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Taxmann's Public Examinations (Prevention of Unfair Means) Act 2024 – Bare Act with Section Notes

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Amendments made by Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 at a glanceI-9

Speech by Dr. Jitendra Singh, Minister of State in Parliament on 28-7-2026I-11

Table of Offences under Public Examinations (Prevention of Unfair Means) Act, 2024 as amended by Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 I-13

Comparative study of Provisions of pre-amended Public Examinations (Prevention of Unfair Means) Act, 2024 and Provisions of Public Examinations (Prevention of Unfair Means) Act, 2024 as amended by Public Examinations (Prevention of Unfair Means) Amendment Act, 2026I-15

PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024

Appendix V: Section 112 of Bharatiya Nyaya Sanhita, 2023 (As applicable w.e.f. 1-7-2024) 55 SUBJECT INDEX 57

PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) RULES, 2024

CHAPTER I

PRELIMINARY

1. Short title and commencement 59

2. Definitions 59

CHAPTER II

ENGAGEMENT OF SERVICES OF OTHER GOVERNMENT AGENCIES BY THE PUBLIC EXAMINATION AUTHORITY

3. Engagement of services of other government agencies by public examination authority 60

CHAPTER III

COMPUTER BASED TEST

4. Computer Based Test 60

CHAPTER IV

NORMS, STANDARDS AND GUIDELINES FOR THE COMPUTER BASED TEST

5. Preparations of norms, standards and guidelines 61

CHAPTER V CENTRE COORDINATOR FOR PUBLIC EXAMINATION

6. 61

CHAPTER VI

REPORTING OF INCIDENTS OF UNFAIR MEANS OR OFFENCES

7. Reporting of incidents of unfair means or offences 62

CHAPTER VII

PROCEDURE TO BE FOLLOWED IN RESPECT OF PUBLIC SERVANT

8. Procedure to be followed in respect of public servant 62

FORM 1 : Format for reporting of unfair means or offence by venue in charge

FORM 2: Format for use by centre coordinator for reporting of unfair means or offence in case service provider or a public servant is involved

SPEECH BY DR. JITENDRA SINGH, MINISTER OF STATE IN PARLIAMENT ON 28-7-2026

DR. JITENDRA SINGH, THE MINISTER OF STATE OF THE MINISTRY OF SCIENCE AND TECHNOLOGY; MINISTER OF STATE OF THE MINISTRY OF EARTH SCIENCES; MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE; MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS; MINISTER OF STATE IN THE DEPARTMENT OF ATOMIC ENERGY; AND MINISTER OF STATE IN THE DEPARTMENT OF SPACE moving the motion for consideration and passing of the Bill said :

This Bill is an amendment to the earlier Bill, the Public Examinations (Prevention of Unfair Means) Act, 2024. It is a reaffirmation of this Government’s deep commitment to safeguarding the welfare of the students and the youth of this country. This Bill can be described as a milestone legislation in the history of the Indian Parliament.

There are four major recruitment agencies under the Government of India — the UPSC, the Staff Selection Commission, the Railway Recruitment Board and the Institute of Banking Personnel Selection. For admissions to higher education, the National Testing Agency was established in the year 2017 by this very Government. In 2024, this Bill was brought in during the month of January 2024, enacted in February 2024, implemented in June 2024, and notified in the same month. The main objectives of this Bill are to give more credibility and transparency to examinations, to reassure students that they would be rewarded for their genuine and sincere efforts, and to ensure that their future is safe. This Bill and the Act was made applicable to all the agencies. The offences under it were made non-bailable and non-compoundable. This Amendment is being brought in to make the law more stringent and to ensure speedy justice, so that the credibility of all these exams gets enhanced and gets reinstated. The Fine for service providers is being increased to 5 crore. As per the Act of 2024 the provider will be barred from conducting any exam for the next four years. In the present amendment it is being increased to eight years. So, any service provider, found guilty of indulging in any kind of misappropriation or malpractice will be debarred from conducting an exam for the next or the subsequent eight years. For senior management persons and Directors, the imprisonment was from three to ten years in the earlier Act and now it is being increased from five to ten years. The fine was up to Rs. 1 crore and now it has been increased to Rs.

5 crore. To ensure speedy justice, we will have special fast track courts established only for the cases dealing with unfair means in examinations, whether it is a special taskforce or central agency. The Bill provides for special Fast Track Courts wherein investigation will have to be completed within a span of two months. I think that this is one of the most important components incorporated in this Amendment. Appeal will not be allowed to be made before less than Double Bench of a High Court and appeal can be made within 30 days. Under the provisions of our Indian Penal Code, remedies for such offences will also remain in place. A Task Force has also been announced to recommend reforms to make the exam system leak-proof. The policy of this Government is one of utmost integrity, and this amendment too has been brought forward as part of a sincere and honest effort. I am confident that no leader of any party, nor any Honourable Member of this House, will have any objection to it.

SPEECH

TABLE OF OFFENCES UNDER PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024 AS AMENDED BY PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) AMENDMENT ACT, 2026

Sr. No. Offence under the Public Examinations (Prevention of Unfair Means) Act, 2024

Definition of the Offence Punishment

1Unfair MeansSection 3Section 10

2Conspiracy for unfair meansSection 4 Section 10

3Disruption to Conduct public examinationSection 5Section 10

4Non-reporting of offences under section 5 or 4 by service provider

5No premises other than approved examination centre shall be used for public examination

6Offences in respect of service providers and other persons

Section 6Section 10

Section 7Section 10

Section 8Section 10

7Organised crimesSection 2(1) (h) Section 11

Notes:

(1) Candidate, as defined in section 2(1)(a), is not liable for action under the purview of Public Examinations (Prevention of Unfair Means) Act, 2024 and shall continue to be covered under extant administrative provisions of concerned Public Examination Authority. [Statement of Objects and Reasons]

(2) All the offences under the Act as above are cognizable, non-bailable and noncompoundable.

(3) All the offences under the Act as above are Scheduled offences under the Criminal Law (Amendment) Ordinance, 1944.

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