Home India Ministry of Law and Justice The Public Examinations (Prevention of Unfair Means) Amendme...
Date: 2026-07-31 Category: Extra Ordinary State: Union Government Country: India

The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026

Issued by Ministry of Law and Justice · Legislative Department

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Executive Summary & Key Takeaways

**Executive Summary** The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026, amends the 2024 Act to significantly increase penalties and expedite legal proceedings. Published on July 31, 2026, the Act introduces stringent timelines for investigations (two months) and trials (three months), while mandating the establishment of Special Fast Track Courts. Key dates include a 30-day window for filing appeals, with an absolute 90-day expiration limit. **Key Points / Main Content** **Enhanced Penalties and Fines** * **General Offences:** Imprisonment is increased to a term between five and ten years, with fines raised up to fifty lakh rupees. * **Service Provider Offences:** For specific violations by service providers, the fine is increased to five crore rupees and the imprisonment term is extended to eight years. * **Organized Crime:** Punishments for organized crime related to public examinations are increased to a minimum of seven years imprisonment and a fine of ten crore rupees. **Investigation Procedures** * **Investigating Authorities:** The Act authorizes the "Special Task Force" (STF), alongside the Central Investigating Agency, to conduct investigations. * **Strict Timelines:** All investigations—whether conducted by local police, Central agencies, or the STF—must be completed within two months from the date of recording information or reference. **Judicial Process and Special Fast Track Courts** * **Court Designation:** State Governments and Union Territory Administrations must designate Courts of Session as "Special Fast Track Courts" (SFTC) for speedy trials. * **Trial Conduct:** Trials must be conducted on a day-to-day basis and completed within three months from the date the chargesheet is filed. * **Transfer of Cases:** Pending cases under the principal Act will be transferred to SFTCs and must be resolved within three months of transfer. * **Prosecution:** States and UTs are required to appoint one or more Special Public Prosecutors for each SFTC. **Appeals and Revisions** * **Appellate Authority:** Appeals against SFTC judgments (excluding interlocutory orders) lie only with the High Court and must be heard by a bench of two judges. * **Disposal Timeline:** The High Court is required to dispose of appeals within three months of admission. * **Filing Deadlines:** Appeals must be preferred within 30 days. While the High Court may allow late filings for sufficient cause, no appeal will be entertained after 90 days. **Impact Analysis** **State Governments and Union Territory Administrations** **Impact:** Responsible for the administrative setup required to implement the fast-track judicial process. **Action Required:** Must consult with the Chief Justice of the concerned High Court to designate Special Fast Track Courts and notify the appointment of Special Public Prosecutors. **Investigating Agencies (Police, CIA, and STF)** **Impact:** Subject to rigorous statutory deadlines for completing criminal inquiries. **Action Required:** Ensure all investigations into examination-related offences are concluded within the mandatory two-month timeframe. **Judiciary (Special Fast Track Courts and High Courts)** **Impact:** Required to prioritize these cases on a day-to-day basis and meet strict disposal deadlines. **Action Required:** SFTCs must conclude trials within three months of the chargesheet; High Courts must dispose of appeals within three months of admission. **Offenders and Service Providers** **Impact:** Face substantially higher financial penalties and longer mandatory prison sentences. **Action Required:** Strict compliance with the provisions of the Public Examinations (Prevention of Unfair Means) Act to avoid enhanced criminal liability.

