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Facts: Amar Applied for the Post of P. G. Teacher in a Government School and Submitted His Application Along with His Degrees. - Legal Reasoning

MCQ

Apply the legal principles to the facts given below and select the most appropriate answer.

Legal Principles:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

Facts: Amar applied for the post of P. G. Teacher in a government school and submitted his application along with his degrees. He was called for the interview on 10 June 2018. But the school authorities on 10 May 2018 discovered that the copy of the degrees attached to Amar’s application is forged and so the interview was canceled. Is any offense committed by Amar?

Options

  • Amar is guilly of chealing.

  • Amar is guilty of preparation to cheat.

  • Amar is guilty of 'attempt' to cheat.

  • Amar is not guilty of any offense as he is not called for the interview.

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Solution

Amar is guilty of 'attempt' to cheat.

Explanation:

Amar is guilty of attempt to cheat. This is because  Amar did not actually cheat as he was caught before he could cheat. According to the principle, attempt is defined as an act committed in partial execution of criminal design or intent, more than mere preparation but falling short of actual commission. In this case  Amar fell short of the actual commission of this offense. 

Concept: Criminal Law
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