Attempt to commit a particular offence | X applied to a university for permission…representing that he was a graduate……but later on, finding that the certificates produced by X were false…they withdrew the permission. Has X committed any offence? Discuss with reasons

Question: X applied to a university for permission to appear at the M.A. Examination as a private candidate representing that he was a graduate having obtained his B.A. degree three years earlier and that he had been teaching in a certain school.

In support of his application, he attached certain certificates purporting to be from the Headmaster of the School. The University authorities first gave X permission to appear for the M.A. Examination, but later on, finding that the certificates produced by X were false and that he was neither a graduate nor a teacher, they withdrew the permission. Has X committed any offence? Discuss with reasons.

Find the answer to the mains question only on Legal Bites. [Attempt to commit a particular offence | X applied to a university for permission…representing that he was a graduate……but later on, finding that the certificates produced by X were false…they withdrew the permission. Has X committed any offence? Discuss with reasons.]

Answer

The question as to whether only those acts committed would fall under the coverage of section 511, which should be a penultimate or final act to enable completion of the offence, came to be considered in detail by the Supreme Court in Abhayanand Mishra v. State of Bihar [AIR 1961 SC 1698]. The present facts of the case at hand are also borrowed from this case.

In this case, the accused applied to Patna University for permission to appear as a private candidate in the MA degree examination. In support of his eligibility, he forwarded certificates showing that he had obtained his BA degree and that he had been teaching in a certain school. In support of his application, he also attached certain certificates purporting to be from the headmaster of the school and the Inspector of Schools.

The university authorities accepted his application and issued him an admission card. The University, however, received information that the certificates were fake and that the accused was not a teacher. This was found to be true.

It was also found that the accused was debarred from taking any university examination for a certain number of years on account of his having indulged in corrupt practice at a university examination. The university prosecuted him for forgery and attempting to cheat. The trial court convicted him only for attempting to cheat the university. The matter ultimately reached the Supreme Court.

Rejecting the contention of the appellant that he had not crossed the stage of preparation for ‘cheating’ the university, the Supreme Court held the accused guilty of having committed an offence contrary to section 420, read with section 511 of the IPC.

The SC ruled that the preparation was complete when the accused prepared the application for submission to the university and that the moment he had dispatched it, he had entered the realm of an attempt to commit the offence of ‘cheating’. The apex court summarised the scope of the law of attempt embodied in section 511 as:

A person commits the offence of ‘attempt to commit a particular offence’ when:

1. he intends to commit that particular offence, and
2. he, having made preparations and with the intention to commit the offence, does an act towards its commission,
3. such an act need not be the penultimate act towards the commission of that offence but must be an act during the course of committing that offence

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Important Mains Questions Series for Judiciary, APO & University Exams

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