section 40 indian penal code

INDIAN PENAL CODE

Section 40: “Offence”

40: “Offence”::--40¹.  Except in the Chapters² and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes as thing made punishable by this Code.

In Chapters IV, Chapter VA³ and in the following sections, namely, sections [64, 65, 66, 67⁵, 71]⁴, 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 “office” 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.

COMMENTS

Offence means any act or omission made punishable by law for the time being in force.

A felony or misdemeanor; a breach of the criminal laws; violation of law for which penalty is prescribed. The word “offence”, while sometimes used in various senses, generally implies a felony or a misdemeanor infringing public as distinguished from mere private rights, and punishable under the criminal laws, though it may also include the violation of a criminal statute for which the remedy is merely a civil suit to recover the penalty.

Criminal offences may be classified into general categories as felonies and misdemeanors and as offenses against the person (e.g. murder, manslaughter), against habitation and occupancy (e.g. burglary, arson) against property (e.g. larceny), against morality and decency (e.g. adultery), against public peace, against government (e.g. treason).

1. Subs. by Act 27 of 1870, sec. 1, for the original section.

2. Subs. by Act 8 of 1930, sec. 2 and Sch. I, for “Chapter”.

3. Ins. by Act 8 of 1913, sec. 2.

4. Ins. by Act 8 of 1882, sec. 1.

5. Ins. by Act 10 of 1886, sec. 21(1).