Odisha unveils strict anti-cheating bill, proposes fines up to ₹10 lakh and 5 years in jail

The Odisha government's new anti-cheating bill, introduced amid accusations of irregularities in various public examinations, includes stringent provisions such as making exam cheating a cognizable, non-bailable, and non-compoundable offence. It also prescribes penalties of up to five years in prison and fines of up to ₹10 lakh.

The Odisha Public Examinations (Prevention of Unfair Means) Act, 2024, is expected to be approved during the upcoming state assembly session, which begins on November 26.

According to Chief Secretary Manoj Ahuja, the aim of the bill is "to prevent various forms of unfair practices, such as impersonation, cheating, and disrupting the examination process, as well as the leakage of exam-related information before the scheduled time and unauthorized entry into exam halls."

“Any person or persons resorting to unfair means or committing offenses shall be punished with imprisonment ranging from three to five years, along with a fine of up to ₹10 lakh,” Ahuja said after the cabinet meeting.

While police have previously filed charges under the Indian Penal Code (IPC) and, since July, the Bharatiya Nyaya Sanhita (BNS), there has been no specific penal provision for addressing unfair tactics during examinations.

Under the BNS, cheating carries a penalty of up to three years in prison, while under the IPC, it can last up to seven years.

Once enacted, the law will govern all examinations conducted by the Odisha Public Service Commission, Odisha Staff Selection Commission, Odisha Subordinate Staff Selection Commission, and Service Selection Board.

It will also apply to recruitment exams for the state government and its lower-level offices, as well as recruitment by the Odisha Police Selection Board and the State Selection Board, established under the Odisha Education (Selection Board for the State) Rules, 1992.

Furthermore, the Odisha Professional Educational Institution (Regulation of Admission and Fixation of Fee) Act, 2007, will regulate the Odisha Joint Entrance Examination (OJEE).

Significantly, third-party service providers responsible for conducting exams could face fines of up to ₹1 crore. Additionally, these service providers would be required to recover the appropriate examination costs.

“In case of default in payment of fines, additional punishment, including imprisonment, shall be imposed as per the provisions of the Bharatiya Nyaya Sanhita, 2023,” one officer said.

Due to significant inconsistencies in the way some exams were conducted, job applicants in Odisha protested last month, calling for the cancellation of online exams held by various state government organizations for positions such as tax inspectors, ICDS supervisors, and statistical officers.

Last year, there were also reports of irregularities at the Odisha Public Service Commission.