IPC Section 40: “Offence”
Indian Penal Code, 1860 · Chapter 2: General Explanations
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
1[40. “Offence”.—Except in the 2[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, 3[Chapter VA] and in the following sections, namely, sections 4[64, 65, 66, 5[67], 71], 109, 110, 112, 114, 115, 116, 117,6[118, 119 and 120] 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.]
1. Subs. by Act 27 of 1870, s. 2, for section 40.
2. Subs. by Act 8 of 1930, s. 2 and the First Sch., for "Chapter".
3. Ins. by Act 8 of 1913, s. 2.
4. Ins. by Act 8 of 1882, s. 1.
5. Ins. by Act 10 of 1886, s. 21 (1).
6. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 6. Definitions in the Code to be understood subject to exceptions
- 7. Sense of expression once explained
- 8. Gender
- 9. Number
- 10. “Man”. “Woman”
- 11. “Person”
- 12. “Public”
- 13. [Omitted.]
- 14. “Servant of Government”
- 15. [Repealed.]
- 16. [Repealed.]
- 17. “Government”
- 18. “India”
- 19. “Judge”
- 20. “Court of Justice”
- 21. “Public servant”
- 22. “Moveable property”
- 23. “Wrongful gain”. “Wrongful loss”. Gaining wrongfully/ Losing wrongfully
- 24. “Dishonestly”
- 25. “Fraudulently”
- 26. “Reason to believe”
- 27. Property in possession of wife, clerk or servant
- 28. “Counterfeit”
- 29. “Document”
- 29A. “Electronic record”
- 30. “Valuable security”
- 31. “A will”
- 32. Words referring to acts include illegal omissions
- 33. “Act”. “Omission”
- 34. Acts done by several persons in furtherance of common intention
- 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
- 36. Effect caused partly by act and partly by omission
- 37. Co-operation by doing one of several acts constituting an offence
- 38. Persons concerned in criminal act may be guilty of different offences
- 39. “Voluntarily”
- 41. “Special law”
- 42. “Local law”
- 43. “Illegal”.“Legally bound to do”
- 44. “Injury”
- 45. “Life”
- 46. “Death”
- 47. “Animal”
- 48. “Vessel”
- 49. “Year”. “Month”
- 50. “Section”
- 51. “Oath”
- 52. “Good faith”
- 52A. “Harbour-“