The bill outlines that its main objective is “to effectively and legally check the persons, organised gangs or institutions involved in tampering with the exam system using illegitimate ways for financial gains or illegal gratification” and proposes harsh punishment of up to 10 years in and ₹1-crore fine.

Introducing the bill, Parliamentary affairs minister Vijay Kumar Choudhary said it was an important legislation aimed at ensuring a clean exam system for the youth.

“The Centre had provided model draft of the central legislation to the states and now Bihar has come up with its own legislation. The main objective of the bill is to usher in greater transparency, neutrality and credibility in the examination system by providing a strong deterrent,” he added.

The need for the bill in Bihar

The bill is significant in the backdrop of the ongoing nationwide paper leak controversy in which the state’s name surfaced as well. Following a swift probe into the damning allegations, the Central Bureau of Investigation (CBI) and the Bihar police have made several arrests.

The investigation was handed over to the CBI after the leak of question papers snowballed into a major controversy and also landed before the Supreme Court. The Apex Court observed that the questions were leaked in Patna and Hazaribagh though it stopped short of cancelling the entire exam on the ground that its impact was not across the country.

However, it is not the first time Bihar has had to face this ignominy. There have been several such instances in the past five years including in exams conducted by the state agencies.

For example, the Phase-3 teachers’ recruitment examination conducted by the BPSC was cancelled earlier this year because of the same reason. The re-test was organised this month. Last year, the recruitment exam of constables conducted by the Central Selection Board of Constables for 21,391 vacancies was cancelled due to a question paper leak on the very first day of the examination. Over 18 lakh candidates had applied for the exam. Later, the chairman of the Board and former Bihar Director General of Police (DGP) SK Singhal was removed.

In 2022, the BPSC cancelled its 67th combined (preliminary) competitive exam following allegations of question leaks by an organised gang. Prior to that the SSC (intermediate level) exam was cancelled and the then-chairman was arrested following an uproar. The former chairman of the Bihar School Examination Board was also arrested over allegations of irregularities in board exams.

In 2017, a senior IAS officer was arrested and later suspended for his alleged involvement in the Bihar SSC question leak in 2017. However, he got bail from the Supreme Court in 2021 and his suspension was revoked.

Penal Provisions

The Bill has harsh penal provisions for anybody involved in the crime or facilitating it including up to three-to-five-year jail term and up to ₹10-lakh fine. For the service provider found involved, the fine proposed is ₹1 crore, besides termination of service and recovery of expenditure incurred on conducting the exam. There is also a provision of up to 10 years of imprisonment, a ₹1 crore fine and confiscation of property if the involvement of organised gangs and complicity of the top brass of the service provider is established.

The centre had provided a model draft of the central legislation to the states. The main objective of the bill is to usher in greater transparency, neutrality and credibility to the exam system by ensuring strong action against unscrupulous elements and organised gangs trying to tamper with it.

The bill clearly defines various offences related to unfair means, such as leakage of question paper or answer key or part thereof, the use of fake websites, collusion with service providers, accessing question paper or OMR sheet without authority or making available solution to one or more questions by any unauthorised person during a public examination or directly or indirectly assisting in any way.

Tampering with answer sheet or OMR sheet, altering assessment, wilful violation of set norms or standards, tampering with documents required for preparing the merit list, deliberate violation of security measures, tampering with computer network, manipulation of Swati bf arrangement, threatening persons associated with exams or conduct of fake exams/ issue of fake admit cards … all come under the purview of the crime.

It empowers officers not below the rank of Deputy Superintendent of Police to investigate offences under the Act and fixes accountability on the service provider in an era of outsourcing.

“Service provider or any person shall be deemed to have committed an offence if he fails to report any incidence of unfair means or if he is himself found involved in any way “ says the bill.

Point- counterpoint

This bill proposes harsh punishment to deter the organised gangs and anti-socials involved in question paper leaks or trying to influence exam results in any manner. The Parliamentary Affairs Minister termed it the “need of the hour” in view of growing challenges. Once notified, all crimes under this law will be cognisable, non-bailable and non-compoundable.

Though the Opposition staged a walkout when the bill was tabled for discussion, RJD spokesman Mrityunjay Tiwari said that no law would be effective if the intent of the people manning the key positions in the examining bodies is not right.

“The problem is that the clout of the government is no more there. Law to prevent the use of unfair means in exams has always been there. If the questions land in the hands of unscrupulous elements, the exam will always be compromised. How the questions land in the wrong hands is the bigger challenge, as it cannot happen without the role of any insider at any stage,” he added.

He said the intent was more important, as there are many laws, which could never make any impact and remained a piece of paper. “As a common man, I know a simple thing that question paper leak gangs thrive because they have access to confidential sections. In the NEET-UG paper leak, the kingpin Sanjiv Mukhiya is still out of the clutch of the CBI and that tells the entire story,” he added.