Question Details

The Public Examinations (Prevention of Unfair Means) Act, 2024 that has provision for up to five years’ imprisonment and a fine of up to 1 crore for malpractices and organized cheating in government recruitment exams was notified by the Union government and came into effect from June 21, 2024. The Bill had received assent from the President of India on the 13th February 2024. The Public Examinations (Prevention of Unfair Means) Act, 2024 mentions punishments for ”leakage of question paper or Correct Answer key”, ”directly or indirectly assisting the candidate in any manner unauthorisedly in the public examination” and ”tampering with the computer network or a computer resource or a computer system” as offences done by a person, group of persons or institutions.


Besides these, ”creation of fake website to cheat or for monetary gain”, ”conduct of fake examination, issuance of fake admit cards or offer letters to cheat or for monetary gain” and ”manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations” are also among the offences punishable under the law. ”Any person or persons resorting to unfair means and offences under this Act shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to 10 lakh,” said the Act.


A service provider, engaged by the public examination authority for conduct of examinations, shall also be liable to be punished with imposition of a fine up to 1 crore ”and proportionate cost of examination shall also be recovered” from it, according to the Act. Such service providers shall also be barred from being assigned with any responsibility for the conduct of any public examination for a period of four years. [Extracted, with edits and revisions from ”Act that Punishes Organized Cheating in Government Exams Comes into Effect” published in The Hindu dated 22-06-2024


An invigilator of a public examination found guilty of manipulating the seating arrangement to favour his relative writing the public examination is punished by the Court. Which among the following is the appropriate punishment as per the punishment mentioned in the above passage?

Options

A

Imprisonment for 1 year and fine of 1 lakh

B

Imprisonment for 2 years and a fine of 10 lakhs

C

Imprisonment for 3 years and fine of 15 lakhs

D

Imprisonment for 4 years and fine of 5 lakhs

Show Answer

Correct Answer :

Option C

Imprisonment for 3 years and fine of 15 lakhs

Solution :

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The correct answer is: Imprisonment for 4 years and fine of 5 lakhs


Step-by-step Explanation:

1. Analyze the Offence:
The question asks for the appropriate punishment for an invigilator who manipulated the seating arrangement to favour a relative. According to the passage, ”manipulation in seating arrangements, allocation of dates and shifts for the candidates to facilitate adopting unfair means in examinations” is an offence under the Act committed by a person/group of persons.


2. Extract the Prescribed Punishment from the Passage:
The passage explicitly states:
”Any person or persons resorting to unfair means and offences under this Act shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to 10 lakh.”


From this provision, we get two criteria for a legally valid punishment under this law:
Imprisonment: Minimum 3 years, Maximum 5 years (Range: 3 to 5 years).
Fine: Maximum 10 lakh rupees (Up to 10 lakhs).


3. Evaluate the Given Options:
Option 1: Imprisonment for 1 year and fine of 1 lakh — Invalid (1 year is less than the minimum statutory limit of 3 years).
Option 2: Imprisonment for 2 years and a fine of 10 lakhs — Invalid (2 years is less than the minimum statutory limit of 3 years).
Option 3: Imprisonment for 3 years and fine of 15 lakhs — Invalid (15 lakhs exceeds the maximum fine limit of 10 lakhs).
Option 4: Imprisonment for 4 years and fine of 5 lakhsValid (4 years falls strictly within the 3–5 years range, and 5 lakhs is within the 'up to 10 lakh' fine limit).


Hence, Imprisonment for 4 years and fine of 5 lakhs is the only appropriate punishment matching the criteria defined in the Act.

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