Singapore legislation
Clause 169
Clause 169
Amendment of Criminal Procedure Code
(1)
The Criminal Procedure Code (Cap. 68, 2012 Ed.) is amended —
by inserting, immediately after the words “Children and Young Persons Act (Cap. 38),” in the definition of “child abuse offence” in section 2(1), the words “or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code (Cap. 224),”;
by deleting paragraph (a) of the definition of “sexual offence” in section 2(1) and substituting the following paragraph:“(a)an offence under section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code; or”;
by deleting subsection (1) of section 36 and substituting the following subsection:“(1) Any police officer of or above the rank of sergeant, upon being satisfied that any person has in his possession —
any counterfeit currency or any die, instrument or material for the purpose of counterfeiting any currency; or
any forged or counterfeit bank note or any machinery, instrument or material used for the forging or counterfeiting of any bank note,may, without warrant and with or without assistance, enter and search any place where any such currency or bank note or any such die, machinery, instrument or material is kept and seize any such currency, bank note, die, machinery, instrument or material.”;
by deleting subsection (3) of section 36 and substituting the following subsection:“(3) In this section, “bank note”, “currency”, “die” and “instrument” have the same meanings as in the Penal Code.”;
by deleting the section heading of section 36 and substituting the following section heading:“Forfeiture of counterfeit currency or bank note, etc.”;
by deleting illustration (a) of section 127;
by deleting the words “Chapter XII of the Penal Code relating to a counterfeit coin” in section 143(f) and substituting the words “Chapter XVIII of the Penal Code relating to a counterfeit currency”;
by deleting the words “same coin” in section 143(f) and substituting the words “same currency”;
by inserting, immediately after the words “Chapter IV” in illustration 1 of section 165(1), the words “or right of private defence in Chapter IVA”;
by inserting, immediately after the words “Chapter IV” in illustration 1 of section 217(1), the words “or right of private defence in Chapter IVA”;
by repealing section 251 and substituting the following section:“Acquittal on ground of unsound mind
251. If an accused is acquitted by operation of section 84 of the Penal Code, the finding must state specifically whether he committed the act or not.”;
by deleting “324, 325, 326, 327, 328, 329, 330, 331, 334, 335,” in section 264A(1)(b)(ii)(A) and substituting “323A, 324, 325, 326, 327, 328, 329, 330, 331, 334, 334A, 335, 335A, 335B,”;
by deleting the words “domestic maid” in section 264A(1)(b)(ii)(B)(BC) and (iii)(B)(BC) and substituting in each case the words “domestic worker”;
by inserting, immediately after sub‑paragraph (BC) of section 264A(1)(b)(ii)(B), the following sub‑paragraph:“(BD)the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code applies;”;
by inserting, immediately after sub‑paragraph (BC) of section 264A(1)(b)(iii)(B), the following sub‑paragraph:“(BD)the offence alleged to have been committed against or in relation to the person is one to which section 73, 74A, 74B, 74C or 74D of the Penal Code applies;”;
by deleting subsection (9) of section 264A and substituting the following subsection:“(9) In this section, “domestic worker” and “member of the employer’s household” have the same meanings as in section 73(4) of the Penal Code.”;
by inserting, immediately after paragraph (a) of section 281(2), the following paragraph:“(aa)an offence under section 356, 357 or 358 of the Penal Code;”;
by deleting the words “, 205 and 209” in section 281(10) and substituting the words “and 205”;
by inserting, immediately after section 303, the following section:“Presumptive minimum sentence303A.—
This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect.(2) The court must, unless subsection (3) applies, impose a sentence that is equal to or greater than the presumptive minimum sentence prescribed for that offence.(3) Where the court is satisfied that by reason of exceptional circumstances it would be unjust to impose on a first‑time offender the presumptive minimum sentence prescribed for an offence the first‑time offender is convicted of, the court must impose a sentence of the same type of punishment but that is less than the presumptive minimum sentence prescribed for that offence.(4) In any written law, unless the context requires otherwise, a reference to a mandatory minimum sentence of imprisonment shall include a reference to a presumptive minimum sentence mentioned in subsection (1).(5) In this section, “first‑time offender”, in relation to an offence, means a person who does not fall within any of the following descriptions:
a person who had previously been sentenced to a term of imprisonment for any offence, other than a term of imprisonment served by him in default of payment of a fine;
a person who had previously been sentenced to reformative training, corrective training or preventive detention, for any offence;
a person who had previously been detained or subject to police supervision under section 30 of the Criminal Law (Temporary Provisions) Act (Cap. 67);
a person who had previously been admitted to an approved institution under section 34 of the Misuse of Drugs Act (Cap. 185) or to an approved centre under section 17 of the Intoxicating Substances Act (Cap. 146A). Explanation.—The circumstances must be so exceptional as to make it unjust to impose the presumptive minimum sentence for an offence and outweigh the public interests in punishing the offender with the presumptive minimum sentence. The mere presence of all or any of the following mitigating circumstances will not be sufficient to constitute “exceptional circumstances”:
the offender pleaded guilty to the offence;
the offender is a first‑time offender;
the offender is of previous good character.”;
by deleting “430A” in section 424 and substituting “427”;
by inserting, immediately after “440,” in section 424, “442,”;
by deleting “454, 455, 456, 457, 458,” in section 424; and
by deleting “209,” in section 425A(2)(a).
