ABHAYANAND MISHRA versus THE STATE OF BIHAR

ABHAYANAND MISHRA versus THE STATE OF BIHAR

The appellant, by making false representations to the University, deceived the authorities and induced them to issue an admission card, which constitutes an attempt to cheat as defined by s. 420 read with s. 511 of the Indian Penal Code. The act of sending the application with intent to deceive marked entry into the realm of attempt, not mere preparation.

Parties
Appellant: Abhayanand Mishra; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
24 April 1961
Procedural Posture
Criminal Appeal / Final Judgment Appeal by Special Leave From Patna High Court Decision
Outcome
Appeal dismissed
Legal Topics
Attempt to Commit Offence, Cheating, Interpretation of 'property' Under IPC, Distinction Between Preparation and Attempt
Criminal Law Attempt to Commit Offence Cheating Interpretation of 'property' Under IPC Distinction Between Preparation and Attempt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Abhayanand Mishra

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Final Judgment Appeal by Special Leave From Patna High Court Decision

Legal Issues

  1. 1 Whether obtaining an admission card through false representation amounts to attempt to cheat under the Indian Penal Code
  2. 2 Whether an admission card is 'property' within the meaning of s. 415 of the Indian Penal Code
  3. 3 Whether the appellant's actions went beyond mere preparation and constituted an attempt to cheat

Ratio Decidendi

The appellant, by making false representations to the University, deceived the authorities and induced them to issue an admission card, which constitutes an attempt to cheat as defined by s. 420 read with s. 511 of the Indian Penal Code. The act of sending the application with intent to deceive marked entry into the realm of attempt, not mere preparation.

Court Disposition

Appeal dismissed

Orders

  • Appellant stands convicted under s. 420 read with s. 511 of the Indian Penal Code