"Offence"
Section 40 of the Indian Penal Code, 1860 deals with "Offence". 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. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.]
Section 40, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Close, with changes 66%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 141 Unlawful assembly
- s. 176 Omission to give notice or information to public servant by person legally bound to give it
- s. 177 Furnishing false information
- s. 201 Causing disappearance of evidence of offence, or giving false information to screen offender
- s. 202 Intentional omission to give information of offence by person bound to inform
- s. 212 Harbouring offender-if a capital offence, if punishable with imprisonment for life, or with imprisonment
- s. 216 Harbouring offender who has escaped from custody or whose apprehension has been ordered-if a capital offence; if punishable with imprisonment for life, or with imprisonment
- s. 441 Criminal trespass
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State vs Saif Ali
Court's Decision & Legal Precedent
The provisions of Chapter VIII of the Indian Penal Code, specifically Sections 147, 148, and 149 IPC, can be applied to offences under special laws like the Wildlife Protection Act, but only to the extent that the underlying offence falls within the scope of the specific IPC provision. Section 149 IPC can be applied to wildlife protection violations when committed by an unlawful assembly because hunting protected animals constitutes 'mischief' under Section 425 IPC, which falls within Clause Thirdly of Section 141 IPC's definition of unlawful assembly. However, Section 147 IPC (rioting) cannot be applied to wildlife hunting because rioting requires use of criminal force on persons, not animals. The definition of 'offence' under Section 40 IPC extends to special laws when the offence is punishable with imprisonment of six months or more, and damage to wildlife constitutes loss to the public through ecological harm, thereby satisfying the mischief definition.
On this section: Definition of 'offence' - Court analyzed whether 'offence' under this section extends to special laws like Wildlife Protection Act in context of Sections 141, 147, 148, 149 IPC
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State vs Dushyant Singh
Court's Decision & Legal Precedent
The provisions of Sections 147, 148, and 149 of the Indian Penal Code can be applied to offences under the Wildlife Protection Act to the extent that: (1) Section 147 (rioting) and Section 148 (rioting with deadly weapons) cannot apply because criminal force as defined in Section 349 IPC requires use of force on another person, not on animals; (2) Section 149 (act of member of unlawful assembly) can apply when an unlawful assembly is formed with the common object of committing mischief against wildlife, as 'mischief' under Section 425 IPC includes damage to wildlife which constitutes loss to ecology and public; (3) The definition of 'offence' under Section 40 IPC extends to special laws like the Wildlife Protection Act for purposes of Section 141 IPC (unlawful assembly), particularly Clause Thirdly which covers 'other offence'; (4) Damage to wildlife, even if not calculable in monetary terms, constitutes loss to the public and society, bringing it within the definition of mischief.
On this section: Definition of 'offence' - Court analyzed whether this definition extends to special laws for purposes of Sections 147, 148, 149 IPC
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State vs Salman Khan& ORS.
Court's Decision & Legal Precedent
Damage caused to wildlife, even if not calculable in monetary terms, constitutes loss to ecology and society at large. Therefore, provisions of Chapter VIII of the Indian Penal Code, specifically Section 149 IPC read with Section 141 IPC (Clause Thirdly covering 'other offence'), can be applied to offences under the Wildlife Protection Act when committed by an unlawful assembly. However, Sections 147 and 148 IPC (rioting and rioting with deadly weapons) cannot be applied to wildlife hunting as they require use of criminal force against persons, not animals. Criminal force under Section 349 IPC is limited to force causing motion or change of motion in another person.
On this section: Definition of 'offence' - Court examined whether offences under special laws like Wildlife Protection Act fall within the definition of offence for purposes of applying IPC provisions
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State vs Neelam Kothari
Court's Decision & Legal Precedent
Damage caused to wildlife, even if not evaluable in monetary terms, constitutes loss to public ecology and society at large. Therefore, the provisions of Section 141 IPC (unlawful assembly) can be applied to offences under the Wildlife Protection Act, and consequently, Section 149 IPC (act of any member of unlawful assembly) applies to wildlife hunting offences when multiple persons act with common object to commit mischief. However, Sections 147 and 148 IPC (rioting and rioting with deadly weapons) do not apply to wildlife hunting as they require criminal force affecting persons, not animals.
On this section: Definition of 'offence' - Court examined whether 'offence' under special laws like Wildlife Protection Act falls within scope of IPC provisions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 40
What have the courts held on Section 40 of the Indian Penal Code?
State vs Saif Ali (24 Jul 2012) is the leading judgment on this section among those set out below: Definition of 'offence' - Court analyzed whether 'offence' under this section extends to special laws like Wildlife Protection Act in context of Sections 141, 147, 148, 149 IPC. Another 3 judgments on this section are set out below.
How do I find court cases under Section 40 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 40, section 40 IPC, section 40 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with State vs Saif Ali (24 Jul 2012).
What should I read with Section 40 of the Indian Penal Code, and has it changed?
Its own text turns on section 141 (Unlawful assembly), section 176 (Omission to give notice or information to public servant by person legally bound to give it), section 177 (Furnishing false information), section 201 (Causing disappearance of evidence of offence, or giving false information to screen offender), and on 4 further provisions, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 40 of the Indian Penal Code come into force?
Section 40 of the Indian Penal Code, cited as IPC 40, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.