RPSC RAS Law Unit Study Material

Rajasthan Public Examination Act 2022 — FAHM IAS / RAS

Complete Bare Act Notes, 2023 Statutory Amendments, Central Anti-Cheating Law 2024, and Fast-Track Court Provisions engineered for RPSC RAS Examination by FAHM IAS / RAS Academy.

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Rajasthan State Legislation

Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022

Statutory Item / Event Statutory Particulars / Dates
Name of the Act The Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022
Act Number Act No. 06 of 2022
Bill Introduced in Legislative Assembly 24 February 2022
Bill Passed by Legislative Assembly 24 March 2022
Date of Governor's Assent 5 April 2022
Publication in Official Gazette 6 April 2022
Date of Commencement / Enforcement 6 April 2022
Structure of the Act Total 20 Sections and 2 Schedules
Subsequent Amendment Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) (Amendment) Act, 2023 [Alteration & enhancement in Section 10(2)]

Quick Section Index (Sections 1 to 20)

Section Statutory Title Section Statutory Title
Section 1 Short title, extent and commencement Section 11 Debarment on conviction
Section 2 Definitions Section 12 Attachment and forfeiture of property
Section 3 Prohibition of use of unfair means Section 13 Liability of management, etc., to pay all costs and expenses
Section 4 Possession and disclosure of question paper Section 14 Offences to be cognizable, non-bailable and non-compoundable
Section 5 Prevention of disclosure by person entrusted or engaged in examination duty Section 15 Investigation of offences
Section 6 Unauthorized possession or disclosure of question paper and answer sheet or OMR sheet in any manner Section 16 Cases triable by Designated Courts
Section 7 Prohibition of entry into an examination centre Section 17 Power to appoint Designated Courts
Section 8 No place other than examination centre to be used for public examination Section 18 Act not to be in derogation of any other law
Section 9 Offences by management, institution or others Section 19 Power to remove difficulties
Section 10 Penalties Section 20 Power to make rules
Bare Act Text & Analysis

Rajasthan Act No. 06 of 2022: Section-wise Detailed Analysis

Section 1: Short Title, Extent and Commencement Preliminary
  • Short Title: This Act may be called the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.
  • Geographical Extent: It extends to the whole of the State of Rajasthan.
  • Commencement: It shall come into force on such date as the State Government may notify in the Official Gazette (Enforced on 6 April 2022).
Section 2: Definitions Interpretation

In this Act, unless the context otherwise requires:

  • (a) 'Conduct of Public Examination': Refers to the entire examination process and comprises:
    1. Preparation of question papers, answer sheets, OMR sheets, and result sheets;
    2. Printing, invigilation/supervision, and coding processes of examination materials;
    3. Storage, secure transportation, distribution, and collection of examination materials;
    4. Evaluation of answer scripts and declaration of the final results.
  • (b) 'Examination Authority': Means the authority authorized to conduct public examinations as specified in Schedule-1.
  • (c) 'Examination Centre': Means any institution or part thereof, or any other place designated, determined, and used for holding a public examination, including the entire premises annexed thereto.
  • (d) 'Examinee' (Candidate): Means a person who has been granted permission by the relevant authority to appear in a public examination, and includes a person authorized to act as a Scribe on their behalf.
  • (e) 'Public Examination': Means any examination specified in Schedule-2 conducted for the purpose of recruitment to any post under the State Government, including autonomous bodies, authorities, boards, or corporations.
  • (f) 'Unfair Means': Encompasses two specific situations:
    1. In relation to an examinee (candidate):
    • Taking unauthorized assistance in the examination from any person or group, directly or indirectly, through any written, recorded, copied, or printed material.
    • Using any unauthorized electronic or mechanical equipment, device, or gadget during the examination.
    2. In relation to any other person:
    • Impersonation or disclosing/leaking (Paper Leak) a question paper, or attempting such disclosure.
    • Procuring, attempting to procure, or taking into unauthorized possession any question paper.
    • Unauthorizedly solving a question paper, attempting to solve it, or seeking assistance to solve it.
    • Assisting an examinee in a public examination directly or indirectly in any unauthorized manner.
    Explanation: The definition of "any person" shall be construed to include an examinee as well.
  • (g) 'Indian Penal Code' (IPC Applicable Concepts): Words and expressions used in this Act and not defined herein, but defined in the Indian Penal Code, 1860 (Central Act No. 45 of 1860), shall have the same meanings assigned to them in that Code.
Section 3: Prohibition of Use of Unfair Means Mandatory Bar

Substantive Provision: No person shall use unfair means in any public examination.

