IPC 40 and BNS 40 – Definition of Offence in Criminal Law
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 40
Definition of “Offence”
About IPC Section
Section 40 of the Indian Penal Code (IPC), 1860, defines the term “offence.” According to this provision, the meaning of offence varies depending on the context. In its broadest sense, an offence denotes any act or omission punishable under the IPC. However, where the word “offence” is used in reference to any particular law, special or local, it includes acts punishable under that law.
The section plays a crucial role because the term “offence” appears throughout the IPC and many other criminal statutes. For instance, when applying provisions like abetment, attempt, or conspiracy, it becomes essential to know whether the act in question qualifies as an offence. IPC 40 ensures that the scope of “offence” is not limited only to crimes under the IPC but also extends to acts penalized under other laws.
By defining the term flexibly, this section harmonizes the application of criminal law across different statutes. It helps courts interpret whether an act amounts to an offence in varying contexts. Thus, IPC 40 establishes a foundational principle for understanding criminal liability in both general and special laws.
Section: BNS 40
Definition of “Offence”
About BNS Section
Section 40 of the Bharatiya Nyaya Sanhita (BNS), 2023, also provides the definition of “offence.” Much like IPC 40, it states that an offence means any act or omission punishable under the BNS. Furthermore, when the term is used in reference to a special or local law, it includes acts that are punishable under those laws as well.
This section ensures continuity with the IPC framework while aligning it with the new codification. Since the word “offence” is used extensively across the BNS, its clear definition is necessary to avoid ambiguity. For example, when applying provisions regarding conspiracy, attempt, or abetment, the act must first fall under the definition of an offence as per Section 40.
By retaining the same principle as the IPC, BNS 40 ensures a consistent understanding of criminal liability across general and special laws. It reinforces the idea that an act can be considered an offence not just under the BNS but also under other penal legislations enacted by Parliament or State Legislatures. Thus, BNS 40 provides clarity and uniformity in the application of criminal law.