The Public Examinations (Prevention of Unfair Means) Act, 2024 is a step in the right direction but has significant gaps in coverage. Examine.

Q. The Public Examinations (Prevention of Unfair Means) Act, 2024 is a step in the right direction but has significant gaps in coverage. (15 marks, 250-350 words)

Enacted in 2024 after paper leaks in NEET-UG and UGC-NET shook public confidence, the Act is India's first central law dedicated to criminalising organised examination malpractice [2]. It strengthens deterrence considerably, yet its coverage stops short of the ecosystem where leaks actually occur.

Merits: why it is a step forward - Clear codification: leaks were earlier prosecuted under scattered general penal provisions; the Act now defines specific unfair means — unauthorised access or leakage of question papers/answer keys, computer tampering, fake examinations and premature disclosure [1]. - Deterrent punishment: three to five years' imprisonment with fine up to ₹10 lakh; for organised crime, five to ten years with a minimum ₹1 crore fine [1]. - Liability of private vendors: service providers face fines up to ₹1 crore, a four-year debarment from conducting examinations, and a duty to report violations; senior management face imprisonment for connivance [1]. - Enforcement teeth: offences are cognizable, non-bailable, investigated by an officer not below DSP/ACP rank [1]. - Candidate-protective design: it targets the leak mafia, not examinees, covering UPSC, SSC, RRB, NTA and IBPS examinations [2].

Gaps in coverage - Narrow institutional scope: only notified central authorities are covered; self-regulated consortia — such as the Consortium of NLUs conducting CLAT — and private university entrances remain outside [1]. - State examinations excluded, leaving state recruitment tests dependent on uneven state legislation [1]. - Punitive, not preventive: it prescribes no mandatory real-time leak-detection or emergency-postponement protocol once material circulates before an exam. - Silence on candidate remedies: re-examination, compensation and timelines are unaddressed, pushing aggrieved aspirants into protracted litigation.

The Act is best read as a strong first instalment rather than a complete framework. The 2026 Amendment — sharper penalties, a special investigative task force, fast-track courts and time-bound trials — deepens deterrence [3]; extending statutory coverage to all high-stakes entrance tests and building preventive security standards would complete the reform, securing the Article 14 promise of fair opportunity.

(~325 words)

Sources: 1. The Public Examinations (Prevention of Unfair Means) Bill, 2024 — PRS Legislative Research — scope and listed authorities, defined offences, penalties, service-provider liability, DSP/ACP-level investigation, exclusion of state and non-listed bodies 2. Lok Sabha passes the Public Examinations (Prevention of Unfair Means) Bill, 2024 — Press Information Bureau — legislative context after recruitment and entrance test leaks; examinations covered 3. The Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026 — PRS Legislative Research — enhanced penalties, special task force, fast-track courts and time-bound trials