  • For Examinees: It is strictly prohibited to bring or use any written material, chits, printed notes, Bluetooth devices, smartwatches, mobile phones, or other electronic equipment inside the examination hall.
  • For Third Persons / Cheating Networks: Assisting candidates from outside the hall, relaying answers via walkie-talkies or digital devices, or disrupting the conduct of the exam constitutes a penal offence.
Section 4: Possession and Disclosure of Question Paper Confidentiality

Substantive Provision: No person authorized by virtue of their duties to open and distribute question papers for conducting a public examination shall, prior to the appointed time:

  • (a) Unauthorized Access and Disclosure: Open, leak, disclose, procure, attempt to procure, possess, or attempt to solve any question paper or part thereof prior to the prescribed time.
  • (b) Sharing Confidential Information: Give or promise to give any confidential information or answer concerning the question paper to any candidate or outside person.
Section 5: Prevention of Disclosure by Person Entrusted or Engaged in Examination Duty Duty Bound

Any person entrusted with examination-related assignments (paper-setting, printing, transport, center invigilation, etc.) shall not disclose confidential examination information to any unauthorized outsider.

  • Rule: They shall neither leak such information personally, nor cause it to be leaked, nor communicate it to another.
  • Exception: They may use such information strictly as required for the lawful discharge of their official duties.
Section 6: Unauthorized Possession or Disclosure of Question Paper and Answer Sheet / OMR Sheet Illegal Custody

No person who is not officially authorized prior to the scheduled distribution time shall, before the examination commences:

  • (a) Unauthorized Procurement & Custody: Unlawfully obtain, attempt to obtain, or retain custody of any question paper, answer sheet, or OMR sheet (or any part/photocopy thereof).
  • (b) Confidential Information or Offer: Give confidential information or make an offer to supply any question paper to another.
Section 7: Prohibition of Entry into an Examination Centre Restricted Zone

No person who is not entrusted with work relating to the public examination, not engaged in its conduct, or not a valid examinee shall enter the premises of the examination centre.

  • Permitted Entrants: (1) Validly permitted examinees, and (2) Authorized examination staff deployed on duty.
  • Total Bar: All unauthorized outsiders are strictly prohibited from entering the center premises.
Section 8: No Place Other Than Examination Centre to Be Used for Public Examination Sanctity of Venue

No authorized person engaged in the conduct of an examination shall use or cause to be used any place other than the declared/notified examination centre for conducting the public examination.

Statutory Objective: To prevent parallel examination sessions run in unauthorized premises, private residences, or covert locations to facilitate institutionalized cheating.

Section 9: Offences by Management, Institution or Others Corporate Liability
  • (1) Liability of Institutions and Persons-in-Charge: If an offence is committed by a management body, institution, coaching centre, trust, company, or Limited Liability Partnership (LLP), every person who was in charge of and responsible for the conduct of business, as well as the institution/management itself, shall be deemed guilty of the offence and proceeded against.
    Statutory Defense: The person shall not be liable if they prove that the offence occurred without their knowledge and that they exercised all due diligence to prevent it.
  • (2) Liability of Directors and Officers: If it is proven that the offence occurred with the consent, connivance, or neglect of any director, manager, secretary, or officer, such individual shall personally be held guilty and penalized.
Section 10: Penalties (As in Original 2022 Act) Criminal Penalties
(1) Penalty for an Examinee:
  • Imprisonment: Up to 3 years.
  • Fine: Minimum fine of ₹1 Lakh.
  • Default Sentence: Additional imprisonment up to 9 months on failure to pay the fine.
(2) Penalty for Any Person (Including Candidates), Cartels, Syndicates or Gangs:

If any person (including candidates), organized syndicate, printing press staff, coaching institute, or exam official is involved in paper leaks, criminal conspiracy, or using unfair means:

  • Imprisonment (Original 2022 Act): Rigorous imprisonment from 5 years up to 10 years.
  • Fine: Fine between ₹10 Lakhs and ₹10 Crores.
  • Default Sentence: Additional imprisonment for up to 2 years on default of fine payment.
  • Original Proviso: Court could award less than 5 years for special and recorded reasons.
Note on 2023 Amendment: Section 10(2) was drastically amended by Act No. 17 of 2023 to provide Rigorous Imprisonment from 10 years to Life Imprisonment, and the minimum sentence in the proviso was elevated to 10 years.
Section 11: Debarment on Conviction Disqualification

Where an examinee is convicted of an offence under this Act by a competent court, they shall be debarred for a period of 2 years from the date of conviction from appearing in any public examination conducted in the State of Rajasthan.

