Singapore legislation

Section 26H

of Penal Code 1871

Section 26H

“Strict liability”

Amended by15/201915/201915/201915/2019

(1)

An offence of strict liability under this Code or any written law is one where, for every physical element of the offence, there is no corresponding fault element.

Amended by15/2019

(2)

Strict liability is said to apply to a particular physical element of an offence where there is no corresponding fault element for that physical element, regardless of whether or not the offence is one of strict liability.

Amended by15/2019

(3)

To avoid doubt, an offence may be a strict liability offence even though it is not so expressly described by any written law; and strict liability may apply to a particular physical element of any offence even though it is not so expressly described in any written law.

Amended by15/2019

(4)

It is a defence for any person charged with a strict liability offence to prove that in committing all the acts or omissions that are physical elements of the offence, he exercised reasonable care.

Amended by15/2019
Section 26H — Penal Code 1871 | laws.sg