Section 11 of The Public Examinations (Prevention of Unfair Means) Act, 2024
- (1)If a person or a group of persons including the examination authority or service provider or any other institution commits an organised crime, he shall be punished with imprisonment for a term not less than five years but which may extend to ten years and with fine which shall not be less than 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.
- (2)If an institution is involved in committing an organised crime, its property shall be subjected to attachment and forfeiture and proportionate cost of examination shall also be recovered from it.
Summary
- Organised crime involves a person or group using unfair means in a conspiracy for wrongful gain.
- If an institution is involved in organised crime, the government can seize (attach) and take away (forfeit) its property.
- Institutions involved in organised crime must also pay back the proportionate cost of the exam.
Practical examples
FAQ
1. What makes a crime "organised" under this Act?
It is "organised" if it is committed by a person or group in collusion and conspiracy for wrongful gain.
2. Is there a maximum limit on the fine for organised crime?
The law sets a minimum of 1 crore rupees, but it does not specify a maximum, though additional prison time is added if it is not paid.
Test yourself
Q1.Under Section 11(1) of The Public Examinations (Prevention of Unfair Means) Act, 2024, what is the minimum fine for committing an organised crime?
Q2.What is the maximum possible prison sentence for a person convicted of organised crime under Section 11(1) of The Public Examinations (Prevention of Unfair Means) Act, 2024?
Q3.Under Section 11(2) of The Public Examinations (Prevention of Unfair Means) Act, 2024, what can happen to an institution's property if it is involved in organised crime?
Q4.According to Section 11(1) of The Public Examinations (Prevention of Unfair Means) Act, 2024, who can be charged with organised crime?