Singapore legislation

Section 6

of Children and Young Persons Act 1993

Section 6

Ill-treatment of child or young person

Amended by15/201930/201930/201915/2019

(1)

A person shall be guilty of an offence if, being a person who has the custody, charge or care of a child or young person, he or she ill‑treats the child or young person or causes, procures or knowingly permits the child or young person to be ill‑treated by any other person.

(2)

For the purposes of subsection (1) —

(a)

a person (A) knowingly permits a child or young person (B) to be ill‑treated by another person (C) if A being a person who has the custody, charge or care of B, knows or has reason to believe that B was at risk of being ill‑treated by C, and failed to take such steps as A could reasonably have been expected in A’s circumstances to take to protect B from that risk; and

(b)

A’s circumstances mentioned in paragraph (a) include but are not limited to A’s past or present experiences of being ill‑treated by C, if any.

Amended by15/2019

(3)

For the purposes of this Act, a person ill‑treats a child or young person if that person, being a person who has the custody, charge or care of the child or young person —

(a)

subjects the child or young person to physical or sexual abuse;

(b)

wilfully or unreasonably does, or causes the child or young person to do, any act which endangers or is likely to endanger the safety of the child or young person or which causes or is likely to cause the child or young person —

(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional harm; or

(iii)

any injury to his or her health or development; or

(c)

wilfully or unreasonably neglects, abandons or exposes the child or young person with full intention of abandoning the child or young person or in circumstances that are likely to endanger the safety of the child or young person or to cause the child or young person —

(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional harm; or

(iii)

any injury to his or her health or development.

Amended by30/2019

(4)

For the purpose of subsection (3)(c), the parent or guardian of a child or young person is deemed to have neglected the child or young person in a manner likely to cause him or her physical pain, suffering or injury or emotional harm or injury to his or her health or development if the parent or guardian wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person.

Amended by30/2019

(5)

A person may be convicted of an offence under this section despite —

(a)

that any actual suffering or injury on the part of the child or young person or the likelihood of any suffering or injury on the part of the child or young person was obviated by the action of another person; or

(b)

the death of the child or young person in respect of whom the offence is committed.

(6)

Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction —

(a)

in the case where death is caused to the child or young person, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and

(b)

in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both.

Amended by15/2019

(7)

The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein.

(8)

If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of such bond, the person must —

(a)

if such bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or

(b)

if such bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.[5

Section 6 — Children and Young Persons Act 1993 | laws.sg