(2)
The First Schedule to the Criminal Procedure Code is amended —
by inserting, immediately above the heading “CHAPTER V — ABETMENT”, the following heading and items:“CHAPTER III — PUNISHMENTS73Enhanced penalties for offences alleged to have been committed against domestic workersMay arrest without warrantWarrantAccording as to whether the offence alleged to have been committed against or in relation to the person is bailable or notUp to twice the punishment provided for the offenceMagistrate’s Court or District Court74AEnhanced penalties for offences alleged to have been committed against vulnerable personsMay arrest without warrantWarrantAccording as to whether the offence alleged to have been committed against or in relation to the person is bailable or notUp to twice the punishment provided for the offence Magistrate’s Court or District Court74BEnhanced penalties for offences alleged to have been committed against child below 14 years of ageMay arrest without warrantWarrantAccording as to whether the offence alleged to have been committed against or in relation to the person is bailable or notUp to twice the punishment provided for the offence Magistrate’s Court or District Court”;
by deleting the words “7 years” under the sixth column in the first item relating to section 115 and substituting the words “15 years”;
by deleting the words “14 years” under the sixth column in the second item relating to section 115 and substituting the words “20 years”;
by deleting both items relating to section 116 and substituting the following item:“116Abetment of an offence punishable with imprisonment, if the offence is not committed in consequence of the abetmentMay arrest without warrant, if arrest for the offence abetted may be made without warrant but not otherwiseAccording as to whether a warrant or summons may issue for the offence abettedAccording as to whether the offence abetted is bailable or notThe same punishment as for the offence abetted, provided that any mandatory minimum sentence or sentence fixed by law does not applyThe court by which the offence abetted is triable”;
by deleting the word “object” under the third to seventh columns in the item relating to section 120B and substituting in each case the word “subject”;
by deleting the words “, and fine” under the sixth column in the items relating to sections 121 and 121B;
by deleting the words “one year, or fine*” under the sixth column in the item relating to section 182 and substituting the words “2 years, or fine”;
by deleting the words “imprisonment for life or” under the second column in the item relating to section 195”;
by inserting, immediately after the item relating to section 195, the following item:“195Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life According as to whether arrest may be made without warrant for the offence or not WarrantNot bailable Imprisonment for 20 yearsThe court by which the offence abetted is triable”;
by deleting the item relating to section 209;
by deleting the words “COIN AND” in the heading of Chapter XII;
by deleting the items relating to sections 231 to 255 and substituting the following item:“255Counterfeiting a Government stampMay arrest without warrantWarrantBailableImprisonment for 10 years, and fineDistrict Court”;
by deleting the heading “CHAPTER XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES” and the items relating to sections 264 to 267;
by deleting the words “Not bailable” under the fifth column in the item relating to section 267B and substituting the word “Bailable”;
by inserting, immediately after the item relating to section 267C, the following items:“268ACommunicating false information of harmful thingMay arrest without warrantWarrantNot bailableImprisonment for 7 years, or fine*, or bothDistrict Court268BPlacing or sending thing with intent to cause fear of harmMay arrest without warrantWarrantNot bailableImprisonment for 7 years, or fine*, or bothDistrict Court268CPlacing or sending thing causing fear of harmMay arrest without warrantWarrantBailableImprisonment for 6 months, or fine*, or bothMagistrate’s Court or District Court”;
by deleting the words “6 months, or fine*” under the sixth column in the item relating to section 272 and substituting the words “3 years, or fine”;
by deleting the words “one year, or fine*” under the sixth column in the item relating to section 277 and substituting the words “3 years, or fine”;
by deleting the word “Ditto” under the sixth column in the item relating to section 279 and substituting the words “Imprisonment for one year, or fine*, or both”;
