Exam Cheating Bill 2026: Stiffer Penalties but Backlog Challenges Loom
Following widespread protests over the NEET UG 2026 paper leak and the resignation of former Union Education Minister Dharmendra Pradhan, the Union Government introduced the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026. The Bill was passed in the Lok Sabha on July 29, 2026.
While the Bill aims to curb examination malpractices through time-bound investigations and speedy trials, experts point to potential limitations in achieving timely closure of cases and a likely accumulation of backlog, as observed with similar enacted laws.
The new Bill increases penalties for organised crime networks involved in cheating, raising the maximum fine from ₹1 crore under the 2024 anti-cheating law to ₹10 crore. It also extends the debarment period for service providers engaging in unfair means from four to eight years and empowers the Central government to constitute a special task force for investigations.
Regarding investigation timelines, the Bill mandates that investigations must be completed within two months. However, no provisions are specified for cases where this deadline is not met. This contrasts with other laws, such as the Lokpal and Lokayuktas Act, 2013, which requires reasons to be recorded in writing for extending the time period for preliminary inquiry and investigation. Similarly, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 mandates that the concerned officer must explain any delay in completing investigation and filing chargesheet within 60 days, in writing.
The Bill also requires trials to be completed within three months from the date of filing the charge sheet. This may conflict with a Supreme Court ruling from 2002, which held that it is neither advisable nor feasible to prescribe an outer limit for concluding criminal proceedings, and that courts are not obliged to terminate trials merely due to lapse of time.
To ensure speedy adjudication, the Bill provides for the designation of special fast track courts at the level of Sessions Courts in each State and Union Territory. Similar fast track courts exist under other laws, such as the Protection of Children from Sexual Offences Act (POCSO), 2012, which also provides for special courts in each district. A centrally sponsored scheme for this purpose was launched in October 2019.
However, the major challenge facing existing Fast Track Special Courts (FTSCs) is the high pendency of cases. As of April 2026, 775 FTSCs were functional, including 398 exclusive POCSO courts. These courts have had more than two lakh pending cases since 2023. According to data presented in Rajya Sabha on July 23, 2026, pending cases rose from over 2.02 lakh in 2023 to 2.45 lakh in 2025.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the Code of Criminal Procedure, 1973) also requires investigations in rape and POCSO cases to be completed within two months. Similarly, the SC/ST Act requires completion of investigation and filing of charge sheet within 60 days. Despite these provisions, more than 40% of cases pending investigation under these laws in 2024 were pending for over six months.
In POCSO cases, as of August 2025, the average time taken for trial in FTSCs ranged from 257 days in Andhra Pradesh to 1,717 days in Delhi. These figures underscore the potential challenges the new Bill may face in achieving its objectives.
