The passing marks out of 40 can vary depending on the exam or course. Here are some examples:

• CBSE Term 1 examination: The passing marks are 33% out of a total of 40 marks for the theory exam.
• CBSE Class 10 exam: The passing marks are also 33% out of a total of 80 marks.
• Maths exam marked out of 120: The passing mark is 40%, which means a student needs to score at least 48 marks to pass.
• Degree college courses: To pass a course, a learner should obtain a minimum of 40% marks in aggregate out of the total marks allotted for each course where the course consists of Internal Assessment and Semester End Examination. The learner should also obtain a minimum of 40% marks out of the total marks allotted to the Internal Assessment and minimum 40% marks out of the total marks allotted to the Semester End Examination separately.

Therefore, the passing marks out of 40 can vary depending on the exam or course, and it is important to check the specific passing criteria for each one.