Section 12: Attachment and Forfeiture of Property Asset Seizure
  • (1) Prohibition on Proceeds of Crime: No person shall possess or hold any property or wealth acquired through the commission of an offence under this Act.
  • (2) Order of Seizure and Attachment: If the Investigating Officer has reason to believe that property has been acquired via proceeds of crime under this Act, they may, with the prior written approval of the State Government:
    • Order the seizure of such movable or immovable property.
    • Where direct seizure is not practicable, pass an order for the attachment of such property.
    • A copy of the order must be duly served on the accused/property holder.
  • (3) Reporting to Court: The attachment/seizure action must be reported to the Designated Special Court within 48 hours.
  • (4) Confirmation or Revocation: The Designated Court shall provide an opportunity of being heard to the affected party, after which it may either confirm or revoke the order of attachment/seizure.
  • (5) Forfeiture upon Conviction: Upon conviction of the accused, all attached properties shall stand forfeited/confiscated to the State Government free from all encumbrances.
  • Explanation: "Proceeds of crime" includes all movable-immovable assets and cash obtained through the offence, regardless of whose name the property stands registered in.
Section 13: Liability of Management, etc., to Pay All Costs and Expenses Recovery

Cost Recovery: Where any management, institution, LLP, or associated individual is convicted under Section 10(2), the entire cost and expenses of the examination (as determined by the Designated Court) shall be recovered from that institution/management.

Permanent Debarment: Such institutions shall be permanently prohibited and debarred forever from undertaking any examination-related duties.

Section 14: Offences to Be Cognizable, Non-Bailable and Non-Compoundable Strict Procedural Law

All offences under this Act shall be:

  • Cognizable: Police officers can arrest the accused without a warrant.
  • Non-Bailable: Bail cannot be granted as a matter of right at the police station.
  • Non-Compoundable: The case cannot be settled, compromised, or withdrawn via private agreement.
Section 15: Investigation of Offences Investigating Rank

No police officer below the rank of Additional Superintendent of Police (Addl. SP) shall investigate any offence committed under this Act.

Section 16: Cases Triable by Designated Courts Special Jurisdiction

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) or any other law, all offences under this Act shall be exclusively triable by the Designated Court.

Section 17: Power to Appoint Designated Courts Court Constitution

The State Government, in consultation with the Chief Justice of the High Court of Rajasthan, shall notify Sessions Courts as Designated/Special Courts for the purposes of this Act by notification in the Official Gazette.

Section 18: Act Not to Be in Derogation of Any Other Law Supplemental Law

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force (such as BNS/IPC or the Information Technology Act).

Section 19: Power to Remove Difficulties Executive Power
  • (1) Order of Government: The State Government may publish orders in the Gazette to remove practical difficulties arising in implementing the Act. Sunset Clause: No such order shall be made after the expiry of 2 years from commencement.
  • (2) Laying before Legislature: Every such order shall be laid before the State Legislative Assembly as soon as possible.
Section 20: Power to Make Rules Delegated Legislation
  • (1) State Government's Power: The State Government may make rules for carrying out the purposes of this Act.
  • (2) Legislative Scrutiny: All rules made under this section shall be laid before the House of the State Legislature for a minimum period of 14 days while in session, for modification or approval.
Statutory Enclosures

