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Polity & Governance
Mahesh

27/07/24 11:37 AM IST

Bihar’s new anti-paper leak law

In News
  • The Bihar Assembly recently passed a Bill aimed at tackling question paper leaks and other malpractices in government recruitment examinations.
Major Provisions
  • Under the legislation, individuals found guilty of malpractices can face a prison term of 3 to 5 years and a penalty of ₹10 lakh.
  • Agencies responsible for administering these tests, known as service providers, may face a penalty of ₹1 crore, a suspension of their services for up to 4 years, and even the seizure of assets in cases of organised crime.
  • Additionally, a portion of the total cost of conducting such examinations will also be recovered from the offending service providers.
  • All offences are cognizable and non-bailable, and investigations into paper leaks will now be conducted by officers of the rank of Deputy Superintendent of Police (DSP).
  • Prime Minister Narendra Modi has implemented the law at the national level and now the Bihar government is also going to implement the law. Earlier, the law in Bihar in 1981 had the punishment of six months. This time we have made a strict law.
  • Those involved in the mischief will be sentenced to 3 to 5 years and fined up to ₹10 lakhs.
  • There is a punishment and fine up to ₹1 crore for those who commit crime in an organised manner.
Other State laws
  • Following the leak of the question paper for the Rajasthan Eligibility Examination for Teachers, which was sold for over ₹1 crore, the Assembly enacted the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill last year.
  • Similar to Bihar’s law, it covers all recruitment exams within its ambit — those conducted by the State government as well as those managed by independent agencies.
  • Cheating by an examinee can lead to imprisonment for up to 3 years and a minimum fine of ₹1 lakh.
  • Service providers and individuals involved in a conspiracy to cheat face prison terms of 5 to 10 years and fines ranging from ₹10 lakh to ₹1 crore.
  • Additionally, those convicted are debarred from taking future exams for 2 years.
  • The Jharkhand Staff Selection Commission’s preliminary exam for junior engineers was cancelled after authorities discovered that question papers had been sold for ₹15 lakh to ₹20 lakh.
  • This led to the enactment of the Jharkhand Competitive Examination (Measures for Control and Prevention of Unfair Means in Recruitment) Act, 2023. Under this legislation, examinees caught cheating can face up to 3 years of imprisonment for first offences and up to 7 years for repeat offences, along with fines.
  • Service providers implicated in cheating, including printing presses and examination authorities, can face life imprisonment and fines up to ₹10 crore.
  • If convicted, an examinee may be banned from future exams for 10 years, with a lifetime ban imposed for repeat offenders.
  • The Act also authorises the search and seizure of property if an individual is suspected of being involved in cheating or in possession of proceeds from the crime.
  • To deal with the menace, the Gujarat State government enacted the Gujarat Public Examination (Prevention of Unfair Methods) Act in February last year, covering all exams administered by public service commissions, high courts, State-funded universities and education boards.
  • While examinees found guilty of malpractices face up to 3 years in prison and a fine of Rs ₹ 1 lakh, service providers have to serve 5 to 10 years in prison along with a fine between ₹ 10 lakh and ₹ 1 crore.
  • Additionally, those found conspiring with examination authorities face 7 to 10 years in prison and a minimum fine of ₹ 1 crore.
  • Unlike the Uttarakhand law, candidates are barred from taking examinations for only two years upon conviction.
  • The Haryana Public Examination (Prevention of Unfair Means) Act, in force since 2021, stipulates a 10-year prison sentence for offenders and permits the attachment of their property to recover fines.
  • Additionally, it imposes a seven-year prison term and a minimum fine of ₹1 lakh for any person entrusted with conducting public exams who contravenes, attempts to contravene, or abets the contravention of any provisions of the Act. 
Source- The Hindu

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