Investigations into offences under the Act will have to be completed within two months.
NEW DELHI: The Centre has proposed sweeping changes to the anti-cheating law, seeking to speed up investigations and time-bound trials while introducing tougher punishment for those involved in paper leaks and examination malpractice.Under the proposed Public Examinations (Prevention of Unfair Means) Amendment Bill, the central government to constitute a special task force (STF), wherever necessary, for investigation of offences under the Act.Thereupon, investigations into offences under the Act will have to be completed within two months.After that, within three months from the date of filing of the chargesheet, a time-bound appeal mechanism in the amendment requires the special fast track courts to conduct trials on a day-to-day basis and complete it. Appeals against judgments, sentences or orders passed by a special fast track court will lie before a two-judge bench of the high court, which will be required to dispose of such appeals within three months of their admission.To facilitate this, the Bill empowers all state governments and Union Territory administrations to designate any Court of Session as a special fast track court for trying offences under the Act. According to the Statement of Objects and Reasons, the amendment aims to strengthen the credibility of public examinations by ensuring speedy investigation, time-bound trials and stronger deterrence against paper leaks and organised examination malpractice.
Stricter penalities introduced
For individuals found guilty of offences under the Act, the proposed punishment has been enhanced. The minimum imprisonment has been increased from three years to five years, while the maximum jail term has been raised from five years to 10 years. The maximum fine has also been increased from Rs 10 lakh to Rs 50 lakh.The Bill also proposes stricter action against service providers involved in examination fraud. The maximum fine for such entities has been increased from Rs 1 crore to Rs 5 crore, while the period during which they can be barred from conducting public examinations has been doubled from four years to eight years.Directors, senior managers or other persons responsible for the conduct of the business of a service provider, if found to have connived in the offence, will face a minimum imprisonment of five years, compared with the existing minimum of three years. The proposed fine for such persons has also been increased from Rs 1 crore to Rs 5 crore.The amendment further enhances punishment for organised crime related to paper leaks. The minimum jail term has been increased from five years to seven years, while the proposed maximum fine has been raised from Rs 1 crore to Rs 10 crore.
