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LANDMARK CASE

Abhayanand Mishra v. State of Bihar

AIR 1961 SC 1698 · Supreme Court of India · Criminal law

At a glance

  • Citation: AIR 1961 SC 1698
  • Court: Supreme Court of India
  • Area of law: Criminal law
  • In one line: It was an attempt to cheat. An attempt begins when preparation ends and the accused does an act towards committing the offence.

1 Facts

The accused applied to sit a university exam with forged documents, but was caught before the exam.

2 Issue

When does preparation become an attempt?

3 What the court decided

It was an attempt to cheat. An attempt begins when preparation ends and the accused does an act towards committing the offence.

4 Why it matters

A leading case on attempt.

5 Think about it

Where would you draw the line between preparation and attempt?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Criminal law

  • Amish Devgan v. Union of India (2021) 1 SCC 1
  • Bachan Singh v. State of Punjab (1980) 2 SCC 684
  • Balwant Singh v. State of Punjab (1995) 3 SCC 214
  • Barendra Kumar Ghosh v. Emperor AIR 1925 PC 1
  • Basdev v. State of PEPSU AIR 1956 SC 488
  • Bodhisattwa Gautam v. Subhra Chakraborty (1996) 1 SCC 490

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