Comprehension

The Public Examinations (Prevention of Unfair Means) Act, 2024 that has provision for up to five years' imprisonment and a fine of up to 1 crore for malpractices and organized cheating in government recruitment exams was notified by the Union government and came into effect from June 21, 2024. The Bill had received assent from the President of India on the 13th February 2024. The Public Examinations (Prevention of Unfair Means) Act, 2024 mentions punishments for "leakage of question paper or answer key", "directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination" and "tampering with the computer network or a computer resource or a computer system" as offences done by a person, group of persons or institutions. Besides these, "creation of fake website to cheat or for monetary gain", "conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain" and "manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations" are also among the offences punishable under the law.
"Any person or persons resorting to unfair means and offences under this Act shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to 10 lakh," said the Act. A service provider, engaged by the public examination authority for conduct of examinations, shall also be liable to be punished with imposition of a fine up to 1 crore "and proportionate cost of examination shall also be recovered" from it, according to the Act. Such service providers shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years.
 [Extracted, with edits and revisions from "Act that Punishes Organized Cheating in Government Exams Comes into Effect" published in The Hindu dated 22-06-2024]

Question: 1

A Bill becomes an Act only when:

Updated On: Dec 1, 2024
  • Both the houses of the Parliament pass with simple majority
  • Both the houses of the Parliament pass with absolute majority
  • When the Prime Minister of India gives his approval
  • When the President of India gives the Assent
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The Correct Option is D

Solution and Explanation

A Bill passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) becomes an Act only after the President of India gives assent to it. This is the final step in the legislative process.
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Question: 2

A service provider, engaged by the public examination authority for conduct of examinations, indirectly helped his family member by giving hint on questions that were supposed to be added in the examination shall

Updated On: Dec 1, 2024
  • be liable to be punished with imposition of a fine upto 1 crore
  • be liable to be punished with imposition of a fine upto 1 crore and the entire cost of conduct of the examination
  • be liable to be punished with imposition of a fine upto 1 crore and the entire cost of conduct of the examination
  • none of the above
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The Correct Option is B

Solution and Explanation

As per the provisions of the Public Examinations (Prevention of Unfair Means) Act, 2024, any service provider assisting in malpractices is liable for a fine up to ₹1 crore and also bear the proportionate cost of the examination. This includes any indirect assistance, such as providing hints.
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Question: 3

An invigilator of a public examination found guilty of manipulating the seating arrangement to favour his relative writing the public examination is punished by the Court. Which among the following is the appropriate punishment as per the punishment mentioned in the above passage?

Updated On: Dec 1, 2024
  • Imprisonment for 1 year and a fine of 10 lakhs
  • Imprisonment for 2 years and a fine of 10 lakhs
  • Imprisonment for 3 years and a fine of 15 lakhs
  • Imprisonment for 4 years and fine of 5 lakhs
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The Correct Option is C

Solution and Explanation

The passage states that manipulation in seating arrangements to facilitate unfair means is an offence under the Public Examinations (Prevention of Unfair Means) Act, 2024. The punishment includes a minimum imprisonment of three years and fines as specified under the Act.
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Question: 4

Identify which of the following is not an unfair means relating to the conduct of a public examination?

Updated On: Dec 1, 2024
  • Coaching Centre conducting mock tests for students
  • The Coaching Centre offering help to its students during the examination
  • The Centre Superintendent of the public examination on the request of the Coaching Centre provides seating arrangement of all its students in one hall
  • The Centre Superintendent of the public examination indirectly assisting the candidate
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The Correct Option is A

Solution and Explanation

Conducting mock tests is a legitimate activity by coaching centers. However, helping students during the examination, requesting seating arrangements, or indirectly assisting candidates are considered unfair means.
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Question: 5

Who among the following is not a service provider in the context of a public examination?

Updated On: Dec 1, 2024
  • Coaching Centre which prepares students for passing in the public examination
  • Printing Press where the question paper of the public examination is printed
  • The Software Company that manages the website of the public examination
  • The Company which scans the OMR sheets of the public examination
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The Correct Option is A

Solution and Explanation

Service providers, as defined in the passage, are entities involved in the direct conduct of the examination, such as printing question papers, managing examination websites, or scanning OMR sheets. Coaching centers only prepare students and are not directly involved in the conduct of examinations.
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