Abhayanand Mishra v State of Bihar
1961 INSC 17819611 min read
The case in brief30-second read
- Facts
- The appellant applied to Patna University to sit the 1954 M.A. examination as a private candidate, falsely claiming to be a graduate and a teacher and attaching forged certificates. The University issued an admission card, but the fraud was discovered before he received it.
- Issue
- Whether his acts were only preparation or an attempt to cheat, and whether an admission card is property.
- Held
- The preparation was complete when he prepared the application; the moment he dispatched it he entered the realm of attempt. An admission card is property for S.420 IPC. His conviction under S.420 read with S.511 IPC was upheld.
- Principle
- An act done towards the commission of the offence after preparation is complete is an attempt; it need not be the penultimate act.
Facts
- The appellant applied to Patna University to sit the 1954 M.A. examination as a private candidate, falsely claiming to be a graduate and a teacher and attaching forged certificates. The University issued an admission card, but the fraud was discovered before he received it.
Issue
- Whether his acts were only preparation or an attempt to cheat, and whether an admission card is property.
Held
- The preparation was complete when he prepared the application; the moment he dispatched it he entered the realm of attempt. An admission card is property for S.420 IPC. His conviction under S.420 read with S.511 IPC was upheld.
Cite this
Citation
Abhayanand Mishra v State of Bihar 1961 INSC 178Reported: https://indiankanoon.org/doc/487780/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.