Attempt to cheat versus mere preparation: false documents and related acts can amount to a criminal attempt

Section 511 of the Indian Penal Code covers a series of acts done towards the commission of an offence, not only the final act immediately before completion. On the evidence, the accused went beyond mere preparation by using false letters of administration, making inquiries, and forwarding documents intended to influence the person to be deceived; coupled with guilty intent, these acts were capable of amounting to an attempt to cheat. The distinction between preparation and attempt depended on the facts, and the jury was entitled to find that the criminal attempt had begun. The conviction was upheld and no basis was shown for a Privy Council reference.

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Issues: Whether the acts proved against the accused amounted to an attempt to cheat under the Indian Penal Code, as distinct from mere preparation, and whether the case was fit for appeal to Her Majesty in Council.

Analysis: The Court held that section 511 of the Indian Penal Code was wide enough to include a series of acts done towards the commission of the offence, not merely the last act immediately before completion. The evidence showed more than preliminary preparation: the accused used false letters of administration, made inquiries and forwarded documents intended to bear upon the mind of the person to be deceived, and these acts were capable of amounting to an attempt when coupled with guilty intent. The distinction between preparation and attempt depended on the facts, and on the evidence the jury was entitled to find that the criminal attempt had begun. The Court also held that the conviction was proper and that no ground was made out for sending the case to the Privy Council.

Conclusion: The application was rejected and the conviction was upheld.

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