Legal Provisions of Section 40 of Indian Penal Code, 1860.
Offence:
The definition of the word ‘offence’ has been given under three parts. In the first part, a thing which is made punishable by the Indian Penal Code is an offence. The use of the words ‘a thing’ has been objected to on the ground that ‘a thing’ cannot be made punishable and, therefore, ‘a thing’ must mean an act or a series of acts, or an illegal omission or a series of illegal omissions.
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In the second part, some chapters and sections have been specifically mentioned in which the word ‘offence’ denotes a thing which the Indian Penal Code or any special or local law punishes. ‘Special law’ and ‘local law’ have been defined by the Code in sections 41 and 42 respectively.
The concept of an offence has been widened in this part to include anything punishable under any special or local law and it does not remain limited to a thing punishable under this Code. In the third part of the definition, certain sections of the Code have been mentioned wherein the word ‘offence’ means the same thing punishable under the special or local law with a minimum punishment of six months’ with or without fine.
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In Ganesh v. State, some money was obtained by the appellants from another on the false pretence of supplying a girl to be married to someone. The Allahabad High Court held that even though the amount so paid could not be recovered and the specific performance of the contract could not be ensured by a civil suit, the accused would be liable for the offence of cheating under section 420 read with section 34 of the Code. In Pratibha Rani v. Suraj Kumar, the Supreme Court also held that where a husband does an act against his wife which comes within the definitions under this Code, it is an offence.