Indian Penal Code
IPC 40 is now BNS 2(24).
“Offence” · BNS 2 brings it together with IPC 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 33, 39, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52 and 52A. BNS 2(3) and BNS 2(39) are new, with no IPC counterpart.
Merged
57% of the old wording kept
Old · IPC 1860 · Ch. II
s. 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.]
Text from the official India Code PDF
New · BNS 2023 · Ch. I
s. 2(24)of section 2
Definitions.
(24) "offence".---Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word "offence" means a thing made punishable by this Sanhita, but---
(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word offence means a thing punishable under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word "offence" shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;
Text from India Code