The Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, which was introduced in Lok Sabha on July 27, 2026, has been passed, significantly overhauling the legal framework governing malpractices in public examinations. The amendment to the Public Examinations (Prevention of Unfair Means) Act, 2024, comes in the wake of the cancellation and re-conduction of NEET 2026 in May and June 2026, respectively, following an alleged paper leak.
The Statement of Objects and Reasons accompanying the Bill notes that the amendments aim to strengthen fairness, enhance the credibility of the public examination system, and facilitate time-bound investigation and speedy trial. The Act applies to examinations conducted by specified authorities, including the Union Public Service Commission, Staff Selection Commission, Railway Recruitment Boards, Institute of Banking Personnel Selection, National Testing Agency, and central government ministries and their attached offices.
Enhanced Penalties
The Amendment Bill substantially increases the quantum of punishment for offences under the parent Act. For an individual using unfair means, the imprisonment term has been increased from a range of three to five years to a stricter range of five to ten years, with the maximum fine rising from Rs 10 lakh to Rs 50 lakh.
Penalties for service providers and their persons-in-charge have also been escalated. A service provider found engaging in unfair means now faces a minimum imprisonment of five years (up from three) and a fine of Rs 5 crore (up from Rs 1 crore). For persons-in-charge of such service providers, the minimum imprisonment has been raised from five to seven years, and the minimum fine has been increased from Rs 1 crore to Rs 10 crore.
Debarment and Investigation
The period of debarment for service providers involved in unfair means has been doubled from four years to eight years, preventing them from being assigned any responsibility for conducting public examinations during this extended period.
Regarding investigation, the Bill empowers the central government to constitute a Special Task Force to investigate offences under the Act. This is in addition to the existing provision for investigation by an officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police. The amendment introduces a strict timeline, mandating that investigations must be completed within two months.
Special Fast Track Courts and Trial Timeline
A key feature of the amendment is the mandatory establishment of Special Fast Track Courts. Every state and union territory is now required to designate a Court of Session as a Special Fast Track Court to try offences under the Act. These courts will also have jurisdiction over connected offences under the Bharatiya Nyaya Sanhita, 2023, or other laws, in the same trial. States and union territories must also appoint one or more special public prosecutors for each court. All pending cases under the Act will stand transferred to these designated courts.
The Bill mandates that trials be conducted on a day-to-day basis until all witnesses in attendance have been examined. Adjournments beyond the following day are permissible only for reasons recorded in writing. Trials must be completed within three months from the date of filing of the chargesheet, and transferred pending cases must be concluded within three months from the date of transfer.
Appeals
Appeals against judgments, sentences, or orders of the Special Fast Track Courts will now lie before a bench of two Judges of the High Court. Appeals must be filed within 30 days of the order. While the High Court may entertain a delay for sufficient cause, no appeal may be entertained after 90 days. The High Court is expected to dispose of appeals, as far as possible, within three months from admission.
