Gujarat Public Exam (Prevention Of Unfair Means) Act Not Restrospective: High Court Discharges Accused Over Use Of Dummy Candidates

The Gujarat High Court granted relief to various persons booked under Gujarat Public Examination (Prevention of Unfair Means) Act over allegations of using "dummy candidates" for appearing in various public exams, noting that the Act which came into force in March 2023 was not restrospectively applicable. The court was hearing petitions challenging sessions court order refusing to discharge the accused of offences under Sections 12(1), 12(3) and 12(4) (which deals with Offences and penalties) of the Gujarat Public Examination (Prevention of Unfair Means) Act.It was argrued that the Act came into force on 03.03.2023 after the examination in question (conducted on various dates prior in 2017, 2022 and 2023) and therefore, the Act cannot be applied retrospectively. The allegation levelled was that the person who was the original candidate and the person who was appearing in the examination as a dummy candidate both have been made as accused in the matter. Justice Gita Gopi in her order said:"It is an admitted fact which becomes clear on record is that the Examination Act had come into force on 03.03.2023. Article 20(1) of the Constitution clearly lays down that 'no person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence'. Thus, the offences would be of the breach of the law in force on the date of such alleged commission of offence. As referred hereinabove, the date of examination are all prior to the Examination Act coming into force. The law does not lay down any provision giving any retrospective effect. As observed in the decision of the Esthappan Cherian (supra) and by way of various authorities of law, no retrospective effect can be given to the new law which affects the rights unless it express or manifests an intention to the contrary. Here in the present Examination Act, there is no such provision which conveys intention of giving a retrospective effect to the Examination Act. It requires mention that every act of an individual would be governed by the current law in force at the time of such act or activity".The court said that under Indian Law, an accused person is to be arrested, tried and punished only under the laws that were in force on the date of the alleged offence and this principle is a fundamental right guaranteed under Article 20(1) of the Constitution of India known as the protection against ex post facto laws. Thus, it said, that an act cannot be considered as crime if it was not illegal at the time of the offence. "Thus, following the principles of fairness read with Article 20 of the Constitution of India, this Court is of the view that the invocation of the Examination Act against all the present applicants is bad, illegal and violative of their fundamental rights," the court added. The court discharged the applicants for offences under the Examination Act. The petitions were allowed. Case title: AKSHARBHAI RAMESHBHAI BARAIYA & ORS. v/s STATE OF GUJARAT and batchR/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 908 of 2026 & connected petitionsClick Here To Read/Download Order

Gujarat Public Exam (Prevention Of Unfair Means) Act Not Restrospective: High Court Discharges Accused Over Use Of Dummy Candidates

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