Offence
Also called: Crime
An act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Explained
Indian criminal law defines "offence" in more than one place, and the meaning depends on the statute being read. Section 2(24) of the BNS says that, except in the Chapters and sections it lists, the word means a thing made punishable by the Sanhita. In Chapter III (general exceptions) and in a listed set of sections, it means a thing punishable under the Sanhita or under any special or local law. The same split structure was found earlier in Section 40 of the IPC.
The procedural definition is wider. Section 2(1)(q) of the BNSS defines offence as any act or omission made punishable by any law for the time being in force, and it includes an act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871. Section 3(38) of the General Clauses Act, 1897 gives the same broad meaning for Central Acts. An act punishable only under a special statute is therefore an offence for the purposes of the BNSS, even though it is not a thing made punishable by the BNS itself.
Two features follow from the definitions. An offence may consist of an omission as well as an act. Acts done abroad can also be offences: the Explanation to Section 1 of the BNS provides that, in that section, offence includes every act committed outside India which would be punishable under the Sanhita if committed in India, and Section 33(2) of the BNSS applies a similar rule to the public's duty to give information of certain offences.
Examiners seldom ask for the bare definition. They test the classifications built on it: bailable and non-bailable offences and cognizable and non-cognizable offences under Section 2(1)(c), (g) and (o) of the BNSS read with the First Schedule, and summons-cases and warrant-cases by the punishment prescribed. They also ask which definition applies in a given provision, especially the wider meaning used for the general exceptions.
What the law says
(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;
Clause (24) defines offence and its wider meaning in listed provisions
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
Explanation.—In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.
Illustration.
Explanation treats acts outside India as offences
Earlier law: IPC 1. Title and extent of operation of the Code.; New Section; 2. Punishment of offences committed within India.; 3. Punishment of offences committed beyond, but which by law may be tried within, India.; 4. Extension of Code to extra-territorial offences.; 5. Certain laws not to be affected by this Act.
(q) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871 (1 of 1871);
Clause (q) gives the procedural definition: any act or omission punishable by law
Earlier law: CRPC 2. Definitions.
(xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.
Sub-section (2) extends offence to acts committed outside India
Earlier law: CRPC 39. Public to give information of certain offences.
Section 3, General Clauses Act
(38) “offence” shall mean any act or omission made punishable by any law for the time being in force;
Clause (38) defines offence for Central Acts
Earlier law: Section 40, IPC
Example
For example, an act punishable only under the NDPS Act is not a thing made punishable by the BNS, but it is an offence under Section 2(1)(q) of the BNSS, so the BNSS procedure applies to it except where the NDPS Act provides otherwise.
For the exam
- BNS Section 2(24): a thing made punishable by the Sanhita, with a wider meaning in the provisions it lists.
- BNSS Section 2(1)(q): any act or omission punishable by any law in force, plus Cattle Trespass Act complaints.
- In Chapter III (general exceptions) of the BNS, offence includes things punishable under special or local laws.
- For Section 1 BNS, offence includes an act abroad that would be punishable if done in India (Explanation).
- The split definition was earlier in Section 40 of the IPC.
5,430 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Related terms
- Cognizable offenceAn offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
- Bailable offenceAn offence shown as bailable in the First Schedule to the BNSS, or made bailable by any other law. A person accused of it is entitled to release on bail as of right.
- OmissionA failure to act. Under Section 2(25) of the BNS the word denotes a series of omissions as well as a single omission, and words referring to acts extend to illegal omissions.
- Summons-caseA case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
- Warrant-caseA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(1)(z) of the BNSS.
- Mens reaThe mental element of a crime, such as intention, knowledge, dishonesty or rashness, which together with the physical act (actus reus) ordinarily constitutes an offence.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.