A sneak peek at the Public Examinations (Offences) Act, 1980
By Abdullah Al Arif
We often hear depressing news regarding public examinations nowadays. A range of offences takes place-ranging from question leak-out to making of false certificates and mark-sheets. People wonder if there is a law to check such offences.
Yes, we have Public Examinations (Offences) Act, 1980 to deal with felonies done in public examinations.
Public ExaminationsAccording to the law, “public examination” means any examination that is conducted or organised by a university or a board. Some of the major public examinations we have are Primary School Certificate (PSC), Junior School Certificate (JSC), Secondary School Certificate (SSC), Higher Secondary Certificate (HSC). These examinations are conducted by several education boards under the ministry of education. Bangladesh Civil Service (BCS) examinations are also public examinations conducted by the Bangladesh Public Service Commission. Examinations conducted by colleges under National University and other public universities are also termed as public examinations.
Personation at public examination
According to section 3 of the Act, if any person, not being an examinee, enters the examination hall during a public examination by declaring himself as an examinee, or appears at a public examination in the name of any other person or in a fictitious name, that person commits an offence called personation.
This offence is punishable with imprisonment for a term which may extend to five years, and shall not be less than one year.
Leak-out of question papers before public examination Disclosing, publishing, or distributing any paper containing any question set for such examination, or any paper containing any question falsely purporting to be set for such examination, or intending that the same by any means whatsoever before any public examination is held may be treated as identical with any question set for such examination is an offence under the law.
The offence is punishable with imprisonment for a term which may extend to 10 years and shall not be less than three years, and shall also be liable to fine.
Tampering with any marks Altering or tampering with any marks, mark sheet, tabulation sheet, certificate, diploma, or degree, in any manner and without any lawful authority, relating to any public examination is an offence.
This offence is punishable with imprisonment for a term which may extend to four years, or with fine, or with both.
Making of false mark sheet, certificate, diploma or degree According to Section 6 of the law, if any person makes, prints, distributes, or uses, or keeps 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, that person commits an offence.
This offence is punishable with imprisonment for a term which may extend to seven 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 degreeKeeping any blank form of mark sheet, certificate, diploma or degree relating to any public examination, which has not been issued or delivered under the authority of the university or board, is an offence.
This offence is punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
Helping examinees Section 9 of the law says, if any person helps any examinee by supplying any written answer or any book or written paper or any page thereof or extract therefrom, or by dictating any answer orally or by any mechanical means, or by any other means, in the examination hall that person commits an offence.
The offence is punishable with imprisonment for a term which may extend to five years and shall not be less than two years, and shall also be liable to fine.
Examining answer scripts by unauthorised persons
If any person, 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, that person is guilty of an offence.
This offence is punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
Obstructions in public examinationsThe following acts, if done in any manner intentionally, are offences under the law:
l Obstructing any person in the discharge of his duties in connection with a public examination
l Obstructing the holding of a public examination
l Creating disturbances in any examination hall
These offences are punishable with imprisonment for a term which may extend to one year or with fine, or with both.
Offences committed by employees of university or board
If any employee of a university or a board or being entrusted with any duty or responsibility in connection with any public examination, commits an offence under this Act, he/she shall be given imprisonment for a term which may extend to five years, or with fine, or with both.
Attempt to commit offences under this ActIf any person abets or attempts to commit any offence under this Act, he/she shall be punishable with the sentence provided for the offence.
Procedure to be followed in offences under the ActSection 14 of the Act lays down the procedures to deal with the offences mentioned in this Act. It says:
l Any offence under this Act shall be cognisable
l No court other than that of a metropolitan magistrate or a magistrate of the first class shall try an offence under this Act
l A court trying an offence under this Act shall try the offence summarily in accordance with the procedure laid down in the Code of Criminal Procedure
l A court may pass any sentence under this Act in excess of its power under the Code of Criminal Procedure
- See more at:
http://www.dhakatribune.com/juris/2014/mar/19/don%E2%80%99t-mess-examinations#sthash.8NqR2TfC.dpuf
