From fake websites to bogus offer letters: What UP’s new law on unfair means in public exams covers

The punishment for an offence under the Act is 2-10 years

UP govt's new law on unfair means Representative Image

A new bill in Uttar Pradesh has given a comprehensive definition of what constitutes unfair means in a public examination and prescribed a minimum punishment of two years plus a fine for the offence.

The Uttar Pradesh Public Examinations (Prevention of Unfair Means) Bill lists fake websites made for monetary gains; fake offer/placement letters; the conduct of fake examinations; the circulation of question papers before the examination touting these as fake; and even a delay in giving information to relevant authorities about possible use of unfair means. So wide is its expanse that it also includes the promise of such information that shall lead a candidate to believe that the said information will offer some benefit in a public examination. 

Unfair means defined in the Act include: information given either written, printed or photocopied and extends to that given via the use of any gadget, besides electronic means. Any information hidden in the garments of the examinee, or in furniture, fixtures, or fitments in the examination hall shall also qualify as unfair means. Any tampering with the computer networks or computer resources falls under unfair means too. 

Students who find themselves at the end of the use of such means will pay for at least one year by being barred from all public examinations for the duration. 

The minimum punishment for an offence under the Act is two years- extendable to 10. Fines range between Rs 2 lakh to 1 crore.

Any person, in association with a gang of solvers or otherwise who, for monetary gain, threatens or obstructs an individual involved in the conduct of public examinations shall be liable for life imprisonment, and a fine ranging from Rs 50 lakh to 1 crore. 

To make the law even fiercer, any person employed with such a company, which is involved in the examination process, shall be considered guilty and shall be liable for punishment. 

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