What is the main legal point in this case?

The case explains when preparation ends and attempt begins under Section 511 IPC, especially in cheating cases.

When does an attempt start under Section 511 IPC?

Attempt begins when preparation is complete and the accused starts an act toward the offence with the required intention.

Why was the conviction upheld?

Because the accused went beyond preparation—he applied, paid fees, sent photos, and caused issue of the admission card—amounting to attempt to cheat.

Does mere preparation amount to attempt?

No. Mere preparation is not enough. There must be a direct step toward the commission of the offence.

Which IPC sections are involved?

Section 420 (cheating) read with Section 511 (punishment for attempting to commit offences).

Abhayanand Mishra v. State of Bihar (1962) 2 SCR 241

Supreme Court of India 1962 Division Bench 2 SCR 241 Criminal Law • Attempt ~7 min

CASE_TITLE: Abhayanand Mishra v. State of Bihar (1962) PRIMARY_KEYWORDS: attempt, Section 511 IPC, cheating SECONDARY_KEYWORDS: preparation vs attempt, s.420 IPC, university exam fraud PUBLISH_DATE: 2025-11-02 AUTHOR_NAME: Gulzar Hashmi LOCATION: India Slug: abhayanand-mishra-v-the-state-of-bihar-1962-scr-2-241

Quick Summary

This case explains the line between preparation and attempt under Section 511 IPC. The appellant tried to appear for an exam by using false claims and forged certificates. He sent the application, paid the fees, and sent photos. The University issued an admission card. The Court said: these steps are more than preparation; they are a direct move toward cheating. Conviction under Section 420 read with Section 511 was upheld.

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Issues

Is the appellant liable for attempt as per Section 511 IPC?
Do his acts go beyond preparation and enter the zone of attempt to cheat?

Rules

Section 511 IPC: Attempt begins when preparation is over and the person starts an act, with intention, that is a step toward the offence.

The moment one commences an intentional act to commit the crime, the attempt starts.

Facts (Timeline)

Timeline visual for the facts in Abhayanand Mishra case

Application: Appellant applied to Patna University as a private M.A. (English) candidate, claiming to be a B.A. (1951) and a school teacher.

Certificates: He attached certificates said to be from the Headmaster and Inspector of Schools.

University acts: University accepted the claim and asked for fees and two photographs.

Follow-up: Appellant remitted fees and sent photographs. An admission card was dispatched on 9 April 1954.

Information received: University got a tip that he was not a graduate or a teacher.

Inquiry: Certificates were found forged; he was neither graduate nor teacher and had been debarred earlier.

Prosecution: Police case started. He was acquitted of forgery but convicted of attempting to cheat.

Arguments

Appellant

Acts were only preparation, not attempt.
No completed cheating; thus Section 511 should not apply.
Acquittal on forgery weakens the cheating charge.

Respondent (State)

Preparation ended when he acted on the plan.
Application, fees, photos, and issue of admission card show a direct step to cheat.
Thus, liability under Sections 420/511 is attracted.

Judgment

The Supreme Court upheld the conviction under Section 420 read with Section 511 IPC. The appellant intended to cheat the University and moved beyond preparation: he sent the application, paid fees, sent photos, and caused the admission card to be issued. These acts were a clear attempt.

Ratio

Attempt starts when preparation is over and the accused begins to do something with the required intention that is a step toward the offence. Here, the steps taken were sufficient to constitute an attempt to cheat.

Why It Matters

Sets a clear test for preparation vs attempt under Section 511.
Useful for exam questions on cheating and inchoate offences.
Shows how overt acts indicate the start of attempt.

Key Takeaways

Attempt = first direct step after preparation with intent.
Application + fees + photos + admission card = attempt to cheat.
Acquittal on forgery does not negate attempt to cheat.

Mnemonic + 3-Step Hook

Mnemonic: “Plan Done, Step On.”

Plan: Preparation complete?
Done: Intention to commit the offence?
Step On: Direct step taken toward the crime = Attempt.

IRAC Outline

Part	Content
Issue	Is the appellant guilty of attempt under Section 511 IPC for cheating?
Rule	Attempt starts when preparation ends and a direct, intentional step toward the offence is taken.
Application	Application sent, fees paid, photos sent, admission card issued—acts beyond preparation toward cheating.
Conclusion	Liability under Section 420 read with Section 511 IPC affirmed.

Glossary

Preparation: Planning or arranging tools/means for a crime; not punishable unless law says so.
Attempt: First direct step after preparation with intent to commit the offence.
Cheating (s.420 IPC): Dishonest inducement causing delivery or retention of property or valuable thing.