NEW DELHI: Tightening the noose around individuals, service providers and organised gangs involved in paper leaks, the Centre has proposed longer jail terms, steeper fines, and time-bound investigation and disposal of trials and appeals.According to the Public Examinations (Prevention of Unfair Means) Amendment Bill circulated to Members of Parliament, the minimum jail term for offences committed by individuals, as well as directors, senior management personnel or persons in charge of service providers conducting public examinations, has been increased to three years. In cases involving organised crime, the minimum imprisonment has been proposed at seven years.
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The Bill proposes that any person resorting to unfair means or committing offences under the law shall be punished with imprisonment of at least five years, which may extend to 10 years, along with a fine of up to Rs 50 lakh.It also proposes that any service provider found guilty would face a fine of up to Rs 5 crore — a five-fold increase over the existing provision — and would be barred from conducting public examinations for eight years, compared with the current four-year debarment.If an investigation establishes that an offence was committed with the consent or connivance of any director, senior management personnel or person in charge of a service provider, such individuals would be liable to a minimum imprisonment of five years, extendable up to 10 years. The proposed maximum fine has also been increased from the existing Rs 1 crore to Rs 5 crore.Seeking to amend Section 11 of the 2024 Act dealing with organised crime, the Bill proposes that if a person or group of persons, including an examination authority, service provider or any other institution, commits an organised crime, the minimum jail term would be increased to eight years from the current five years. The maximum penalty would also be raised tenfold to Rs 10 crore.To ensure speedy investigations, the Bill proposes that the government may constitute a Central Investigation Agency or a Special Task Force (STF). Where an STF has been constituted, it would carry out the investigation. The Bill also seeks to insert a new provision mandating that every investigation be completed within two months.For faster trials, the Bill provides for day-to-day proceedings and empowers states to establish Special Fast Track Courts in consultation with the Chief Justice of the respective High Court. It mandates that trial proceedings shall continue on a day-to-day basis until all witnesses in attendance have been examined.The Special Fast Track Courts would be required to dispose of cases within three months from the date of filing of the chargesheet.The Bill further proposes that any appeal against an order of a Special Fast Track Court shall be heard by a division bench of the High Court, which must dispose of the appeal within three months. It also mandates that every appeal be filed within 30 days from the date of the order.