by deleting the items relating to sections 284, 285 and 286 and substituting the following items:“284(1)(a)Rash or negligent conduct with dangerous or harmful substance so as to be likely to cause hurt or injury to any other personMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court284(1)(b)Rash or negligent conduct with dangerous or harmful substance so as to endanger human lifeMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court284(1)(c)Rash or negligent conduct with dangerous or harmful substance so as to cause hurt to any other personMay arrest without warrantSummonsBailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court284(1)(d)Rash or negligent conduct with dangerous or harmful substance so as to cause grievous hurt to any other personMay arrest without warrantSummonsBailableImprisonment for 6 years, or fine, or bothMagistrate’s Court or District Court284(1)(e)Rash or negligent conduct with dangerous or harmful substance so as to cause death of any other personMay arrest without warrantSummonsBailableImprisonment for 7 years, or fine, or bothMagistrate’s Court or District Court285(1)(a)Causing or contributing to the risk of dangerous fire where the fire is likely to cause hurt or injury to any other personMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court285(1)(b)Where the fire endangers human lifeMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court285(1)(c)Where the fire damages property or diminishes value or utility thereofMay arrest without warrantSummonsBailableImprisonment for 18 months, or fine, or bothMagistrate’s Court or District Court285(1)(d)Where the fire causes hurt or injury to any other personMay arrest without warrantSummonsBailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court285(1)(e)Where the fire causes grievous hurt to any other personMay arrest without warrantSummonsBailableImprisonment for 6 years, or fine, or bothMagistrate’s Court or District Court285(1)(f)Where the fire causes death to any other personMay arrest without warrantSummonsBailableImprisonment for 7 years, or fine, or bothMagistrate’s Court or District Court”;
by deleting the items relating to sections 287 to 290 and substituting the following items:“287(1)(a)Rash or negligent conduct with machinery so as to be likely to cause hurt or injury to any other personMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court287(1)(b)Rash or negligent conduct with machinery so as to endanger human lifeMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court287(1)(c)Rash or negligent conduct with machinery so as to cause hurt or injury to any other personMay arrest without warrantSummonsBailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court287(1)(d)Rash or negligent conduct with machinery so as to cause grievous hurt to any other personMay arrest without warrantSummonsBailableImprisonment for 6 years, or fine, or bothMagistrate’s Court or District Court287(1)(e)Rash or negligent conduct with machinery so as to cause death of any other personMay arrest without warrantSummonsBailableImprisonment for 7 years, or fine, or bothMagistrate’s Court or District Court288(1)(a)Negligence in pulling down or repairing buildings so as to endanger human lifeMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court288(1)(b)Negligence in pulling down or repairing buildings so as to cause death of any other personMay arrest without warrantSummonsBailableImprisonment for 7 years, or fine, or bothMagistrate’s Court or District Court289(1)(a)Negligent conduct with respect to any animal so as to be likely to cause grievous hurtMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court289(1)(b)Negligent conduct with respect to any animal so as to endanger human lifeMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court289(1)(c)Negligent conduct with respect to any animal so as to cause grievous hurt to any other personMay arrest without warrantSummonsBailableImprisonment for 6 years, or fine, or bothMagistrate’s Court or District Court289(1)(d)Negligent conduct with respect to any animal so as to cause death of any other personMay arrest without warrantSummonsBailableImprisonment for 7 years, or fine, or bothMagistrate’s Court or District Court290(a)Committing a public nuisanceMay arrest without warrantSummonsBailableFine*Magistrate’s Court or District Court290(b)Where the offender knew that the public nuisance will cause or will probably cause any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinityMay arrest without warrantSummonsBailableImprisonment for 3 months, or fine*, or bothMagistrate’s Court or District Court290(c)Committing a public nuisance on second or subsequent convictionMay arrest without warrantSummonsBailableImprisonment for 3 months, or fine*, or bothMagistrate’s Court or District Court”;
by deleting “292” under the first column in the item relating to section 292 and substituting “292(1)”;
by inserting, immediately before the item relating to section 293, the following items:“292(1A)Sale, etc., of obscene objects depicting minor below 16 years of age May arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court292APossession, distribution, etc., of child sex‑dollMay arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court”;
by deleting the word “song” under the second column in the item relating to section 294 and substituting the word “words”;
