Penalties Scaled Back in Public Examinations Amendment Bill
Graphics: Agamir Somoy
The definition of public examinations is set to take on a new dimension, expanding to include university admission tests, the BCS (Bangladesh Civil Service), and all types of recruitment exams.
Under the proposed reforms, tampering with answer scripts or utilizing any electronic devices - such as mobile phones, smartwatches, Bluetooth devices, and headphones - will be officially classified as “digital manipulation”.
However, the penalties initially proposed for these offenses during the amendment process have been significantly reduced in the final draft. While the initial proposal suggested 10 years of imprisonment and a fine of Tk 1 crore, these figures have been scaled back.
Ministry of Education has finalized the draft of “The Public Examinations (Offenses) (Amendment) Act, 2026,” which now prescribes five years of imprisonment and a fine for any digital forgery at examination centers.
According to the sources, the draft may be presented for approval during the Cabinet meeting held on Thursday at the National Parliament Building.
Changes to Penalties and Scope
The earlier version of the bill included strict punishments for organized fraud or the formation of syndicates, as well as the confiscation of an offender’s illegal assets. Before final approval, these penalties were reduced to five years of imprisonment, and the 1 crore BDT fine was removed.
Currently, the Public Examinations (Offenses) Act of 1980 is in effect, while education boards operate under an Ordinance from 1961. The existing law only encompasses public exams like the SSC and HSC, leaving no provision for punishment regarding cheating or question leaks in recruitment or university admission exams.
The government initiated these updates to address the rise of digital crimes resulting from advances in information technology.
Legal Loopholes and Modernization
A study by Transparency International Bangladesh (TIB) highlighted various instances of corruption in public examinations between 2007 and 2025.
Moreover, out of 200 examination-related cases filed between 2009 and 2021, only 45 have been settled, with only one resulting in a conviction - a fact that underscores the weaknesses of existing laws.
The Ministry of Education’s summary of the proposed draft notes that the “The Public Examinations (Offenses) Act, 1980” was enacted nearly 45 years ago. With the widespread use of technology, traditional pen-and-paper examination methods have been digitized, and the nature of crimes has evolved accordingly.
The use of secret devices in exam halls and question leaks via Facebook groups have become major concerns for the education sector. The four-decade-old legal framework has been unable to keep pace with these changes, creating legal loopholes that the new reforms aim to close.
Targeting Digital Crimes
The 1980 Act, which was last amended in 1992, provided for 4 to 10 years of punishment, but this specifically applied to the theft or leaking of physical paper documents. At that time, there was no concept of online hacking or spreading rumors via social media.
The new Act introduces a specific “Digital Manipulation” clause, providing for a maximum of five years in prison and a substantial fine.
Once passed by Parliament, it is expected to curb offenses such as sharing photos of question papers on WhatsApp, spreading fake information in Facebook groups, or attempting to alter results via computer.
A key feature of the proposed law is the clarification of technology-based crimes. The term “Digital Manipulation” has been defined as a distinct offense for the first time.
Consequently, any attempt to hack, change, or distort public examination results, marks, merit lists, or related information will be considered a punishable offense.
