As sweeping law against paper leaks takes effect, experts call for broader scope, stronger oversight

Law experts say the Act doesn't address how investigating agencies handle issues.

The Central government on June 21 notified the Public Examinations (Prevention of Unfair Means) Act, 2024 to prevent a repeat of the National Eligibility-cum-Entrance Test (NEET) UG and NET fiascos in future.

The Act aims to curb leaks, malpractices as well as organised crime in recruitment and entrance examinations, and contains provisions for a maximum jail term of 10 years and a fine of up to Rs 1 crore for those involved in organised crimes.

Law experts say the step is in the right direction but lacks long-term applicability to curb such crime. They say that since the NEET UG 2024 paper leak has shown that gangs work in tandem with officials and technology to exploit loopholes, the government should explore enlarging the scope of punishment and inspection.

For instance, Section 3 of the law enumerates various forms of "unfair means" in the conduct of public examinations. This list seeks to address new methods of unfair practices and handle unforeseen situations without definition having to be revised.

“However, the condition that unfair means must involve monetary or wrongful gain raises concerns. Examinations must uphold fairness and transparency, and any form of unfair practice should be prohibited regardless of whether it involves any gain,” Aarushi Jain, Partner at law firm Cyril Amarchand Mangaldas, told Moneycontrol.

ALSO READ | Hard work wasted, need compensation: UGC NET candidates wary of re-examination

Law experts say the Act doesn't address how investigating agencies handle issues.

According to the law, any person resorting to unfair means and offences will be punished with imprisonment for a term of 3-5 years and with a fine of up to Rs 10 lakh. Further, if a person, including an examination authority, commits an organised crime, he shall be punished with imprisonment for a term of 5-10 years and a fine of Rs 1 crore.

“It's notable that the punishment for offences ranges from 3 to 5 years imprisonment, and only in cases of organized crime does it exceed 7 years. Crossing this 7-year threshold allows police to make immediate arrests without lengthy formalities under Section 41A of the Criminal Procedure Code (CrPC)... This situation remains the same under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the CrPC,” said Sanjay Jain, Former ASG and Senior Advocate of Supreme Court.

In Jain’s opinion, strengthening investigating agencies by increasing jail terms would act as a deterrent. However, he highlighted that the Act doesn't align with other laws such as NDPS, PMLA, and UAPA, where bail often requires meeting dual conditions.

ALSO READ | In the eye of storm: Experts question NTA's readiness following NEET, NET fiasco

“I believe even the default bail period of 90 days under BNSS might be insufficient, given the interstate nature of most paper-leak investigations. Thus, extending the period for filing chargesheets from 90 to 180 days seems necessary,” Jain added.

Beyond punishment

The Act says that an officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police will investigate any offence under this Act. Further, the Central government will have the powers to refer the investigation to a central investigating agency.

“Considering that the police are already burdened with an existing workload, it would have been better if an independent agency had been entrusted with investigation,” said Rohit Jain, Managing Partner of law firm Singhania & Co.

Also, Jain highlighted that a time limit should have been specified within which the investigation ought to be completed. “Time is extremely crucial in public examinations as a delay may cause the loss of an academic year for students,” he said.

ALSO READ | F1 visa crunch: Indian students face delays, uncertainties in US admissions

India is increasingly embracing digital technology and continues to advance in this area. Embracing technology that can create a secure, unchangeable record of every step in handling question papers—from creation to delivery—can prevent unauthorised access and eliminate such issues.

The recent UGC NET paper leak is a testament to this: it emerged that questions papers had been circulated on dark web and through social media applications a few hours before the examination was scheduled to be held.

“Regular audits conducted by independent bodies can ensure ongoing security improvements under the Act,” said Alay Razvi, Partner at Accord Juris.

He added that it is crucial to protect whistleblowers who report such misconduct, “which is not the general case”, to encourage reporting and ensure their safety.