore for involvement in malpractices.
1.2 Barring from conducting public examinations for 4 years.
1.3 Personal liability for directors/management involved.
3. Organized crimes:
1.1 Harsher penalties, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore
1.2 The institution involved can face property attachment and forfeiture
Investigation: 
1. All offences under the Act are cognisable, non-bailable, and non-compoundable.
2. An officer not below the rank Deputy Superintendent or Assistant Commissioner of Police will investigate the offences under the Act. 
3. The Central Government may transfer the investigation to any Central Investigating Agency.

Source: IE