Key Entities Referenced

The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026: The amending legislation that significantly increases penalties, including fines up to ten crore rupees and imprisonment up to ten years, for malpractices in public examinations. The Public Examinations (Prevention of Unfair Means) Act, 2024: The principal act being amended, which provides the foundational legal framework for preventing and punishing unfair means in public examinations. Special Fast Track Court: Designated judicial bodies mandated for every State and Union territory to ensure day-to-day trials and speedy disposal of cases within three months. Bharatiya Nagarik Suraksha Sanhita, 2023: The procedural law governing the appointment of Special Public Prosecutors and the framework for appeals against judgments from Special Fast Track Courts. Special Task Force: An investigative body that the Central Government may constitute by notification to conduct investigations into offenses under the Act.
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jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—26 REGISTERED NO. DL—(N)04/0007/2003—26 सी.जी.-डी.xएxलx.G-अI.D-3H10x7x2x026-275035 CG-DL-E-31072026-275035 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 25] ubZ fnYyh] 'kqØokj] tqykbZ 31] 2026@Jko.k 9] 1948 ¼'kd½ No. 25] NEW DELHI, FRIDAY, JULY 31, 2026/SRAVANA 9, 1948 (Saka) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 31st July, 2026/Sravana 9, 1948 (Saka) The following Act of Parliament received the assent of the President on the 31st July, 2026 and is hereby published for general information:— BillNo. 139-Fof2026 THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) THE PUBLIC EXAAMMEINNDAMTIEONNTS A(PCRTE, V20E2N6TION OF UNFAIR MEANS) AMENDMENT BILL, 2026 No. 10 of 2026 (AS PASSED BY THE HOUSES OF PARLIAMENT) A An Act to amend the Public Examinations (Prevention of Unfair Means) BILL Act, 2024. to amend the Public Examinations (Prevention of UnfairMeans)Act,2024. BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India as follows:— 1. This Act may be called the Public Examinations (Prevention of Unfair Short title. Means)AmendmentAct, 2026. 1 of 2024. 2. In the Public Examinations (Prevention of Unfair Means) Act, 2024 Amendment of (hereinafterreferred to as theprincipalAct), in section 10,–– section 10. (a)in sub-section (1), for the words “three years but which may extend to five years and with fine up to ten lakh rupees. In”, the words “five years but which may extend up to ten years and with fine up to fifty lakh rupees, and in” shall be substituted;2 THE GAZETTE OF IND2I A EXTRAORDINARY [Part II— (b)in sub-section (2),–– (i)for the words “one crore rupees”, the words “five crore rupees” shall be substituted; (ii) for the words “four years”, the words “eight years” shall be substituted; (c)in sub-section (3),–– (i) for the words “three years”, the words “five years” shall be substituted; (ii) for the words “one crore rupees. In”, the words “five crore rupees, and in” shall be substituted. Amendment of 3.In section 11 of the principal Act, in sub-section (1),–– section 11. (i) for the words “five years”, the words “seven years” shall be substituted; (ii) for the words “one crore rupees. In”, the words “ten crore rupees, and in” shall be substituted. Amendment of 4.In section 12 of the principal Act, in sub-section (2),–– section 12. (a) after the words “Central Investigating Agency”, the words “or a Special Task Force, as that Government may, by notification, constitute in this behalf” shall be inserted; (b)the following proviso shall be inserted, namely:–– “Provided that where the Central Government constitutes a Special Task Force under this sub-section, such investigation shall be done only by the Special Task Force so constituted.”. Insertion of new 5. After section 12 of the principal Act, the following sections shall be sections 12A and inserted, namely:–– 12B. Fast tracked “12A. (1) The investigation of an offence under this Act, shall be investigation and completed–– SpecialFast (a) by an officer empowered to investigate under sub-section (1) TrackCourts. of section 12, within a period of two months from the date on which the information was recorded by the officer in-charge of the police station; or (b) by a Central Investigating Agency, within a period of two months from the date of a reference made to it by the Central Government under sub-section (2) of the said section; or (c) by a Special Task Force, within a period of two months from the date of issuance of notification in this behalf by the Central Government under sub-section (2) of the said section. (2) For the purposes of providing a speedy trial on day-to-day basis, every State Government and Union territory Administration shall, in consultation with the Chief Justice of the concerned High Court, by notification, designate a Court of Session, to be a SpecialFast TrackCourt to try offences under this Act. (3) A Special Fast Track Court designated under sub-section (2) shall, while trying offences under this Act, also try other offences connected thereto with which the accused may be charged under the Bharatiya Nyaya Sanhita, 2023 or any other law for the time being in force, at the same trial. 45 of 2023. (4) In every trial of an offence under this Act, the proceedings shall be continued on day-to-day basis, until all the witnesses in attendance have been examined,unless the Special Fast Track Court, for reasons to be recorded in writing, finds that adjournment of the same beyond the following day is necessary:Sec. 1] THE GAZETTE OF IND3I A EXTRAORDINARY 3 Provided that such trial shall be completed within a period of three months from the date of filing of the chargesheet. (5) The cases or trials pertaining to offences under this Act or any other law for the time being in force as specified in sub-section (3), which are pending on the date of commencement of the Public Examinations (Prevention of Unfair Means) Amendment Act, 2026, shall stand transferred to the Special Fast Track Court designated under sub-section (2). (6) The trial of cases transferred under sub-section (5) shall be conducted by the Special Fast Track Court designated under sub-section (2) from the stage it is received upon such transfer and shall be completed within a period of three months from the date of such receipt. (7) Every State Government and Union territory Administration shall, by notification, appoint one or more Special Public Prosecutors for every Special Fast Track Court in accordance with sub-section (8) of section 18 of the 46 of 2023. Bharatiya Nagarik Suraksha Sanhita, 2023, for conduct of cases under this Act. (8) Every person appointed as a Special Public Prosecutor under this section, shall be deemed to be a Public Prosecutor within the meaning of clause (v) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha 46 of 2023. Sanhita, 2023 and the provisions of that Sanhita shall apply accordingly. 12B. (1) Notwithstanding anything contained in the Bharatiya Nagarik Appeals. 46 of 2023. Suraksha Sanhita, 2023, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Fast Track Court to the High Court. (2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. (3) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, sentence or order including an interlocutory order of a Special Fast Track Court. (4) Notwithstanding anything contained in sub-section (3) of section 419 of the 46 of 2023. Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal shall lie to the High Court against an order of the Special Fast Track Court granting or refusing bail. (5) Every appealunder thissection shall bepreferredwithin aperiodof thirty days fromthe date of the judgment, sentence or orderappealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of the period of ninety days.”. ——— The above Bill has been passed by the Houses of Parliament. DR. RAJIV MANI, Secretary to the Govt. of India. Dated the Chairman. ——— UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. I assent to this Bill. MGIPMRND—487 GI—31.07.2026. Dated the President.

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