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The Public Examinations (Offences) Act, 1980

( ACT NO. XLII OF 1980 )

[ 28th March, 1980 ]

An Act to provide for the punishment of offences relating to public examinations.

 
 
 
WHEREAS it is expedient to provide for the punishment of offences relating to public examinations;
 
 
 
 
It is hereby enacted as follows:-
 
 
 

Short title
1. This Act may be called the Public Examinations (Offences) Act, 1980.
Definitions

2. In this Act, unless there is anything repugnant in the subject or context,-

 
 
 
 

(a) “Board” means a board, body, authority or institution, by whatever name called, established or constituted by or under any law for the time being in force for the organisation, regulation, supervision, control or development of education of any type;

 

1[(aa) "digital manipulation" includes unauthorized access to, hacking, alteration, modification, deletion or suppression of any public examination database;]

 
 
 
 

(b) “examination hall” means a place or premises where a public examination is held;

 
 
 
 

(c) “examinee” means a person in whose name a written authority, by whatever name called, for admission to a public examination has been issued by a University or Board;

 
 
 
 

(d) “public examination” means any examination that is, or may be, held, conducted, regulated or organised by a University or Board; and

 
 
 
 

(e) “University” means a University established by or under any law for the time being in force.

Personation at public examination
3. Whoever,-
 
 
 
 
(a) not being an examinee, enters the examination hall during a public examination declaring himself or holding himself out as an examinee; or
 
 
 
 
(b) appears at a public examination in the name of any other person or in a fictitious name,
 
 
shall be punishable with imprisonment for a term which may extend to 2[five years and shall not be less than one year].
Entrance with electronic devices and violation of directions

3[3A.  Whoever, without lawful authority, enters or attempts to enter an examination hall or examination center while in possession of any electronic device prohibited by the authority concerned in connection with the conduct of public examination, or willfully violates any lawful direction, instruction or regulation issued by such authority, shall be punishable with imprisonment for a term which may extened to five years, and shall also be liable to fine.]

Publication or distribution of question papers before public examination

4. 4[Whoever possesses, discloses, publishes or distributes, by any means whatsoever including online platform,] before any public examination is held,-

 
 
 
 

(a) any paper containing any question set for such examination; or

 
 
 
 

(b) any paper containing any question falsely purporting to be set for such examination or intending that the same may be treated as identical with any question set for such examination,

 
 
 
 

shall be punishable with imprisonment for a term which may extend to 5[6[five years] and shall not be less than three years, and shall also be liable to fine].

Altering or tampering with any marks, etc.
5. Whoever, without any lawful authority, alters or tampers with, in any manner, any marks, mark sheet, tabulation sheet, certificate, diploma or degree relating to any public examination, shall be punishable with imprisonment for a term which may extend to four years, or with fine, or with both.
Punishment for digital manipulation

7[5A.  Whoever commits digital manipulation, shall be punishable with imprisonment for a term which may extend to five years, and shall also be liable to fine.]]

Making, etc., of false mark sheet, certificate, diploma or degree

6. Whoever makes, prints, distributes, or uses or, without lawful excuse, has in his possession any mark sheet, certificate, diploma or degree relating to any public examination which he knows to be false or not issued by the University or Board having authority to issue the same, shall be punishable with imprisonment for a term which may extend to 8[9[five years] and shall not be less than three years, and shall also be liable to fine].

Possession of blank form of mark sheet, certificate, diploma or degree
7. Whoever, without lawful excuse, has in his possession any blank form of mark sheet, certificate, diploma or degree relating to any public examination which has not been issued or delivered to him by or under the authority of the University or Board, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
Substitution of or addition to answer scripts

8. Whoever substitutes one answer script relating to any public examination or part thereof for another or adds to an answer script any extra page with answer not written by the examinee himself in the examination hall during the examination period, shall be punishable with imprisonment for a term which may extend to 10[11[five years] and shall not be less than three years, and shall also be liable to fine].

Helping examinees
9. Whoever helps any examinee-
 
 
 
 
(a) by supplying in the examination hall any written answer or any book or written paper or any page thereof or extract therefrom; or
 
 
 
 
(b) by dictating any answer orally or by any mechanical means 12[; or
 
 
 
 
(c) by any other means whatsoever,]
 
 
 
 
shall be punishable with imprisonment for a term which may extend to 13[five years and shall not be less than two years, and shall also be liable to fine].
Organized examination crime

14[9A.  Whoever enters into, offers to enter into, or acts upon any contract, agreement or arrangement, whether written or oral, with an examinee or with any person on his behalf, for the purpose of assisting such examinee by applying any unfair means in a public examination, shall be punishable with imprisonment for a term which may extend to five years, and shall also be liable to fine.]