Schedule-1 & Schedule-2: Authorities & Covered Public Examinations

S.No. Schedule-1 [Under Sec 2(b)]: Examination Authority Schedule-2 [Under Sec 2(e)]: Covered Public Examinations
1. Rajasthan Public Service Commission (RPSC) Any examination conducted by the Rajasthan Public Service Commission (RPSC).
2. High Court of Rajasthan Any examination conducted by the High Court of Rajasthan.
3. Rajasthan Staff Selection Board (RSMSSB) Any examination conducted by the Rajasthan Staff Selection Board.
4. Any other authority, agency, or recruitment committee appointed or constituted by the State Government Any examination conducted by an authority, agency, or recruitment committee constituted by the State Government.
5. State-funded Universities Any recruitment examination conducted by State-funded Universities.
6. Board of Secondary Education, Rajasthan (RBSE) Any recruitment examination conducted by the Board of Secondary Education, Rajasthan.
7. Rajasthan Police Recruitment and Promotion Board, Jaipur Any examination conducted by the Rajasthan Police Recruitment and Promotion Board, Jaipur.
8. Public Sector Undertakings owned by the State Government Any examination conducted by Public Sector Undertakings owned by the State Government.
9. Societies, Corporations, Local Bodies, and PSUs wholly or partly owned by the State Government Any other examination conducted by societies, corporations, local bodies, and wholly/partially owned State PSUs.
10. Any other authority notified by the State Government Any examination conducted by any other authority notified or agency appointed by the State Government.
Major Amendment

Rajasthan Public Examination (Amendment) Act, 2023

Legislative Attribute Details
Act Title Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) (Amendment) Act, 2023
Act Number Act No. 17 of 2023
Governor's Assent 5 August 2023
Gazette Publication Date 8 August 2023
Scope of Amendment Alteration in Section 10(2) of the Principal Act: Enhancement of Punishment

Comparative Analysis: Section 10(2) Alteration

Provision Head Principal Act (2022 Provision) Amendment Act (New 2023 Provision)
Term of Imprisonment Rigorous imprisonment from 5 years to 10 years. Rigorous imprisonment from a minimum of 10 years up to LIFE IMPRISONMENT.
Minimum Punishment in Proviso (Special Reasons) Court could record special reasons and award a punishment of less than 5 years. Even for special and adequate reasons recorded in judgment, the minimum sentence cannot be less than 10 YEARS.
Monetary Fine Between ₹10 Lakhs and ₹10 Crores. Maintained between ₹10 Lakhs and ₹10 Crores (unaltered).
Central Anti-Cheating Legislation

The Public Examinations (Prevention of Unfair Means) Act, 2024

Parliamentary / Statutory Head Statutory Particulars
Act Title The Public Examinations (Prevention of Unfair Means) Act, 2024
Act Number Act No. 1 of 2024
Passed in Lok Sabha Introduced: 5 February 2024 | Passed: 6 February 2024
Passed in Rajya Sabha 9 February 2024
Presidential Assent 12 February 2024
Gazette Notification 12 February 2024
Date of Enforcement 21 June 2024 (Notified by Central Government in Official Gazette)
Structural Composition 6 Chapters and 19 Sections

Division of Chapters (Chapters I to VI)

Chapter Title / Scope Chapter Title / Scope
Chapter I Preliminary (Sections 1–2) Chapter IV Inquiry and Investigation (Sections 12)
Chapter II Unfair Means and Offences (Sections 3–8) Chapter V Miscellaneous (Sections 13–18)
Chapter III Punishment for Offences (Sections 9–11) Chapter VI Amendment to the Criminal Law Amendment Ordinance, 1944 (Sec 19)

Section Index (Central Act, 2024)

Section Subject Matter Section Subject Matter
Section 1 Short title and commencement Section 11 Organized crime
Section 2 Definitions Section 12 Officers empowered to investigate
Section 3 Unfair means Section 13 Status of public servants
Section 4 Conspiracy Section 14 Protection of action taken in good faith
Section 5 Disruption of public examination Section 15 Provisions to be in addition to other laws
Section 6 Duty to report offences Section 16 Power to make rules
Section 7 Use of examination centre for other purposes Section 17 Laying of rules before Parliament
Section 8 Offences by service provider & associated persons Section 18 Power to remove difficulties
Section 9 Cognizable, non-bailable & non-compoundable offences Section 19 Amendment of Ordinance 38 of 1944
Section 10 Punishment for offences - -
Bare Text Interpretation

