Public Examinations (Prevention of Unfair Means) Amendment Act, 2026

Aug 01, 2026 | by TeamLease RegTech Legal Research Team

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Industry Specific ComplianceThe Ministry of Law and Justice (MoLJ) on July 31, 2026, issued the Public Examinations (Prevention of Unfair Means) Amendment Act, 2026 to further amend the Public Examinations (Prevention of Unfair Means) Act, 2024.

The following amendments have been stated:

• In section 12 of the principal Act, in sub-section (2),–– 

(a) after the words “Central Investigating Agency”, the words “or a Special Task Force, as that Government may, by notification, constitute in this behalf” shall be inserted; 

(b) the following proviso shall be inserted, namely:–– 

“Provided that where the Central Government constitutes a Special Task Force under this sub-section, such investigation shall be done only by the Special Task Force so constituted.”.

5. After section 12 of the principal Act, the following sections shall be inserted, namely:–– 

“12A. (1) The investigation of an offence under this Act, shall be completed–– 

(a) by an officer empowered to investigate under sub-section (1) of section 12, within a period of two months from the date on which the information was recorded by the officer in-charge of the police station; or 

(b) by a Central Investigating Agency, within a period of two months from the date of a reference made to it by the Central Government under sub-section (2) of the said section; or 

(c) by a Special Task Force, within a period of two months from the date of issuance of notification in this behalf by the Central Government under sub-section (2) of the said section. 

(2) For the purposes of providing a speedy trial on day-to-day basis, every State Government and Union territory Administration shall, in consultation with the Chief Justice of the concerned High Court, by notification, designate a Court of Session, to be a Special Fast Track Court to try offences under this Act. 

(3) A Special Fast Track Court designated under sub-section (2) shall, while trying offences under this Act, also try other offences connected thereto with which the accused may be charged under the Bharatiya Nyaya Sanhita, 2023 or any other law for the time being in force, at the same trial.

(4) In every trial of an offence under this Act, the proceedings shall be continued on day-to-day basis, until all the witnesses in attendance have been examined, unless the Special Fast Track Court, for reasons to be recorded in writing, finds that adjournment of the same beyond the following day is necessary:

Provided that such trial shall be completed within a period of three months from the date of filing of the chargesheet. 

(5) The cases or trials pertaining to offences under this Act or any other law for the time being in force as specified in sub-section (3), which are pending on the date of commencement of the Public Examinations (Prevention of Unfair Means) Amendment Act, 2026, shall stand transferred to the Special Fast Track Court designated under sub-section (2). 

(6) The trial of cases transferred under sub-section (5) shall be conducted by the Special Fast Track Court designated under sub-section (2) from the stage it is received upon such transfer and shall be completed within a period of three months from the date of such receipt. 

(7) Every State Government and Union territory Administration shall, by notification, appoint one or more Special Public Prosecutors for every Special Fast Track Court in accordance with sub-section (8) of section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for conduct of cases under this Act. 

(8) Every person appointed as a Special Public Prosecutor under this section, shall be deemed to be a Public Prosecutor within the meaning of clause (v) of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the provisions of that Sanhita shall apply accordingly. 

12B. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Fast Track Court to the High Court. 

(2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. 

(3) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, sentence or order including an interlocutory order of a Special Fast Track Court. 

(4) Notwithstanding anything contained in sub-section (3) of section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal shall lie to the High Court against an order of the Special Fast Track Court granting or refusing bail. 

(5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: 

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of the period of ninety days.”.


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