Section 13 of The Public Examinations (Prevention of Unfair Means) Act, 2024
The Chairperson, Members, officers and other employees of the public examination authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning 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.
Summary
- This provision designates specific individuals as public servants.
- It applies to the Chairperson, Members, officers, and all other employees of the public examination authority.
- These individuals are considered public servants only when they are acting or intending to act according to the rules of this Act.
- The status of public servant is defined based on the Bharatiya Nyaya Sanhita, 2023.
- Until the Bharatiya Nyaya Sanhita, 2023 is officially in force, the Indian Penal Code, 1860 will be used to define this status instead.
Practical examples
FAQ
1. Who exactly is covered by Section 13?
It covers the Chairperson, all Members, officers, and every employee working for a public examination authority.
2. Which criminal code defines their status?
The Bharatiya Nyaya Sanhita, 2023 is the primary reference, but the Indian Penal Code, 1860 applies until the new code starts.
Test yourself
Q1.Under Section 13 of The Public Examinations (Prevention of Unfair Means) Act, 2024, which group of people is deemed to be public servants?
Q2.According to Section 13 of The Public Examinations (Prevention of Unfair Means) Act, 2024, when are these individuals considered public servants?
Q3.Under Section 13 of The Public Examinations (Prevention of Unfair Means) Act, 2024, which law currently defines a public servant if the Bharatiya Nyaya Sanhita, 2023 is not yet in force?
Q4.How does the status of a person defined in Section 13 affect the legal protections in Section 14 of The Public Examinations (Prevention of Unfair Means) Act, 2024?