by deleting the word “Bailable” under the fifth column in the items relating to the following sections and substituting in each case the words “Not bailable”:Sections 295, 296, 297, 298, 298A, 312 (both items), 317, 324, 325, 330, 332, 342, 345, 346, 347, 348, 354(2), 370, 376B(1), 376B(2), 376C(2) (both items), 419, 427, 435 and 506 (both items);
by deleting the words “10 years” under the sixth column in the item relating to section 304(b) and substituting the words “15 years”;
by inserting, immediately after the item relating to section 304A(b), the following items:“304BCausing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuseMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and fine, or caningDistrict Court304CCausing or allowing death of child below 14 years of age or vulnerable person in same householdMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and fine, or caningDistrict Court”;
(za)by deleting the item relating to section 305 and substituting the following items:“305(1)(a)Abetment of suicide of minor, or person who lacks capacityMay arrest without warrantWarrantNot bailableDeath, or imprisonment for life, or imprisonment for 20 years, and fine 305(1)(b)Abetment of attempted suicide committed by minor, or person who lacks capacityMay arrest without warrantWarrantNot bailableImprisonment for 15 years, and fineDistrict Court305(1)(c)Abetment of attempted suicide of minor, or person who lacks capacity where hurt is causedMay arrest without warrantWarrantNot bailableImprisonment for life, or imprisonment for 20 years, and fineDistrict Court”;
(zb)by inserting, immediately after the word “suicide” under the second column in the item relating to section 306, the words “or attempted suicide”;
(zc)by inserting, immediately after the second item relating to section 308, the following items:“308ACausing death in furtherance of group’s objectMay arrest without warrantWarrantNot bailableImprisonment for life, or imprisonment for 20 years, and caning 308BConcealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutionsMay arrest without warrantWarrantNot bailableImprisonment for 7 yearsDistrict Court”;
(zd)by deleting the item relating to section 309;
(ze)by deleting the words “woman is quick with child” under the second column in the second item relating to section 312 and substituting the words “woman’s pregnancy is more than 16 weeks”;
(zf)by deleting the words “2 years” under the sixth column in the item relating to section 323 and substituting the words “3 years”;
(zg)by inserting, immediately after the item relating to section 323, the following item:“323AVoluntarily causing hurt which causes grievous hurtMay arrest without warrantSummonsBailableImprisonment for 5 years, or fine*, or bothMagistrate’s Court or District Court”;
(zh)by deleting the words “stupefying drug” under the second column in the item relating to section 328 and substituting the words “poison, etc.,”;
(zi)by deleting the words “, or any combination of such punishments” under the sixth column in the item relating to section 332;
(zj)by deleting the words “3 months” under the sixth column in the item relating to section 334 and substituting the words “6 months”;
(zk)by inserting, immediately after the item relating to section 334, the following item:“334AVoluntarily causing hurt on provocation which causes grievous hurtMay arrest without warrantSummonsBailableImprisonment for one year, or fine*, or bothMagistrate’s Court or District Court”;
(zl)by inserting, immediately after the item relating to section 335, the following items:“335A(5)(a)Allowing neglect or physical or sexual abuse of domestic worker or vulnerable person where death is causedMay arrest without warrantWarrantNot bailableImprisonment for 7 years, or fine*, or bothDistrict Court335A(5)(b)Allowing neglect or physical or sexual abuse of domestic worker or vulnerable person where death is not causedMay arrest without warrantWarrantNot bailableImprisonment for 4 years, or fine*, or bothDistrict Court335BAct which endangers human life, etc., with knowledge or belief that it is likely to cause deathMay arrest without warrantWarrantNot bailableImprisonment for 7 years, or fine, or bothDistrict Court”;
(zm)by deleting the word “Ditto” under the fourth column in the item relating to section 336(a) and substituting the word “Summons”;
(zn)by deleting the word “Ditto” under the seventh column in the item relating to section 336(a) and substituting the words “Magistrate’s Court or District Court”;
(zo)by deleting the words “one year, or fine*” under the sixth column in the item relating to section 342 and substituting the words “3 years, or fine”;
(zp)by deleting the items relating to sections 343 and 344;
(zq)by deleting the item relating to section 369;
(zr)by deleting the item relating to section 375(3)(b) and substituting the following items:“375(3)(b)Rape of person below 14 years of age without person’s consentMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and caning 375(3)(c)Exploitative rape of person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and caning ”;
