10 years behind bars, 1 crore fine: After 13 episodes, Gujarat proposes new law to prevent paper leak

The Gujarat Assembly has passed a Bill that provides for up to 10 years in prison for such malpractices.

The Gujarat government has taken steps to curb paper leaks in various exams conducted by the state. This decision was taken after a few incidents of paper leaks were reported in recent years. To prevent paper leaks in government recruitment exams, the Gujarat Legislative Assembly has unanimously passed a Bill that provides for up to 10 years in prison for such malpractices. This comes after 13 paper leaks since 2014.

As per the provisions of the bill, the accused shall also be liable for fine which shall not be less than Rs 10 lakh, which may extend to Rs 1 crore.

Following a heated debate, the Gujarat Public Examination (Prevention of Unfair Means) Bill, 2023, tabled by Minister of State for Home Harsh Sanghavi, was passed on Thursday as opposition Congress and Aam Aadmi Party (AAP) members gave their nod.

The bill is aimed at curbing "unfair means" which include to leak or attempt to leak a question paper, procure a question paper in an unauthorised manner and to solve such a paper in an unauthorised manner.

Unfair means also include an act of assisting an examinee during examination for monetary gains.

Any examinee (candidate appearing for an exam) indulging in unfair means shall be punished with imprisonment up to three years, and shall also be liable for a fine of not less than Rs one lakh.

If any person obstructs or threatens any member of the inspection team or a person appointed by the examination authority for performing duty, he shall be punished with imprisonment of up to three years, and a fine of not less than Rs one lakh.

If any person, including an examinee, indulges in unfair means or contravenes any of the provisions of the Act, he or she shall be punished with imprisonment for five years which may extend up to 10 years.

Moreover, the accused "shall also be liable for fine which shall not be less than Rs 10 lakh, which may extend to Rs 1 crore".

The offence will become more serious if it falls in the category of "organised crime". "If any person in an organised crime in conspiracy with the examination authority indulges in unfair means, he shall be punished with seven years of imprisonment, which may extend to 10 years with fine of Rs 1 crore," said the bill.

A court can also order attachment of the assets of convicted persons involved in "organised crime." A person convicted under this Act shall be debarred from any public examination for two years.

If a person associated with an institution is found guilty under this Act, such a business entity or institution "shall be liable to pay all cost and expenditure related to the public examination and shall be banned forever".

Any offence committed under the Act shall be investigated by a police officer not below the rank of police inspector but preferably by a deputy superintendent of police, the bill said. The bill was introduced days after the question paper of the panchayat junior clerk examination was found to have been leaked. On January 29, this examination was postponed.

There have been several paper leak cases in Gujarat since 2014. Here are a few notable ones:

Police Constable Recruitment Exam Paper Leak (2014): In 2014, the Gujarat Police arrested five people in connection with the leak of the question paper for the Gujarat Police Constable Recruitment Exam. The accused had allegedly leaked the paper in exchange for money.

SSC Exam Paper Leak (2015): In 2015, the Gujarat Secondary Service Selection Board (GSSSB) cancelled the Social Welfare Officer recruitment exam after it was discovered that the question paper had been leaked. Several people were arrested in connection with the case.

Medical Entrance Exam Paper Leak (2016): In 2016, the Gujarat Police arrested a gang of six people who had allegedly leaked the question paper for the medical entrance exam of the Gujarat Common Entrance Test (GUJCET). The accused had allegedly sold the paper to students for large sums of money.

Police Recruitment Exam Paper Leak (2018): In 2018, the Gujarat Police arrested six people in connection with the leak of the question paper for the Gujarat Police Constable Recruitment Exam. The accused had allegedly leaked the paper in exchange for money.

Forest Guard Recruitment Exam Paper Leak (2019): In 2019, the Gujarat Forest Department cancelled the forest guard recruitment exam after it was discovered that the question paper had been leaked. Several people were arrested in connection with the case.

The latest was in 2022, where the papers for the recruitment exam for forest guards were leaked.