THE RAJASTHAN PUBLIC EXAMINATION (PREVENTION OF UNFAIRMEANS) ACT, 1992

PREAMBLE

What is the short title of the Act?

The Rajasthan Public Examination (Prevention of Unfair means) Act, 1992.

What is the Act number of the Rajasthan Public Examination (Prevention of Unfair means) Act, 1992?

Act No. 27 of 1992.

When did the Governor assent to the Act?

On the 8th day of November, 1992.

What is the primary object of the Act regarding public examinations?

To prevent the leakage of question papers at public examinations.

What is the primary object of the Act regarding examination malpractices?

To prevent the use of unfair means at public examinations.

What additional matters does the Act provide for besides prevention of unfair means?

Matters connected therewith and incidental thereto.

In which year of the Republic of India was the Act enacted?

In the Forty-third Year of the Republic of India.

By which legislature was the Act enacted?

The Rajasthan State Legislature.

What is the subject matter of Section 1 of the Rajasthan Public Examination (Prevention of Unfair means) Act, 1992?

Short title, extent and commencement.

What is the short title of the Act?

The Rajasthan Public Examination (Prevention of Unfair means) Act, 1992.

To what area does the Act extend?

It extends to the whole of the State of Rajasthan.

When does the Act come into force?

It comes into force at once.

What is the subject matter of Section 2 of the Act?

Definitions.

What does "examination centre" mean under the Act?

Any place fixed for holding public examination.

What is included within an examination centre?

The entire premises attached thereto.

What does "public examination" mean under the Act?

Any of the examinations specified in the Schedule.

What does "unfair means" mean in relation to an examination?

Unauthorised help from any person while answering questions in a public examination.

What type of material constitutes unfair means if used without authorisation?

Any material written, recorded or printed in any form whatsoever.

What type of instruments or gadgets constitute unfair means if used without authorisation?

Any telephonic, wireless, electronic or other instrument or gadget.

How are words and expressions not defined in the Act but defined in the BNS interpreted?

They have the meanings respectively assigned to them in the BNS.

What is the subject matter of Section 3 of the Act?

Prohibition of use of unfair means.

What is prohibited under Section 3?

Use of unfair means at any public examination.

What is the subject matter of Section 4 of the Act?

Unauthorised possession or disclosure of question paper.

Who is covered by the prohibition under Section 4?

A person not lawfully authorised or permitted by virtue of his duties.

Up to what time does the prohibition under Section 4 operate?

Before the time fixed for distribution of question papers to examinees at a public examination.

What is prohibited regarding procurement of question papers under Section 4(a)?

Procuring or attempting to procure a question paper or any portion or copy thereof.

What is prohibited regarding possession of question papers under Section 4(a)?

Possessing a question paper or any portion or copy thereof.

What is prohibited regarding disclosure of information under Section 4(b)?

Imparting or offering to impart information related to, derived from, or having a bearing upon a question paper.

What mental element is required for the offence under Section 4(b)?

The person knows or has reason to believe that the information is related to, derived from, or has a bearing upon the question paper.

What is the subject matter of Section 5 of the Act?

Prevention of leakage by person entrusted with examination work.

Who is governed by the prohibition under Section 5?

A person entrusted with any work pertaining to a public examination.

When may a person entrusted with examination work divulge information under Section 5?

When permitted to do so by virtue of his duties.

What is prohibited under Section 5 regarding examination information?

Directly divulging any information or part thereof acquired by virtue of examination work.

What indirect act is prohibited under Section 5?

Indirectly divulging any information or part thereof acquired by virtue of examination work.

What is prohibited regarding disclosure through another person under Section 5?

Causing any information or part thereof to be divulged.

What is prohibited regarding communication of examination information under Section 5?

Making known to any other person any information or part thereof acquired by virtue of the entrusted work.

What is the source of the information protected under Section 5?

Information that has come to a person's knowledge by virtue of the examination work entrusted to him.

What is the subject matter of Section 6 of the Act?

Penalty.

What acts attract punishment under Section 6?

Contravention, attempt to contravene or abetment of contravention of Sections 3, 4 or 5.

What is the punishment for contravention of Section 3 under Section 6(i)?

Imprisonment for a term which may extend to three years or fine which may extend to two thousand rupees or both.

What is the maximum term of imprisonment for contravention of Section 3 under Section 6(i)?

Three years.

What is the maximum fine for contravention of Section 3 under Section 6(i)?

Two thousand rupees.

Can both imprisonment and fine be imposed for contravention of Section 3 under Section 6(i)?

Yes, both may be imposed.

What is the punishment for contravention of Section 4 or Section 5 under Section 6(ii)?

Imprisonment for a term not less than five years but which may extend to seven years and fine which may extend to ten thousand rupees.

What is the minimum term of imprisonment for contravention of Section 4 or Section 5 under Section 6(ii)?

Five years.

What is the maximum term of imprisonment for contravention of Section 4 or Section 5 under Section 6(ii)?

Seven years.

What is the maximum fine for contravention of Section 4 or Section 5 under Section 6(ii)?

Ten thousand rupees.

Is imprisonment mandatory for contravention of Section 4 or Section 5 under Section 6(ii)?

Imprisonment for a term not less than five years but which may extend to seven years.

What is the subject matter of Section 6-A of the Act?

Punishment for committing theft, extortion or robbery of question papers.

What acts are punishable under Section 6-A?

Theft, extortion or robbery of question papers of any public examination.

At what stage must theft, extortion or robbery of question papers occur to attract Section 6-A?

At any time before the examination in such question paper is over.

To which question papers does Section 6-A apply?

Question papers of any public examination.

What is the effect of the non-obstante clause in Section 6-A?

The provision operates notwithstanding anything to the contrary contained in the BNS.

What is the minimum punishment of imprisonment under Section 6-A?

Imprisonment for not less than five years.

What is the maximum punishment of imprisonment under Section 6-A?

Imprisonment which may extend to seven years.

What is the minimum fine under Section 6-A?

Fifteen thousand rupees.

What is the maximum fine under Section 6-A?

One lakh rupees.

Is fine mandatory under Section 6-A?

The offender shall be punished with imprisonment and fine.

What is the subject matter of Section 7 of the Act?

Penalty for offence with preparation to cause hurt.

When does Section 7 apply?

When an offence punishable under Section 6 is committed after making preparation for specified violent acts.

What preparation relating to death attracts Section 7?

Preparation for causing the death of any person.

What preparation relating to hurt attracts Section 7?

Preparation for causing hurt to any person.

What preparation relating to assault attracts Section 7?

Preparation for assaulting any person.

What preparation relating to restraint attracts Section 7?

Preparation for wrongfully restraining any person.

What other restraint-related preparation attracts Section 7?

Preparation for wrongful restraint.

What is the maximum term of imprisonment under Section 7?

Imprisonment which may extend to three years.

Is fine mandatory under Section 7?

Yes, the offender shall also be liable to fine.

What is the maximum fine under Section 7?

Fine which may extend to five thousand rupees.

What is the subject matter of Section 8 of the Act?

Power to amend Schedule.

Which authority is empowered to amend the Schedule under Section 8?

The State Government.

By what mode may the State Government amend the Schedule?

By notification in the Official Gazette.

What may the State Government include in the Schedule under Section 8?

Any other public examination.

What condition must be satisfied before including another public examination in the Schedule?

The State Government must consider it necessary to apply the provisions of the Act to that examination.

When is the Schedule deemed to be amended under Section 8?

Upon publication of the notification in the Official Gazette.

What is the effect of publication of the notification under Section 8?

The Schedule shall be deemed to have been amended accordingly.