Abhayanand Mishra v State of Bihar (1961)

BNS · Inchoate Offences

Facts.

The accused applied to sit a university examination using forged certificates; he was caught before the exam.

Issue.

Was submitting the forged application mere preparation, or an attempt to cheat?

Held.

An attempt. He had done all he needed to do towards the offence; the act was proximate, not remote — preparation had ended and attempt begun.

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