(zs)by deleting the word “by” under the second column in the items relating to section 376(3), 376(4)(a) and 376(4)(b) and substituting in each case the word “involving”;
(zt)by inserting, immediately after the item relating to section 376(4)(b), the following item:“376(4)(c)Exploitative sexual assault involving penetration of person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and caning ”;
(zu)by deleting the item relating to section 376A(2) and substituting the following items:“376A(2)(a)Exploitative sexual penetration of minor of or above 14 but below 16 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and fine, or caningDistrict Court376A(2)(b)Sexual penetration of minor of or above 14 but below 16 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 10 years, or fine, or bothDistrict Court”;
(zv)by inserting the words “District Court” in the seventh column of the item relating to section 376A(3);
(zw)by inserting, immediately after the item relating to section 376A(3), the following item:“376AAExploitative sexual penetration of minor of or above 16 but below 18 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 15 years, and fine, or caningDistrict Court”;
(zx)by deleting the words “sex with” under the second column in the items relating to sections 376B(1), 376B(2), 376C(2) (both items) and 376D(3) and substituting in each case the words “sex or sexual touching involving”;
(zy)by deleting the item relating to section 376E(4) and substituting the following items:“376E(4)(a)Sexual grooming of minor below 14 years of ageMay arrest without warrantSummonsNot bailableImprisonment for 4 years, or fine, or bothMagistrate’s Court or District Court376E(4)(b)Sexual grooming of minor of or above 14 but below 16 years of ageMay arrest without warrantSummonsNot bailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court”;
(zz)by inserting, immediately before the item relating to section 376F(2), the following items:“376EA(4)Exploitative sexual grooming of minor of or above 16 but below 18 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court376EB(3)(a)Sexual communication with minor below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court376EB(3)(b)Sexual communication with minor of or above 14 but below 16 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court376EC(3)Exploitative sexual communication with minor of or above 16 but below 18 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court376ED(1)Engaging in sexual activity in presence of minor below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 3 years, or fine, or both Magistrate’s Court or District Court376ED(1)Engaging in sexual activity in presence of minor of or above 14 but below 16 years of age May arrest without warrantWarrantNot bailableImprisonment for one year, or fine, or bothMagistrate’s Court or District Court376ED(2)Causing minor below 14 years of age to observe sexual imageMay arrest without warrantWarrantNot bailableImprisonment for 3 years, or fine, or bothMagistrate’s Court or District Court376ED(2)Causing minor of or above 14 but below 16 years of age to observe sexual imageMay arrest without warrantWarrantNot bailableImprisonment for one year, or fine, or bothMagistrate’s Court or District Court376EE(1)Engaging in sexual activity in presence of minor of or above 16 but below 18 years of age with exploitative relationshipMay arrest without warrantSummonsNot bailableImprisonment for one year, or fine, or bothMagistrate’s Court or District Court376EE(2)Causing minor of or above 16 but below 18 years of age to observe sexual image with exploitative relationshipMay arrest without warrantSummonsNot bailableImprisonment for one year, or fine, or bothMagistrate’s Court or District Court”;
(zza)by deleting the words “Shall not arrest without warrant” under the third column in the item relating to section 376F(2) and substituting the words “May arrest without warrant”;
(zzb)by deleting the word “Bailable” under the fifth column in the item relating to section 376F(2) and substituting the words “Not bailable”;
(zzc)by deleting the words “2 years” under the sixth column in the item relating to section 376F(2) and substituting the words “5 years”;
(zzd)by deleting the words “10 years, or fine, or both” under the sixth column in the item relating to section 376F(3) and substituting the words “20 years, and fine, or caning”;
(zze)by deleting the items relating to section 376G(3), 376G(4) and 376G(5) and substituting the following items:“376GIncestMay arrest without warrantWarrantNot bailableImprisonment for 5 yearsMagistrate’s Court or District Court376H(2)(a)Procurement of sexual activity by deception or false representation if penetration is involvedMay arrest without warrantWarrantNot bailableImprisonment for 10 years, or fine, or caningDistrict Court376H(2)(b)Procurement of sexual activity by deception or false representation in any other caseMay arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or bothDistrict Court”;
