New paper leak bill prescribes 2-month window for probes, speedy trials

A new stringent bill against examination paper leak aims for stricter punishment, hikes the minimum jail term and quantum of fines, and promises speedy trials by setting up fast-track courts that are mandated to finish trials within three months from the filing of the chargesheet.Overhauling the Public Examinations (Prevention of Unfair Means) Act, 2024, the government will introduce on Monday a series of amendments promised by Prime Minister Narendra Modi in the wake of surging protests by students. The bill allows for the formation of a special task force, time-bound probe, and daily proceedings during trial.“In recent years, there have been some incidents of question paper leakages and malpractices in examinations conducted by public examination authorities, which tend to affect the transparency and fairness of the public examinations system. Hence, in order to further strengthen the fairness, to enhance the credibility of the public examinations system and to facilitate speedy trial and ensure time bound investigations of offences under the said act, it is necessary to make amendments in the said Act,” said the statement of objects of the bill, a copy of which HT has seen.Also Read | Fear of losing Gen Z, poll math forced BJP's hand in Dharmendra Pradhan's resignationAccording to the proposed law, anyone resorting to “unfair means and offences”, shall be punished with imprisonment for a term not less than “five years but which may extend up to ten years and with fine up to fifty lakh rupees.” Similarly, the service provider can be punished with a fine of ₹5 crores and the proportionate cost of examination shall also be recovered from the service provider, who will be barred from any responsibility for a public examination for eight years.In the current bill, the jail term for unfair means and offences was three to five years with ₹10 lakh fine. Similarly, service providers’ fine was one crore with a ban for four years.The proposed legislation increased the minimum jail term to five years from three, and the fine to ₹5 crore from ₹2 crore for any director, senior management or persons in-charge of the service provider firm found guilty during the investigation.Also Read | Pralhad Joshi gets education ministry charge as Dharmendra Pradhan's resignation acceptedFor organised crime resulting in paper leaks, a person or a group of persons shall be punished with a minimum jail term of seven years which may extend to 10 years with a fine of ₹10 crore.Union minister for the department of personnel and training Jitendra Singh, who is also the government interlocutor with student protesters along with Union health minister JP Nadda, is set to introduce the bill in the Lok Sabha on Monday.The proposed bill inserts two new sections — 12A and 12B — for speedy probe and trials. The current bill stipulated investigation by federal agencies. The new bill allows the government to set up a special task force for the same purpose. The new sections say a central investigating agency or special investigation team shall complete the probe “within a period of two months from the date of a reference made to it by the central government.”Also Read | ‘Not a matter of personal prestige’: Dharmendra Pradhan quits over paper leaksMaking specific provisions for the fast track courts, the bill stated, “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 special fast track court to try offences under this act.”It also imposes strict timelines for trial.“In every trial of an offence under this act, the proceedings shall be continued on a 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: Provided that such trial shall be completed within a period of three months from the date of filing of the chargesheet,” the provisions of the new legislation said.The bill said that 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”.“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,” it added.“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” and “an appeal shall lie to the high court against an order of the special fast track court granting or refusing bail.”The bill also tightened provisions for appeals. “Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed 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,” it said.