Central Act No. 1 of 2024: Section-wise Detailed Breakdown

Section 1: Short Title and Commencement Central Statute
  • 1(1): This Act may be called the Public Examinations (Prevention of Unfair Means) Act, 2024.
  • 1(2): It shall come into force on such date as the Central Government may appoint by notification in the Official Gazette (Enforced on 21 June 2024).
Section 2: Definitions Definitions
  • 2(1)(a) 'Candidate': A person permitted by a public examination authority to appear in a public examination, including a person authorized to act as a Scribe.
  • 2(1)(b) 'Communication Device': Has the meaning assigned to it in Section 2(1)(ha) of the Information Technology Act, 2000.
  • 2(1)(c) 'Competent Authority': The Ministry or Department of the Central Government administratively attached to the public examination authority concerned.
  • 2(1)(d) 'Computer Network', 'Computer Resource', and 'Computer System': Meanings assigned under Section 2(1)(j), (k), and (l) of the Information Technology Act, 2000.
  • 2(1)(e) 'Conduct of Public Examination': Includes all prescribed procedures and activities for the conduct of a public examination.
  • 2(1)(f) 'Institution': Any agency, organization, body, association of persons, business entity, company, partnership, or sole proprietorship firm (other than the examination authority) appointed as a service provider for conducting an exam. Explanation: Includes companies under Companies Act 2013 and LLPs under LLP Act 2008.
  • 2(1)(g) 'Notification': Notification published in the Official Gazette.
  • 2(1)(h) 'Organized Crime': Unlawful activity committed by a person or group of persons indulging in unfair means in a public examination, via collusion and conspiracy, to pursue a shared interest for wrongful gain.
  • 2(1)(i) 'Person Associated with Service Provider': A person providing services for or on behalf of a service provider (employee, agent, or subsidiary).
  • 2(1)(j) 'Prescribed': Prescribed by rules made under this Act.
  • 2(1)(k) 'Public Examination': Any examination conducted by authorities specified in the Schedule or notified by the Central Government.
  • 2(1)(l) 'Public Examination Authority': Authorities designated by the Central Government by notification.
  • 2(1)(m) 'Public Examination Centre': Premises selected by the examination authority, including schools, computer centres, buildings, and perimeter areas.
  • 2(1)(n) 'Service Provider': Any agency, organization, body, firm, sub-contractor, or IT vendor appointed by the public examination authority.
  • 2(2) Residual Rule: Words not defined herein shall bear meanings assigned under other corresponding laws.
Section 3: Unfair Means (The 15 Prohibited Clauses) 15 Acts

Unfair means in relation to the conduct of a public examination shall include any act or omission done or caused to be done by any person, group, or institution for monetary or wrongful gain:

  1. (i) Question Paper Leak: Unauthorized disclosure of question paper, answer key, or part thereof.
  2. (ii) Collusion: Colluding with others to cause disclosure or leak of question paper or answer key.
  3. (iii) Unauthorized Access: Accessing or possessing question papers or Optical Mark Recognition (OMR) sheets without authority.
  4. (iv) Providing Solutions: An unauthorized person providing solutions to one or more questions during the exam.
  5. (v) Assisting Candidates: Assisting a candidate in any unauthorized manner, directly or indirectly.
  6. (vi) Tampering with Answer Scripts: Tampering with response sheets, including OMR sheets.
  7. (vii) Manipulating Evaluation: Altering marks or assessment without authority, barring bona fide clerical corrections.
  8. (viii) Norm Violations: Willful violation of examination standards and norms laid down by Central Government or its agencies.
  9. (ix) Document Forgery: Tampering with documents required for shortlisting candidates or fixing final merit/rank.
  10. (x) Security Breach: Deliberate violation of security measures to facilitate cheating.
  11. (xi) Cyber Tampering: Tampering with computer networks, systems, or computer resources.
  12. (xii) Seating & Shift Manipulation: Manipulating seating arrangements, exam dates, or shift allocations to facilitate unfair means.
  13. (xiii) Threatening Officials: Threatening life or liberty, wrongfully restraining, or obstructing staff of examination authorities or service providers.
  14. (xiv) Fake Websites: Creating spoofed/fake websites to defraud or gain wrongful pecuniary advantage.
  15. (xv) Fake Examinations: Conducting fake examinations, or issuing fake admit cards or offer letters to defraud.
Section 4: Conspiracy for Unfair Means Conspiracy

No person, group of persons, or institution shall collude or conspire to facilitate the commission of any unfair means.

Section 5: Disruption of Public Examination Restricted Access
  • 5(1): No unauthorized person (who is neither staff nor a candidate) shall enter the premises with the intention of causing disruption.
  • 5(2)(a): Authorized staff shall not open, leak, possess, access, or solve the question paper prior to the scheduled time for monetary or wrongful gain.
  • 5(2)(b): Authorized staff shall not reveal or promise to reveal confidential question paper details for wrongful gain.
  • 5(3): Unauthorized disclosure of question papers that came to an authorized person's knowledge is prohibited.
Section 6: Duty to Report Other Offences Mandatory Reporting

If an offence under Sections 3, 4, or 5 is committed, the service provider must immediately report it to the police and intimate the public examination authority.

