The government, on Friday, notified the Anti-Paper Leak Law, aiming to curb cheating in major examinations. The law prescribes severe punishment for individuals involved in exam cheating, ensuring that offenders face significant consequences.
The development has taken place in the wake of malpractice incidents in major national examinations such as the National Eligibility-cum-Entrance Test (NEET) and UGC-NET this year itself. These instances have also caused public outcry and anger towards the National Testing Agency.
Under this new law, any person found using unfair means during exams will face imprisonment for a term of at least three years, which can extend up to five years, along with a fine of up to Rs 10 lakh. If the fine is not paid, additional imprisonment will be enforced as per the provisions of the Bharatiya Nyaya Sanhita, 2023. Until this new legal framework is fully implemented, the Indian Penal Code will apply.
Service providers found guilty of facilitating cheating will face a fine of up to Rs 1 crore. Additionally, they will be responsible for covering the examination costs and will be barred from participating in any public examination duties for four years.
If investigations reveal that the offence was committed with the consent or collusion of any director, senior management, or persons in charge of the service provider firm, those individuals will face imprisonment for a term ranging from three to ten years and a fine of Rs 1 crore. Failure to pay this fine will result in further imprisonment as outlined in the Bharatiya Nyaya Sanhita, 2023. Again, the IPC will be used until the new provisions come into force.
However, the law also provides a safeguard for individuals who can prove that the offence occurred without their knowledge and that they took all necessary precautions to prevent it.
In cases of organised crime involving individuals or groups, including examination authorities or service providers, the punishment will be even harsher. Offenders will face imprisonment for a term between five to ten years and a minimum fine of Rs 1 crore. Non-payment of this fine will lead to additional imprisonment.
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