Conducting public examinations or examining answer scripts by unauthorised persons
10. Whoever, not being appointed or authorised by a University or Board, conducts any public examination in an examination hall or examines any answer script relating to a public examination, or whoever conducts any public examination in an examination hall or examines any answer script relating to a public examination in the name of any other person or in a fictitious name, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
Undue assessment of answer scripts

15[10A.  Whoever over-assesses or under-assesses any public examination answer scripts, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both:

Provided that no person shall be convicted of an offence under this section unless such over-assessment or under-assessment is determined by a third examiner.]

Obstructions in public examinations
11. Whoever in any manner intentionally-
 
 
 
 
(a) obstructs any person in the discharge of his duties in connection with a public examination; or
 
 
 
 
(b) obstructs the holding of a public examination; or
 
 
 
 
(c) creates disturbances in any examination hall,
 
 
 
 
shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both.
Offences by officers or employees of University or Board
12. Whoever, being an officer or employee of a University or Board or being entrusted with any duty or responsibility in connection with any public examination, commits an offence under this Act shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
Liability of institutions and service providers

16[12A.  Where any offence under this Act is committed due to aiding, collusion or willful act of any institution or service provider related with conducting public examinaiton, such institution or service provider shall be liable to fine and may also be subject to debarment, suspension of license, or blacklisting, as the case may be.]

Abetment of and attempt to commit offences under this Act
13. Whoever abets or attempts to commit any offence under this Act shall be punishable with the punishment provided for the offence.
Special provision for children in conflict with this Act

17[13A.  Notwithstanding anything contained in any other provision of this Act, if a child is in conflict with any provision of this Act, he shall be dealt with the provisions of the Children Act, 2013 (Act No. XXIV of 2013).]

Whistleblower protection

18[13B.   (1) Whoever provides credible. information regarding any offence relating to examination, shall be protected from disclosure of identity, legal liability and retaliation.

(2) Whoever violates the provision of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.]

Procedure

19[14.  Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898),-

(a) an offence under this Act shall be congnizable;

(b) no Court other than that of a Metropolitan Magistrate in metropolitan area or a Senior Judicial Magistrate (Magistrate of the first class) other than in metropolitan area shall try an offence under this Act; and

(c) a Court trying an offence under this Act shall try the offence summarily in accordance with the procedure laid down in the said Code for summary trial of summons cases.]

Rule making power

20[14A.  The Government may, for carrying out the purposes of this Act, by notification in the official Gazette, make rules.]

Repeal and savings
15. (1) The Public Examinations (Offences) Ordinance, 1980 (VI of 1980), is hereby repealed.
 
 
 
 
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act.
 
 
  • 1
    clause (aa) was inserted by section 2 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 2
    The words “five years and shall not be less than one year” were substituted for the words and commas “two years, or with fine, or with both” by section 2 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)
  • 3
    Section 3A was inserted by section 3 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 4
    The words and commas “Whoever possesses, discloses, publishes or distributes, by any means whatsoever including online platform,” Were substituted for the words and commas "Whoever discloses, publishes or distributes, by any means whatsoever," by the section 4 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 5
    The words and comma “ten years and shall not be less than three years, and shall also be liable to fine” were substituted for the words and commas “four years, or with fine, or with both” by section 3 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)
  • 6
    The words "five years” were substituted for the words "ten years" by section 4 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 7
    Section 5A was inserted by section 5 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 8
    The words and comma “seven years and shall not be less than three years, and shall also be liable to fine” were substituted for the words and commas “four years, or with fine, or with both” by section 4 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)
  • 9
    The words "five years” were substituted for the words "Seven years" by section 6 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 10
    The words and comma “ten years and shall not be less than three years, and shall also be liable to fine” were substituted for the words and commas “two years, or with fine, or with both” by section 5 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)
  • 11
    The words "five years” were substituted for the words "ten years" by section 7 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 12
    The semi-colon and word “; or” were substituted for the comma (,) and clause (c) was added by section 6 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)
  • 13
    The words and comma “five years and shall not be less than two years, and shall also be liable to fine” were substituted for the words and commas “two years, or with fine, or with both” by section 6 of the Public Examinations (Offences) (Amendment) Act, 1992 (Act No. XLI of 1992)
  • 14
    Section 9A was inserted by section 8 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 15
    Section 10A was inserted by section 9 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 16
    Section 12A was inserted by section 10 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 17
    Section 13A was inserted by section 11 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 18
    Section 13B was inserted by section 11 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 19
    Section 14 was substituted by section 12 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
  • 20
    Section 14A was inserted by section 13 of Public Examinations (Offences) (Amendment) Act, 2026 (Act No. 100 of 2026).
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Ministry of Law, Justice and Parliamentary Affairs