VidhiSangh

Indian Penal Code, 1860

Section 40: "Offence"

Repealed. Repealed from 1 July 2024. Use it for offences committed before repeal and other liabilities, investigations or proceedings preserved by BNS section 358; do not use it as the current general penal code.

Chapter II — General Explanations

40. Except in the [Chapters] and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code.

In Chapter IV, [Chapter VA] and in the following sections, namely, sections [64, 65, 66, [67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.

And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]

Source: official text of the Indian Penal Code, 1860.