Court caseAIR 1961 SC 1698

Abhayanand Mishra v. State of Bihar Abhayanand Mishra

AIR 1961 SC 1698; (1962) 2 SCR 241 · Supreme Court of India · 1961

PrinciplePreparation ends and attempt begins with the first act towards commission of the offence.

Facts

Mishra applied to Patna University for permission to appear in the M.A. examination as a private candidate, stating falsely that he was a graduate and a teacher, and attached forged certificates. The university issued an admission card but, before the examination, discovered the fraud. He was convicted of attempting to cheat.

Held

The Supreme Court held that preparation ends when the accused, having made up his mind, does an act towards commission of the offence; the moment he despatched the false application he had done everything on his part and the attempt was complete. It was immaterial that the university could still have detected the fraud, and the admission card, though not property of value, was 'property' for section 420.

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