Case Note & Summary
The case involved an appeal against the conviction of the appellant for attempting to cheat the Patna University by obtaining an admission card through false representations. The appellant had applied to the University to appear for the M.A. Examination, falsely claiming to be a graduate and a teacher. Upon investigation, it was revealed that he was neither, and he had been de-barred from examinations due to previous corrupt practices. The appellant was convicted under Section 420 read with Section 511 of the Indian Penal Code for attempting to cheat. The main legal issues revolved around whether the admission card constituted property and whether the appellant's actions amounted to an attempt to commit the offence of cheating. The court analyzed the definitions of attempt and property under the Indian Penal Code, concluding that the appellant's submission of the application and subsequent actions constituted an attempt to cheat, as he intended to deceive the University and had taken concrete steps towards that end. The court dismissed the appeal, affirming the conviction.
Headnote
A) Criminal Law - Attempt to Cheat - Definition of Attempt - Indian Penal Code, 1860, Section 511 - The court held that an attempt to commit an offence begins when preparations are complete and an act is done towards its commission, even if not the final act. The appellant's submission of a false application constituted an attempt to cheat, as he intended to deceive the University (Paras 244-246). B) Criminal Law - Definition of Property - Indian Penal Code, 1860, Section 415 - The court determined that an admission card, while lacking pecuniary value, is considered property due to its immense value to the candidate for examination purposes. The appellant's actions in obtaining the card through deception amounted to cheating (Paras 242-244).
Issue of Consideration
Whether the appellant's actions constituted an attempt to cheat the University under the Indian Penal Code.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction of the appellant under Section 420 read with Section 511 of the Indian Penal Code for attempting to cheat the University.
Law Points
- attempt to cheat
- false representation
- property definition
- Indian Penal Code
- preparation vs attempt