Proviso: If the service provider itself is complicit or facilitates the crime, the Public Examination Authority shall immediately report it to the police.
Section 7: Use of Examination Centre for Other Purposes Centre Misuse

Using the designated examination centre for any purpose other than holding the public examination without written permission of the authority is an offence.

Exception (Force Majeure): Changes necessitated due to unforeseen events or force majeure conditions without prior consent shall not be deemed an offence.
Section 8: Offences by Service Provider & Associated Persons Corporate Liability
  • 8(1): Any person or associated person who provides unauthorized assistance in conducting the exam is guilty of an offence.
  • 8(2): Failure by a service provider or its staff to report unfair means or offences makes them liable for prosecution.
  • 8(3): Directors, senior management, secretaries, or officers shall be held personally liable if the offence occurred with their consent or connivance.
  • Proviso: A person shall be exempt if they prove the offence occurred without their knowledge and they exercised due diligence.
Section 9 & Section 10: Nature of Offences & Statutory Punishments (2024 Base Act) Penal Code

Section 9: All offences under this Act are Cognizable, Non-Bailable, and Non-Compoundable.

Section 10(1) - Individual Offender:

Imprisonment for 3 years to 5 years, and a fine up to ₹10 Lakhs. Default in fine entails additional imprisonment as per Bharatiya Nyaya Sanhita, 2023.

Section 10(2) - Service Provider:

Fine up to ₹1 Crore, recovery of proportionate examination costs, and debarment for 4 years from conducting any public examinations.

Section 10(3) - Directors / Senior Management of Service Provider:

Imprisonment for 3 years to 10 years, and a fine of ₹1 Crore.

Special Note on BNS / IPC Transition: Until the Bharatiya Nyaya Sanhita, 2023 was enforced, IPC provisions governed default punishments.
Section 11: Punishment for Organized Crime Syndicate Penalties
  • 11(1): If any person or syndicate commits organized crime, they shall be punished with imprisonment for 5 years to 10 years, and a minimum fine of ₹1 Crore.
  • 11(2): Where an institution is involved in organized crime, its assets are subject to attachment and forfeiture, alongside recovery of proportionate examination expenses.
Section 12: Officers Empowered to Investigate Investigation
  • 12(1): No officer below the rank of Deputy Superintendent of Police (DSP) or Assistant Commissioner of Police (ACP) shall investigate offences under this Act.
  • 12(2): The Central Government has the power to entrust the investigation to any Central Investigating Agency (e.g., CBI).
Section 13 to Section 19: Miscellaneous Provisions Procedural & Legal Immunity
  • Section 13 (Public Servants): Chairpersons, members, officers, and staff of examination authorities are deemed public servants under the Bharatiya Nyaya Sanhita / IPC.
  • Section 14 (Good Faith Protection): Immunity from legal suits and prosecution for actions taken in good faith. Administrative proceedings remain permissible under service rules.
  • Section 15 (Supplemental Effect): Provisions are in addition to other laws and have overriding effect in case of inconsistency.
  • Section 16 (Rule-Making Power): Central Government may notify rules governing examination procedures, norms, and operational standards.
  • Section 17 (Laying before Parliament): Every rule must be placed before both Houses of Parliament for a cumulative period of 30 days.
  • Section 18 (Removal of Difficulties): Central Government may issue executive orders within 3 years of commencement.
  • Section 19 (Amendment to Ordinance 38 of 1944): Insertion of Entry 6 in the Criminal Law Amendment Ordinance, 1944: "6. Offences punishable under the Public Examinations (Prevention of Unfair Means) Act, 2024."
Statutory Upgrades & Comparison

Public Examinations (Prevention of Unfair Means) Amendment Act, 2026

Amendment Attribute Statutory Data
Bill Title Public Examinations (Prevention of Unfair Means) Amendment Act, 2026
Bill Number Bill No. 139 of 2026
Date of Enforcement 31 July 2026
Amended Sections Sections 10, 11, and 12
Newly Inserted Sections Section 12A (Fast Track Courts) & Section 12B (Appeals)

