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Bill proposes 3-month deadline for HCs to dispose of paper leak appeals

UPSC / SSC current affairs note · Polity

PolityGovernanceSecurityLaw and Justice

Why in news

The government has circulated the Public Examinations (Prevention of Unfair Means) Amendment Bill to Lok Sabha MPs, aiming to make investigation and judicial processes time-bound in exam paper leak cases. The bill proposes a three-month deadline for high courts to dispose of appeals against orders of special fast-track courts, along with stricter penalties for offenders.

Background

Exam paper leaks have been a recurring issue in India, undermining the integrity of public examinations. The existing legal framework had no fixed timeline for deciding appeals, leading to prolonged litigation. This bill seeks to address these gaps by introducing time-bound procedures and enhanced punishments.

Key facts

in5points
  1. The bill proposes a three-month deadline for high courts to dispose of appeals against orders of special fast-track courts in paper leak cases.

  2. Minimum jail term for individuals involved in paper leaks increased to five years; for organized crime, minimum seven years (up from five). Maximum jail term in all cases is 10 years.

  3. Government may constitute a central investigation agency or special task force (STF) for speedy investigations; STF investigations must be completed within two months.

  4. States can establish special fast-track courts in consultation with the chief justice of the respective high court; trials must be disposed of within three months from filing of chargesheet.

  5. All pending trials will be shifted to special courts and must be disposed of within three months.

  6. Appeals against fast-track court orders must be filed within 30 days, extendable up to a maximum of 90 days.

  7. The bill applies to individuals, service providers, and organized gangs involved in paper leaks.

  8. Day-to-day proceedings are mandated for trials, and witnesses in attendance must be examined before adjournment.

Prelims pointers

  • Public Examinations (Prevention of Unfair Means) Amendment Bill
  • Special fast-track courts
  • Special task force (STF)
  • Division bench of High Court for appeals
  • Three-month deadline for trial disposal and appeal disposal
  • Two-month deadline for investigation
  • Minimum 5 years imprisonment for individuals, 7 years for organized crime
  • Maximum 10 years imprisonment

Mains angles

  • GS2 Polity: Discuss the need for time-bound judicial processes in cases of public importance like exam paper leaks.
  • GS2 Governance: Examine the effectiveness of special fast-track courts in ensuring speedy justice.
  • GS3 Security: Analyze the role of organized crime in exam paper leaks and the adequacy of proposed penalties.
  • GS2 Law and Justice: Critically evaluate the balance between speedy trial and right to fair trial under the proposed amendments.
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