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APPLICATION OF THE ACT

The act covers only specified public examinations conducted by Central authorities mentioned under the Schedule including examinations conducted by:

• Union Public Service Commission (UPSC)
• Staff Selection Commission (SSC)
• Railway Recruitment Boards (RRBs)
• Institute of Banking Personnel Selection
• Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff
• National Testing Agency
• Such other authority as may be notified by the Central Government

MEANING OF “UNFAIR MEANS”

The Act gives an expansive definition of “unfair means” under Section 3. It criminalises virtually every organised method through which examination integrity may be compromised.

Unfair Means includes:

• Any unauthorised access to question papers before commencement of examination.

• Sharing confidential answer keys before official publication.

• Providing assistance to candidates by giving answers during examination through electronic communication, external assistance or by using hidden devices.

• Tampering with computer systems by hacking examination servers, altering databases, manipulating digital examination systems or by unauthorised access to computer networks.

• Using another person to write an examination or appearing on behalf of another candidate is specifically criminalised.
• Conducting fake recruitment examinations or issuing fake admit cards, scorecards, or appointment letters.

• Manipulation of merit lists by altering marks, rankings, selection lists or evaluation records.

The Central Government may authorise investigating officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police to investigate offences under the Act. The offences under the Act are Cognizable, Non-bailable and Non-compoundable. This means police can investigate without prior court permission, bail is not automatic, and parties cannot privately settle such offences.

The legislation prescribes stringent punishments.

1. 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 ten lakh rupees.
2. Where offences are committed by organised groups they may face imprisonment from 5 to 10 years and minimum fine of rupees 1 crore. 
3. The Act also fixes responsibility upon examination service providers, they may be fined up to rupees 1 crore and proportionate examination costs may be recovered from them and they may be barred from being assigned with any responsibility for the conduct of any future government examinations for 4 years.

If an institution is involved in committing an organised crime, its property shall be subjected to attachment and forfeiture and proportionate cost of examination shall also be recovered from it.

THE ANTI-PAPER LEAK ACT, 2026

Formally known as the Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 is a legislation introduced in India’s Lok Sabha on July 2026.

key Amendments includes-

1. It raises individual prison sentences from 3 years to between 5 and 10 years for convicts involved in leaks.
2. It increases fine up to 50 lakh rupees for individual and up to 10 crore rupees for organized crime networks or conspiring institutions.
3. Service providers face fines up to 5 crore rupees and an 8 years debarment. 
4. It mandates special fast-track courts in states and union territories to finish trials within three months of filing a chargesheet.
5. It requires police or special task force investigations to conclude within two months.