(1) If any examinee indulges in unfair means as defined under section 2(f)(i) shall be liable to be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fme, which shall not be less than one lakh rupees and in case of default of payment of fine such examinee shall also be liable to be punished with imprisonment of either description for a term of nine months.
(2) If any person, including examinee, whether entrusted or authorized with the conduct of public examination or not, in conspiracy or otherwise indulges or attempts to indulge in unfair means as defined in section 2(f)(ii) or contravenes or abets to contravene any of the provisions of this Act, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to imprisonment of ten years and shall also be liable to fine which shall not be less than ten lakh rupees but which may extend to ten crore rupees and in case of default of payment of fine such person shall also be liable to be punished with imprisonment of either description for a term of two years:
Provided that the Court may for any adequate and special reasons to be recorded in the judgement impose a sentence of imprisonment for a term of less than five years. .