Section 10 of The Public Examinations (Prevention of Unfair Means) Act, 2024
- (1)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 ten lakh rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023): Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.
- (2)The service provider shall also be liable to be punished with imposition of a fine upto one crore rupees and proportionate cost of examination shall also be recovered from such service provider and he shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years.
- (3)Where it is established during the investigation that offence under this Act has been committed with the consent or connivance of any Director, Senior Management or the persons incharge of the service provider firm, he shall be liable for imprisonment for a term not less than three years but which may extend to ten years and with fine of one crore rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023): Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.
- (4)Nothing contained in this section shall render any such person liable to any punishment under the Act, if he proves, that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.
Summary
- Service providers (companies) can be fined up to 1 crore rupees and must pay back the cost of the examination.
- Convicted service providers are banned from conducting any public exams for 4 years.
Practical examples
FAQ
1. What happens if I cannot afford to pay the fine?
You will be given additional jail time as per the rules of the Bharatiya Nyaya Sanhita or the Indian Penal Code.
2. How long is the ban for a service provider?
The ban lasts for exactly 4 years from the time they are assigned responsibility for the conduct of any public examination.
Test yourself
Q1.Under Section 10(1) of The Public Examinations (Prevention of Unfair Means) Act, 2024, what is the maximum fine for an individual resorting to unfair means?
Q2.What is the mandatory ban period for a service provider convicted under Section 10(2) of The Public Examinations (Prevention of Unfair Means) Act, 2024?
Q3.Under Section 10(3) of The Public Examinations (Prevention of Unfair Means) Act, 2024, what is the prison range for a director or senior manager who connived in an offence?
Q4.According to Section 10(2) of The Public Examinations (Prevention of Unfair Means) Act, 2024, what else must a service provider pay besides a fine?