PUBLIC EXAMINATION (PREVENTION OF UNFAIR MEANS) AMENDMENT ACT, 2026

PUBLIC EXAMINATION (PREVENTION OF UNFAIR MEANS) AMENDMENT ACT, 2026

The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 (popularly called the Anti-Paper Leak Amendment Act, 2026) strengthens the Public Examinations (Prevention of Unfair Means) Act, 2024.

It was introduced after the NEET 2026 paper leak controversy and aims to impose stricter penalties, faster investigations, and greater accountability for all stakeholders involved in public examinations

KEY PROVISIONS OF 2024 ACT

• The Act defines a “public examination” as any examination conducted by public examination authorities listed in the Schedule of the Act.
• The Schedule lists 5 public examination authorities: UPSC, SSC, Railway Recruitment Boards, IBPS, and National Testing Agency (NTA).
• The Act also covers all Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff.
• The central government can add new authorities to the Schedule through a notification as and when required.
• The Act defines a “candidate” as a person who has been granted permission by the public examination authority to appear in a public examination, as well as a person authorised to act as a scribe on their behalf.

WHAT ARE UNFAIR PRACTICES UNDER THE LAW?

• Leakage of question paper or answer key
• Colluding in leakage
• Tampering with answer sheets
• Providing solutions to questions during the examination
• Directly or indirectly assisting candidates
• Tampering with documents necessary for short-listing or finalising merit or rank
• Creating fake websites or conducting fake examinations
• Accessing or taking possession of question paper or answer key without authority
• Tampering with computer networks or systems
• Conducting fake examinations or issuing fake admit cards or offer letters

THE PUNISHMENTS

Section 9 of the Bill states that all offences shall be

• Cognizable- which means that an arrest can be made without a warrant
• Non bailable- Bail will not be a matter of right; rather, a magistrate will determine whether the accused is fit to be released on bail.
• Non-compoundable — A non-compoundable offence is one in which the case cannot be withdrawn by the complainant even when the complainant and the accused have reached a compromise, and a trial must necessarily follow.
• Punishment for “any person or persons resorting to unfair means and offences” can be three to five years in prison, and a fine up to Rs 10 lakh. If the convict fails to pay the fine, “an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyay Sanhita, 2023,
• Under Section 10(2), a service provider who is engaged to provide “support of any computer resource or any material, by whatever name it may be called” for the conduct of the examination can be fined up to Rs 1 crore, along with other penalties.
• The Bill provides for harsher punishment in cases of organised paper leaks, where “organised crime” is defined as unlawful activity by a group of persons colluding in a conspiracy “to pursue or promote a shared interest for wrongful gain in respect of a public examination”.
  • Section 11(1) says the punishment for organised crime will be “imprisonment for a term not less than five years but which may extend to ten years” and a fine “which shall not be less than 1 crore rupees”.

THE RULES

The Rules provide a framework for preventing the use of unfair means in public examinations, including:

• Appointing Centre Coordinators, venue in-charges, and Regional Officers
• Conducting Computer-Based Tests (CBT) with strict norms and guidelines
• Defining the role and responsibilities of Centre Coordinators and venue in-charges
• Providing a format for reporting incidents of unfair means
• Specifying the norms, standards, and guidelines for CBTs, including:
  • Registration of candidates
  • Allocation of centres
  • Issue of admit cards
  • Opening and distribution of question papers
  • Evaluation of answers
  • Final recommendations
• Specifying the standard operating procedure (SOP) for registration of public examination centres
• Specifying the space requirements at CBT centres and layout of seating
• Specifying the specifications and layout of computer nodes, server and network infrastructure, and electronic platform
• Specifying the candidate check-in, biometric registration, security, and screening procedures
• Specifying the setting and loading of question papers
• Specifying the invigilation and post-examination activities.

Centre Coordinator:

• The Rules provide for the appointment of a Centre Coordinator for Public Examinations, who may be a serving or retired employee of the Central Government, State Government, Public Sector Undertakings, Public Sector Banks, Government Universities, autonomous bodies, or other Government Organisations.
• The Centre Coordinator shall be the representative of the public examination authority for coordination of activities of the various service providers and the examination authority, and for overseeing the compliance of all norms, standards, and guidelines for the exam.

Reporting Incidents of Unfair Means:

• The Rules provide a detailed framework and format for reporting incidents of unfair means.
• If an incident of unfair means or offence occurs, the venue in-charge shall prepare a report along with their findings in Form 1.
• The report shall be sent to the Regional Officer through the Centre Coordinator.
• If a prima facie case is made out for filing of First Information Report, the venue in-charge shall take necessary action.

THE PROVISIONS OF 2026 AMENDMENT

1. Harsher Punishments

• For Individuals: Convicted persons face 5 to 10 years of imprisonment and a maximum fine of ₹50 lakh.
• For Organized Crime Syndicates: Networks or syndicates operating large-scale paper leaks face a minimum of 7 years up to 10 years of imprisonment and hefty economic fines up to ₹10 crore.
• For Institutional / Service Providers: Exam agencies or service providers found complicit or negligent face a fine of ₹5 crore, an 8-year operational ban, and are liable to pay the entire cost of re-conducting the examination.

2. Time-Bound Investigation & Justice delivery

• Every paper leak case must be investigated within a 60 days.
• Dedicated Fast-Track Courts must conclude trials and deliver a verdict within 3 months of the charge sheet being filed.

3. Special Task Forces (STFs)

• States/UTs are to create Special Task Forces dedicated to investigating:
  • Paper leak syndicates
  • Organised cheating networks
  • Digital examination fraud
• These agencies coordinate with central investigative authorities where necessary.

4. Wider Accountability

The Act extends liability beyond students to include:

• Coaching centres
• Examination centres
• Service providers.
• Technology vendors
• Institutions
• Printing agencies
• Officials involved in examination conduct

If found complicit, these entities face criminal prosecution and heavy financial penalties.

5. Digital and AI-Based Cheating Covered

The amended law explicitly recognizes modern methods of malpractice such as:

• AI-assisted cheating
• Digital paper theft
• Hacking examination systems
• Electronic transmission of question papers
• Impersonation using technology.

6. Stronger Action Against Organised Crime

The law targets:

• Organised examination mafias
• Inter-state paper leak networks
• Financial beneficiaries of paper leaks
• Repeat offenders, with enhanced punishment.

7. Protection of Honest Candidates

The amendments aim to:

• Preserve the credibility of competitive examinations.
• Restore public confidence after major paper leak incidents.
• Ensure merit-based selection in recruitment and admissions.

COVERED ENTITIES

The law applies to public examinations conducted by central authorities such as:

• UPSC
• SSC
• Railway Recruitment Boards (RRBs)
• IBPS
• National Testing Agency (NTA)
• Ministries and departments of the Central Government
• Other notified public examination authorities.

WAY FORWARD

• Implementation of the law is the key, only passing it won’t help.
• Structured reforms in NTA and other examination bodies are needed for which a task force has been formed under Nandan Nilekani. (formed to create a leak-proof, transparent, and technology-driven public examination system)
• All the stakeholders ie Officials, teachers, coaching owners, parents and most importantly students shall be collectively responsible.
• Avoid over politicisation of the issue.

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