Karnataka Public Examination Act 2023

Karnataka Public Examination (Measures for Prevention of Corruption and Unfair

Means in Recruitment) Act, 2023.

A Bill to provide for strict and effective measures to curb the use of unfair

corrupt means and leakage of question papers at public examinations conducted

for the purpose of recruitment to any post in or under the Karnataka state

government including autonomous bodies, authorities, boards or corporations and

to provide for designated courts for the trial of such offences;

Whereas it is consider to necessary to provide for strict and effective

measures to curb the use of unfair, corrupt means and leakage of question papers

at public examinations conducted for the purpose of recruitment to any post in or

under the Karnataka State Government including autonomous bodies, authorities,

boards or corporations, and to provide for designated courts for the trial of such

offences and for matters connected therewith or incidental thereto and for the 

purposes hereinafter appearing; 

Be it enacted by the Karnataka State Legislature in the Seventy-fourth Year 

of the Republic of India, as follows: - 

1. Short title and Commencement.- (1) This Act may be called the 

Karnataka Public Examination (Measures for Prevention of Corruption and Unfair 

Means in Recruitment) Act, 2023. 

 (2) It shall come into force on such date, as the State Government may, by 

notification in the Official Gazette, appoint. 

2. Definitions.- (1) In this Act, unless the context otherwise requires,- 

(a) "conduct of public examination" means and includes preparation, 

printing, supervision, coding, processing, storing, transportation, 

distribution and collection of question papers, answer sheets, OMR 

sheets and result sheets, evaluation, declaration of result etc; 

(b) "examination authority" means an examination authority as 

specified in the Schedule-I;

(c) "examination center" means any institution or part thereof or any 

other place fixed and used for the holding of a public examination 

and includes the entire premises attached thereto; 

(d) "examinee" means a person who has been granted permission by the 

concerning authority to appear in a public examination, and 

includes a person authorized to act as scribe on his behalf in public 

examination; 

(e) "public examination" means examination for the purpose of 

recruitment to any post under the State Government including 

autonomous bodies, authorities, boards or corporations as specified 

in the Schedule-II; 

(f) "unfair means" includes,- 

(i) in relation to an examinee, to take unauthorized help in public 

examination from any person or group directly or indirectly or 

from any material written, recorded, copied or printed, in any 

form whatsoever, or use of any unauthorized electronic or 

mechanical instrument or gadget; 

(ii) in relation to any person including examinee to impersonate 

or leak or attempt to leak or conspire to leak, to procure or 

attempt to procure or possess, to solve or attempt to solve or 

seek assistance to solve question paper in unauthorized 

manner or directly or indirectly assist the examinee in the 

public examination in unauthorized manner. 

(2) The words and expressions used but not defined, shall have the same 

meaning assigned to them in the Indian Penal Code, 1860 (Central Act No. 

45 of 1860). 

3. Prohibition of use of unfair means.- No person shall use unfair means 

at any public examination. 

4. Possession and disclosure of question paper.- No person who is lawfully 

authorized by virtue of his duties to conduct public examination shall before the 

time fixed for opening and distribution of question papers,- 

(a) open, leak or procure or attempt to procure, possess or solve such 

question paper or any portion or a copy thereof; or

(b) give any confidential information or promise to give such 

confidential information to any person or examinee, where such 

confidential information is related to or in reference to such 

question paper. 

5. Prevention of leakage by person entrusted or engaged with 

examination work.- No person, who is entrusted or engaged with any work 

pertaining to public examination shall, except where he is permitted by virtue of 

his duties so to do, directly or indirectly divulge or cause to be divulged or make 

known to any other person any information or part thereof which has come to his 

knowledge by virtue of the work being so entrusted to him. 

6. Unauthorized possession or disclosure of question paper and answer 

sheet or OMR sheet in any form.- No person who is lawfully authorized or 

permitted by virtue of his duties to do so, shall, before the time fixed for the 

distribution of question papers,- 

(a) procure or attempt to procure or possess, such question paper or 

answer sheet or OMR sheet or any portion or copy thereof in any 

form; or 

(b) impart or offer to impart, such information which he knows or has 

reason to believe to be related to, or derived from or to have a 

bearing upon such question paper. 

7. Prohibition to enter in examination center.- No person who is not 

entrusted or engaged with the work pertaining to public examination or conduct of 

public examination or who is not an examinee, shall enter the premises of the 

examination center. 

8. No place other than examination center shall be used for public 

examination.- No person who is entrusted or engaged with the work pertaining to 

public examination shall use or cause to be used any place, other than the 

examination center, for the purpose of holding public examination. 

9. Offences by Management, Institution or others.- (1) Whenever an 

offence under this Act has been committed by Management or Institution or 

Limited Liability Partnership or others, every person who at the time the offence 

was committed was incharge of, or was responsible to the Management or

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