IPC §40BNS §2

“Offence”

ModifiedConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-05-02.

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Comparison

Old law
IPC §40
“Offence”

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.]

New law
BNS §2
Definitions

In this Sanhita, unless the context otherwise requires,—

What changedAI-inferred

BNS Section 2(24) preserves the three-tier structure (main clause + sub-clauses (a) and (b)). Changes are mechanical: denotesmeans; the chapter reference shifts to BNS Chapter III; the enumerated section lists are updated from IPC sections to BNS sections; and six months or upwards becomes six months or more.

Old position

IPC Section 40 carried a three-tier definition of offence: by default, a thing made punishable by the IPC; in specified chapters and enumerated sections, also a thing punishable under any special or local law; and in a smaller list of sections, only when the special/local law carries imprisonment of six months or upwards.

New position

BNS Section 2(24) preserves the three-tier structure (main clause + sub-clauses (a) and (b)). Changes are mechanical: denotesmeans; the chapter reference shifts to BNS Chapter III; the enumerated section lists are updated from IPC sections to BNS sections; and six months or upwards becomes six months or more.

Editorial deltaAI-indicated (source-linked)

IPC Section 40 carried a three-tier definition of offence: (1) default — punishable by the IPC; (2) extended — for the specified Chapters and enumerated sections, also covers things punishable under any special or local law; (3) further extended — for a smaller list of sections, only when the special/local law carries imprisonment of six months or upwards. BNS Section 2(24) preserves the same three-tier structure in main-clause + sub-clause (a) + sub-clause (b) form. Changes are mechanical: denotesmeans (drafting modernisation); six months or upwardssix months or more (drafting modernisation; same threshold); the IPC chapter references (Chapter IV General Exceptions; Chapter VA Criminal Conspiracy) are consolidated into BNS Chapter III; and the enumerated section lists are updated from IPC section numbers to BNS section numbers. Per the cross-reference-remapping doctrine, these updates are pointer maintenance to preserve the same legal reach under new section labels — they do not constitute scope drift unless the enumerated set actually adds or drops members that change the operative coverage. The Chapter III consolidation in particular reflects BNS's broader restructuring (General Exceptions absorbed into Chapter III) and is recorded as a consolidation pattern, not envelope drift.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 40 continues to apply. For matters from that date forward, BNS 2 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.

Frequently asked

BNS Section 2, sub-clause (24), with its sub-clauses (a) and (b). The three-tier offence-definition structure is preserved.

Sources

Cite this page

Newlaws.in, IPC §40 → BNS §2 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/40.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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