Section 8 of The Public Examinations (Prevention of Unfair Means) Act, 2024
- (1)Any person, including the person associated with a service provider, shall be deemed to have committed an offence if he individually or in collusion with any other person or group of persons or institutions assists any person or group of persons or institutions in any manner unauthorisedly in the conduct of public examination.
- (2)Service provider or any person associated with it shall be deemed to have committed an offence if he fails to report incidence of any unfair means or commission of any offence.
- (3)Where an offence committed by a service provider is, prima facie, established during investigation to have been committed with the consent or connivance of any director, manager, secretary or other officer of such service provider, such person shall also be liable to be proceeded against: Provided that nothing contained in this sub-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
- It is an offence for any person to give unauthorized help to anyone during a public examination.
- Service providers and their staff are legally required to report any cheating or offences they notice.
- If a service provider commits a crime, its directors, managers, or other officers can also be punished if they allowed it to happen.
- Officers of the company can avoid punishment if they prove they did not know about the crime and tried their best to prevent it.
Practical examples
FAQ
1. What happens if a company director truly had no idea a crime was happening?
If they can prove they had no knowledge and used due diligence (proper care) to prevent it, they will not be held liable.
2. Does this law apply to temporary workers hired by a service provider?
Yes, it applies to any person associated with a service provider, including employees and agents.
3. Is failing to report an incident just a minor HR issue?
No, under this Act, failing to report an incident of unfair means is considered a criminal offence.
Test yourself
Q1.Under Section 8 of The Public Examinations (Prevention of Unfair Means) Act, 2024, what must a service provider do if they witness an incident of unfair means?
Q2.Who can be held liable under Section 8 of The Public Examinations (Prevention of Unfair Means) Act, 2024, if a service provider commits an offence?
Q3.To avoid punishment under Section 8 of The Public Examinations (Prevention of Unfair Means) Act, 2024, what must a manager prove if an offence occurred in their firm?
Q4.Under Section 8 of The Public Examinations (Prevention of Unfair Means) Act, 2024, what constitutes an offence regarding the "conduct" of the exam?