Section 9 of The Public Examinations (Prevention of Unfair Means) Act, 2024
All offences under this Act, shall be cognizable, non-bailable and non-compoundable.
Summary
- All crimes listed under this Act are cognizable, meaning police can arrest a suspect without needing a warrant from a judge.
- Offences are non-bailable, so a suspect does not have an automatic right to be released on bail while waiting for trial.
- Offences are non-compoundable, which means the case cannot be settled or cancelled through an agreement between the parties.
Practical examples
FAQ
1. Can I get out of jail immediately after being arrested for an exam crime?
Since the crimes are non-bailable, you do not have a right to bail; it is up to the court to decide if you can be released.
2. Does a police officer need a warrant to search my house if they suspect exam fraud?
Because the offences are cognizable, the police have broader powers to act quickly, including making arrests without a warrant.
3. Can the exam board agree to drop the criminal case if I pay for the damages?
No, these are non-compoundable offences, so they cannot be settled privately.
Test yourself
Q1.Under Section 9 of The Public Examinations (Prevention of Unfair Means) Act, 2024, what does the term "cognizable" mean for an offence?
Q2.Which of the following is true for all offences under Section 9 of The Public Examinations (Prevention of Unfair Means) Act, 2024?
Q3.If a person is accused of an offence under The Public Examinations (Prevention of Unfair Means) Act, 2024, can they settle the matter out of court according to Section 9?
Q4.Under Section 9 of The Public Examinations (Prevention of Unfair Means) Act, 2024, how does the law treat bail for these offences?