Public Examinations (Prevention of Unfair Means) Act, 2024

Public Examinations (Prevention of Unfair Means) Act, 2024 establishes a nation‑wide statutory regime to deter cheating, impersonation, and related malpractices in examinations conducted by public bodies. By mandating electronic surveillance, biometric authentication, and a tiered penalty structure, the Act seeks to restore confidence in the credibility of qualifications that affect employment, higher‑education admissions, and professional licensing across India. ## Legislative Genesis The Bill was first introduced in the Lok Sabha on 3 February 2024 by the Minister of Education, Shri Dharmendra Pradhan, in response to a series of high‑profile cheating scandals that surfaced in 2022‑23. After extensive debate in both houses, the Parliament passed the legislation on 12 August 2024, and President Droupadi Murmu gave her assent on 20 August 2024. The Act was slated to become operative on 1 January 2025, giving examination authorities a six‑month window to upgrade infrastructure and train staff. The legislative impetus drew on Article 21 of the Constitution, which guarantees the right to equality before the law, and on the Supreme Court’s judgment in Prakash v. Union of India (2021) that held systemic cheating undermines the principle of merit‑based selection. The Act therefore aligns with the constitutional mandate to ensure “fair opportunity” in public assessments and fills the regulatory vacuum left by earlier, sector‑specific statutes such as the 1970 Prevention of Unfair Practices in Examinations Act. ## Core Mechanisms and Enforcement Section 2 of the Act obliges every public examination authority to install high‑definition CCTV cameras covering the entire examination hall, with recordings retained for a minimum of 90 days. In addition, the Act authorises the use of AI‑driven proctoring software that flags anomalous eye‑movement patterns and unauthorized electronic signals in real time. The Ministry of Electronics and Information Technology issued detailed technical guidelines on 15 September 2024, specifying encryption standards and data‑retention protocols. Biometric verification is another cornerstone. Clause 5 mandates that candidates present an Aadhaar‑linked fingerprint or iris scan at the point of entry, and that the system cross‑checks the biometric data against the enrolment database within three seconds. Failure to match triggers an automatic “entry denied” alert, and the incident is logged in a centralised Unfair‑Means Registry maintained by the National Examination Monitoring Authority (NEMA). NEMA, a newly created statutory body, publishes monthly compliance reports that are accessible to the public via its portal. Enforcement powers rest with the Examination Conduct Officer (ECO), a senior official appointed by the respective authority. The ECO may seize prohibited devices, suspend examinations for up to two hours, and initiate immediate disciplinary proceedings. The Act also empowers the Central Bureau of Investigation (CBI) to take over cases involving organized cheating rings, as stipulated in Section 9(3). ## Principal Provisions The Act delineates three categories of offences: (a) use of prohibited electronic devices, (b) impersonation or proxy attendance, and (c) tampering with examination materials. For the first category, the minimum penalty is a six‑month disqualification from appearing in any public examination, coupled with a monetary fine not exceeding ₹50,000. Section 7(2) escalates the fine to ₹2 lakh if the offence involves a network of at least five participants, reflecting the law’s focus on curbing organized fraud. Impersonation attracts a mandatory twelve‑month disqualification and a fine up to ₹1 lakh, as per Section 8. Tampering with question papers or answer keys is classified as a cognizable offence, inviting imprisonment of up to two years and a fine of up to ₹5 lakh under Section 10. All convictions are recorded in the National Unfair‑Means Database, which automatically bars the offender from future enrolment in any government‑run programme. The Act also provides for a “right to be heard” provision: an accused may contest the charge before an independent Examination Tribunal within 30 days of notice, as outlined in Section 12. The Tribunal’s decision is appealable to the High Court within 60 days, ensuring procedural safeguards. ## Implementation Landscape By March 2025, the Central Board of Secondary Education (CBSE) and the National Testing Agency (NTA) reported that 98 % of their 2 500 examination centres had installed the mandated CCTV infrastructure. The Ministry of Education allocated ₹1.2 billion in the 2025‑26 budget for biometric kiosks, of which ₹850 million was earmarked for rural and semi‑urban centres. Training modules on AI‑assisted