The offence under the Code is basically the creation of a criminal policy adopted from time to time by those sections of the community or person who is/are powerful for their own benefit or to safeguard to his/their own security or comfort.
An offence or a crime is a violation of a right, considered in reference to the evil tendency of such violation as regards the community at large; R. v. Russell, 1933 VLR 532.
The characteristics of a crime or offence:
(a) It is an act or omission or an act of commission on the part of a human being which is considered as harmful by the State.
(b) The guilt of accused is determined after the accusation against him has been investigated in legal proceedings in accordance with the provisions of law.
(c) Such act or omission or commission is subject to punishment administered by the court of law.
Section 40 of the Code reads as under:
Except in the 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, Chapter VA and in the following sections, namely, sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 118, 119, 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.
© Universal law Publishing Co.