- The Centre plans to overhaul India's anti-paper leak law with tougher punishments and fines
- Minimum jail terms for paper leaks will rise from 3 to 5 years, maximum from 5 to 10 years
- Service providers face fines up to Rs 5 crore and debarment extended to eight years
The Centre is preparing a major overhaul of India's anti-paper leak framework, proposing tougher punishments, steeper financial penalties and a dedicated system of fast-track courts to deal with examination fraud cases.
The proposed amendments to the Public Examinations (Prevention of Unfair Means) Act, 2024 have been cleared by the Union Cabinet and are expected to be introduced in Parliament. While the core offences under the law will remain unchanged, the government is seeking to significantly strengthen enforcement amid repeated instances of question paper leaks and recruitment exam irregularities across the country.
The move comes two years after Parliament enacted the country's first dedicated law targeting organised cheating, paper leaks and examination fraud in major public examinations.
Jail Terms And Fines To Increase Sharply
Under the proposed amendments, individuals found guilty of paper leaks or examination fraud could face a minimum prison sentence of five years, up from three years under the existing law. The maximum punishment would rise from five years to ten years.
Financial penalties are also set to increase substantially. The maximum fine for individuals would rise from Rs 10 lakh to Rs 50 lakh.
Government sources say the objective is to create a stronger deterrent against organised examination malpractice and restore public confidence in competitive examinations.
Tougher Action Against Service Providers
The proposed changes also target agencies involved in conducting examinations, managing centres, providing technology support or handling logistics.
At present, such service providers can face fines of up to Rs 1 crore, recovery of examination costs and debarment from conducting examinations for four years.
The amendment proposes increasing the maximum fine to Rs 5 crore and extending the debarment period to eight years, while retaining provisions for recovery of examination costs.
Officials believe organised examination fraud often relies on institutional support and technological vulnerabilities, making accountability of service providers critical.
Senior Management Could Face Higher Liability
The Centre is also proposing stricter penalties for directors, senior executives and other persons in charge of service providers if they are found complicit in examination fraud.
The minimum prison term would increase from three years to five years, while the maximum sentence would remain ten years. The fine would increase from Rs 1 crore to Rs 5 crore.
The proposed changes are aimed at ensuring accountability at the highest levels of organisations associated with examination processes.
Organised Crime Provisions Strengthened
The amendments take an especially tough stance on organised paper leak syndicates.
Currently, organised crime related to examination fraud attracts a minimum prison term of five years and a minimum fine of Rs 1 crore. Under the new proposal, the minimum imprisonment would increase to seven years, while the minimum fine would jump tenfold to Rs 10 crore.
The maximum prison term would continue to be ten years.
Fast-Track Courts For Exam Fraud Cases
One of the most significant changes in the amendment package is the creation of a dedicated judicial mechanism.
The proposal requires states and Union Territories to designate Special Fast-Track Courts for offences under the Act. These courts would conduct day to day hearings and minimise adjournments.
The government has proposed that trials should be completed within three months of the filing of a chargesheet wherever possible. Pending cases would also be transferred to these courts.
The move is intended to address criticism that investigations and trials in major examination scandals often take years to conclude.
Two Month Deadline For Investigations
The amendment also introduces fixed timelines for investigations.
Unlike the existing law, which specifies investigating authorities but does not prescribe a deadline, the revised framework would require investigations to be completed within two months.
The timeline would apply to state police agencies, central investigating agencies and any special task forces constituted for such cases.
According to officials, delayed investigations weaken deterrence and undermine confidence in the examination system.
Centre May Create Special Task Forces
The proposed amendments would give the Centre the power to constitute dedicated Special Task Forces for examination related offences.
At present, cases can be transferred to central investigating agencies. The new provision would allow specially created teams to independently investigate complex or large scale paper leak networks.
Special Prosecutors And Time Bound Appeals
States and Union Territories would also be required to appoint Special Public Prosecutors to handle cases before fast track courts.
The amendment further proposes a dedicated appeals process. Appeals would be heard directly by High Courts through benches comprising two judges and should be disposed of within three months, as far as possible.
A Shift From Law Making To Enforcement
The 2024 legislation established a legal framework to combat paper leaks and organised cheating. The latest amendments signal the government's focus on ensuring quicker investigations, faster trials and stronger punishments.
By combining higher penalties with strict timelines and specialised courts, the Centre is attempting to ensure that examination fraud cases move through the criminal justice system far more quickly than before.