Comprehensive 2024 vs. 2026 Comparison Table

Section Subject Category Original Provision (2024 Act) Amended Provision (2026 Amendment)
Section 10(1) Individual Offender Imprisonment: 3 to 5 years.
Fine: Up to ₹10 Lakhs.
Imprisonment: 5 to 10 years.
Fine: Up to ₹50 Lakhs.
Section 10(2) Service Provider Institution Fine: Up to ₹1 Crore.
Proportionate cost recovery.
Debarment: 4 Years.
Fine: Up to ₹5 Crores.
Proportionate cost recovery.
Debarment: 8 Years.
Section 10(3) Directors & Senior Management of Service Provider Imprisonment: 3 to 10 years.
Fine: ₹1 Crore.
Imprisonment: 5 to 10 years.
Fine: ₹5 Crores.
Section 11(1) Organized Crime Syndicates Imprisonment: 5 to 10 years.
Fine: Minimum ₹1 Crore.
Imprisonment: 7 to 10 years.
Fine: Minimum ₹10 Crores.
Section 12(2) Investigative Jurisdiction Power vested in Central Government to entrust probe to Central Investigating Agencies. In addition to Central Agencies, Central Government can entrust probe to a Special Task Force (STF) constituted by notification.
Section 12(2) New Proviso Exclusive STF Probe No separate statutory proviso existed. If an STF is constituted by Central Government, the investigation shall be conducted exclusively by such Special Task Force.
Expedited Justice Architecture

New Sections 12A & 12B: Special Fast Track Courts and Appellate Process

Section 12A: Expeditious Investigation & Special Fast Track Courts Time-Bound Trial
  • 12A(1) - Investigation Timelines (2-Month Limit): All investigations under this Act must be completed within 2 months.
    • 12A(1)(a): By empowered police officers within 2 months from the date of recording information by the Officer-in-Charge of the police station.
    • 12A(1)(b): By Central Investigation Agencies within 2 months from receipt of central directives.
    • 12A(1)(c): By Special Task Force (STF) within 2 months from the date of Central Government notification.
    Academic Note: The statute does not stipulate default/consequential provisions if the probe is not concluded within the 2-month timeline.
  • 12A(2) - Special Fast Track Courts: Every State Government and Union Territory administration, in consultation with the Chief Justice of the respective High Court, shall designate a Court of Session as a Special Fast Track Court.
  • 12A(3) - Concurrent Trial: The Special Fast Track Court shall try offences under this Act alongside other offences under the Bharatiya Nyaya Sanhita, 2023 or other laws that may be charged in the same trial.
  • 12A(4) - Day-to-Day Trial & 3-Month Target:
    • Trials shall proceed on a day-to-day basis until all witnesses in attendance have been examined.
    • Adjournments beyond the following day require reasons recorded in writing.
    • The entire trial must be completed within 3 months from the date of filing the chargesheet.
  • 12A(5) & (6) - Transfer of Pending Cases: All pending cases under this Act or other laws regarding public examination offences shall be transferred to the Special Fast Track Court. Such trials shall resume from the stage at which they were transferred and must be completed within 3 months from the transfer date.
  • 12A(7) & (8) - Special Public Prosecutors: Special Public Prosecutors shall be appointed under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and shall have the status of Public Prosecutors under Section 2(1)(u) of BNSS, 2023.
Section 12B: Statutory Appellate Provisions High Court Appeals
  • 12B(1) - Right to Appeal: An appeal against any judgment, sentence, or order (other than an interlocutory order) of the Special Fast Track Court lies directly to the High Court.
  • 12B(2) - Two-Judge Bench & 3-Month Disposal: Every appeal shall be heard by a Division Bench (two judges) of the High Court and disposed of within 3 months from the date of admission.
  • 12B(3) - Bar on Other Appeals/Revisions: No appeal or revision shall lie before any other court against any judgment or order of the Special Fast Track Court except as provided in this section.
  • 12B(4) - Appeals against Acquittal: Appeals against an order of acquittal may be preferred to the High Court under Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
  • 12B(5) - Strict Limitation Period (30 to 90 Days):
    • Every appeal must be filed within 30 days from the date of judgment or order.
    • Condonation of Delay: The High Court may entertain an appeal after 30 days if satisfied of sufficient cause.
    • Absolute Bar: Under no circumstances shall an appeal be entertained after the expiry of 90 days.