New law brings jail term for unfair marking, fraud in public exams

Students, teachers and others will face years of jail and fines for engaging in unfair marking, question paper leaks, digital manipulation and other kinds of offences related to public examinations, according to a new law passed at the Parliament on Tuesday.

Education Minister Dr ANM Ehsanul Hoque Milon moved the bill – The Public Examinations (Offences) (Amendment) Bill, 2026 – and it was passed with voice vote.

The legislation amends the Public Examinations (Offences) Act, 1980, replacing several outdated provisions to address cyber-enabled examination fraud and other emerging forms of malpractice.

According to the Bill's statement of objects and reasons, the existing law was enacted about 45 years ago to prevent cheating, question paper leaks, fabrication of certificates and other examination-related irregularities.

However, the rapid expansion of digital technology has made many of its provisions inadequate for tackling modern forms of offences.

One of the most significant amendments is the introduction of a legal definition of "digital manipulation", covering unauthorised access to, hacking of, alteration, modification, deletion or suppression of public examination databases.

The new law introduces Section 5A, making digital manipulation punishable by up to five years' imprisonment, a fine or both.

To curb technology-assisted cheating, the Bill also inserts Section 3A, making it an offence to enter or attempt to enter an examination hall with electronic devices prohibited by the authorities or to deliberately violate lawful examination instructions. Conviction under this provision carries a maximum punishment of two years' imprisonment, a fine or both.

The amended law strengthens punishment for leaking examination materials by replacing the existing provisions of Section 8. Anyone found possessing, disclosing, publishing or distributing question papers or answer scripts before an examination will face up to five years' imprisonment, a fine or both.

A new Section 9A criminalises the establishment or operation of unauthorised examination centres. Individuals involved in organising such centres, as well as owners of premises knowingly used for illegal examinations, will face imprisonment of up to five years, a fine or both.

To address manipulation during the evaluation process, the Bill introduces Section 10A, making deliberate over-assessment or under-assessment of answer scripts, or attempts to influence examination results through such practices, punishable by up to two years' imprisonment, a fine or both.

The legislation also widens accountability through Section 12A, allowing legal action against institutions, organisations and service providers that directly or indirectly facilitate examination offences or fail to exercise proper supervision over their employees.

Responsible office bearers may also face prosecution unless they can prove they exercised due diligence or had no knowledge of the offence.

Recognising the involvement of minors in some offences, the Bill introduces Section 13A, providing that any child accused under the Act will be dealt with in accordance with the Children Act, 2013, ensuring proceedings under the juvenile justice system.

Another new provision, Section 13B, provides legal protection for whistleblowers who disclose information on examination-related offences in good faith, shielding them from civil, criminal or disciplinary action.

The Bill also revises procedural provisions by making all offences under the Act cognisable, enabling law enforcement agencies to take action without prior court permission. Cases will be tried by Metropolitan Magistrates in metropolitan areas and Senior Judicial Magistrates or First Class Magistrates elsewhere through summary trial procedures.

The government has also been empowered to frame rules through a new Section 14A to ensure effective implementation of the amended law by issuing notifications in the official gazette.

According to the objective of the Bill, the amendment has become necessary to combat increasingly sophisticated examination fraud involving digital systems and organised criminal networks, while ensuring greater transparency, credibility and fairness in Bangladesh's public examination system.