28/07/2026
Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026 - Key Legislative Amendments
1. Substantive Penalties & Sentence Enhancements:
The Bill significantly ramps up quantum of punishment and financial liability across key provisions:
• Section 10(1) (General Offences / Unfair Means):
o Imprisonment: Increased from 3–5 years to 5–10 years.
o Fine: Increased from up to ₹10 Lakhs to up to ₹50 Lakhs.
• Section 10(2) & 10(3) (Service Providers & Management Liability):
o Service Provider Fine: Escalated from ₹1 Crore to ₹5 Crores.
o Debarment: Extended from 4 years to 8 years.
o Management/Directors Liability [10(3)]: Minimum imprisonment raised from 3 years to 5 years (upper cap remains 10 years). Fine increased to ₹5 Crores.
• Section 11(1) (Organised Crimes):
o Imprisonment: Cap modified from 5–10 years to 7–10 years.
o Fine: Minimum threshold increased from ₹1 Crore to ₹10 Crores.
2. Investigative Framework (Section 12 & 12A)
• Special Task Forces (STF): Section 12(2) introduces the creation of a Special Task Force via notification. Where an STF is notified by the Central Government, it gets exclusive investigative jurisdiction, overriding general investigative channels.
• Strict Investigation Timelines [Section 12A(1)]:
o Mandatory completion of investigation within 2 months from FIR registration, reference to a Central Agency, or STF notification.
3. Special Fast Track Courts & Trial Procedure (Section 12A)
• Special Fast Track Courts: State Governments/UTs (in consultation with the concerned High Court Chief Justice) must designate Courts of Session as Special Fast Track Courts.
• Joint Trials [12A(3)]: Allows trial of connected offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) or other penal statutes at the same trial.
• Day-to-Day Trial Mandate [12A(4)]: Adjournments beyond the next day require written reasons.
• Time-Bound Trial: The trial must be completed within 3 months from the date of chargesheet filing.
• Automatic Transfer [12A(5) & (6)]: Pending trials on the date of commencement automatically stand transferred to the Special Fast Track Court and must be tried de novo from the transferred stage within 3 months of receipt.
• Special Prosecutors: Dedicated Special Public Prosecutors to be appointed under Section 18(8) BNSS.
4. Appellate Framework & Bail Mandate (Section 12B)
• Division Bench Requirement [12B(2)]: Appeals against judgments, sentences, or final orders lie directly to a Division Bench (2 Judges) of the High Court.
• Bail Orders Interlocutory Bar Carve-Out [12B(4)]:
o While interlocutory orders generally cannot be appealed or revised, orders granting or refusing bail are explicitly appealable to the High Court, overriding Section 419(3) BNSS.
• Limitation Period for Appeals [12B(5)]:
o 30 days standard limitation period.
o Condonation of delay permitted up to a strict outer limit of 90 days upon sufficient cause. No appeal can be entertained after 90 days.
• Appellate Disposal Mandate [12B(2)]: Appeals to be disposed of within 3 months from admission.
