Introduction

In this case the Supreme Court held that it is not necessary for the offence under Section 511 of Indian Penal Code, 1860 (IPC) that the transaction commenced must end in the crime or offence, if not interrupted.

Facts

• The appellant applied in University of Patna for permission to appear in the M.A. Examination (English) as a private candidate.
• He showed that he had a B.A. degree, and he was a teacher in a school.
• For the application he was asked to attach certain certificates. He attached the certificates purporting to be from the Headmaster of the School, and the Inspector of Schools.
• The authorities of the University accepted the application and allowed him for the examination.
• The admission card was sent to the Headmaster of the School.
• When the information received by the University that the appellant was neither graduate nor a teacher.
• It was also found that the certificate furnished for the admission were forged and even he had been de-barred from taking admission in any University examination. The reason was he committed corrupt practices in university examination.
• The case was reported to the police and investigation started.
• He was convicted for the offence of attempting to cheat by false representations and deceived the University.
• He was prosecuted and convicted under Section 420 read with Section 511 of IPC.
• He filed an appeal before the Patna High Court and the court dismissed the appeal.
• Then he filed appeal by special leave before the Supreme Court against the judgment of Patna High Court.
• First contention of the appellant was that the admission card has no pecuniary value, and it is not a property under, Section 415 of IPC and second contention was the steps taken by him did not go beyond the stage of preparation and therefore the offence of cheating was not committed.

Issues Involved

• Whether the conviction of the appellant under Sections 420 and 511 of IPC is maintainable?

Observation

• The Supreme Court observed that the preparation was complete when he had prepared the application for the purpose of submission to the University. The moment he dispatched it, he entered the realm of attempting to commit the offence of 'cheating'.
• The SC held that under Section 511 of the IPC a person commits the offence of attempting to commit a particular offence, when he intends to commit that particular offence and, having made preparations and with the intention to commit that offence, does an act towards its commission; such an act need not be the penultimate act towards the commission of hat offence but must be an act during the course of committing such offence.
• He did succeed in deceiving the University and inducing it to issue the admission card. He just failed to get it and sit for the examination because something beyond his control took place inasmuch as the University was informed about his being neither a graduate nor a teacher.
• The SC held that the admission card is 'Property'. The appellant would therefore have committed the offence of 'cheating' if the admission card had not been withdrawn due to certain information reaching the University.
• The Court held that the appellant had been rightly convicted of the offence under Section 420 read with Section 511 of IPC and accordingly dismissed the appeal.

Conclusion

• The moment appellant commences to do an act with the necessary intention, he commences his attempt to commit the offence.
• He does the act with the intention to commit the offence and the act is a step towards the commission of the offence.
• Therefore, he committed the offence defined under Section 420 read with Section 511 of IPC.

Notes

• Section 420 of IPC: Cheating and dishonestly inducing delivery of property. —

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

• Section 511 of IPC: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. —

Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.