(zzf)by inserting, immediately after the second item relating to section 377B(4), the following items:“377BAUttering any word or making any gesture intended to insult the modesty of a person, etc.May arrest without warrantSummonsBailableImprisonment for one year, or fine, or bothMagistrate’s Court or District Court377BB(7)VoyeurismMay arrest without warrantWarrantNot bailableImprisonment for 2 years, or fine, or caningMagistrate’s Court or District Court377BB(8)If committed against any person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 2 years, and fine, or caningMagistrate’s Court or District Court377BC(3)Distribution of voyeuristic image or recordingMay arrest without warrantWarrantNot bailableImprisonment for 5 years, or fine, or caningMagistrate’s Court or District Court377BC(4)If committed against any person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 5 years, and fine, or caningMagistrate’s Court or District Court377BD(2)Possession of or gaining access to voyeuristic or intimate image or recordingMay arrest without warrantWarrantNot bailableImprisonment for 2 years, or fine, or bothMagistrate’s Court or District Court377BD(3)If committed against any person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 2 years, and fine, or caningMagistrate’s Court or District Court377BE(3)Distributing or threatening to distribute intimate image or recordingMay arrest without warrantWarrantNot bailableImprisonment for 5 years, or fine, or caningMagistrate’s Court or District Court377BE(4)If committed against any person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 5 years, and fine, or caningMagistrate’s Court or District Court377BF(3)Sexual exposureMay arrest without warrantSummonsBailableImprisonment for one year, or fine, or bothMagistrate’s Court or District Court377BF(4)If committed against any person below 14 years of ageMay arrest without warrantWarrantNot bailableImprisonment for 2 years, and fine, or caningMagistrate’s Court or District Court377BG(2)Using or involving child in production of child abuse materialMay arrest without warrantWarrantNot bailableImprisonment for 10 years, and fine, or caningDistrict Court377BH(2)Producing child abuse materialMay arrest without warrantWarrantNot bailableImprisonment for 10 years, and fine, or caningDistrict Court377BI(2)Distributing or selling child abuse materialMay arrest without warrantWarrantNot bailableImprisonment for 7 years, and fine, or caningDistrict Court377BJ(3)Advertising or seeking child abuse materialMay arrest without warrantWarrantNot bailableImprisonment for 5 years, and fine, or caningMagistrate’s Court or District Court377BK(2)Possession of or gaining access to child abuse materialMay arrest without warrantWarrantNot bailableImprisonment for 5 years, and fine, or caningMagistrate’s Court or District Court377BL(2)Exploitation by abusive material of minor of or above 16 but below 18 years of age by using, causing or procuring minor in production of abusive materialMay arrest without warrantWarrantNot bailableImprisonment for 10 years, and fine, or caningDistrict Court377BL(3)Exploitation by producing abusive material of minorMay arrest without warrantWarrantNot bailableImprisonment for 10 years, and fine, or caningDistrict Court377BL(4)Exploitation by distributing or sale of abusive material of minorMay arrest without warrantWarrantNot bailableImprisonment for 7 years, and fine, or caningDistrict Court”;
(zzg)by deleting the word “wandering” under the second column in the item relating to section 401;
(zzh)by deleting the words “by a carrier, wharfinger, etc.” under the second column in the item relating to section 407 and substituting the words “of property entrusted for purposes of transportation or storage”;
(zzi)by deleting the words “a clerk or servant” under the second column in the item relating to section 408 and substituting the word “employees”;
(zzj)by deleting the words “or agent” under the second column in the item relating to section 409 and substituting the words “, agent, director, officer”;
(zzk)by deleting the words “for life, or imprisonment” under the sixth column in the item relating to section 409;
(zzl)by deleting the words “Dishonestly receiving” under the second column in the item relating to section 411(1) and substituting the word “Receiving”;
(zzm)by deleting the item relating to section 412 and substituting the following item:“412Receiving property stolen in the commission of gang-robberyMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and fineDistrict Court”;
(zzn)by inserting the words “District Court” in the seventh column of the item relating to section 413;
(zzo)by inserting, immediately after the item relating to section 414(2), the following item:“416A(5)Illegally obtained personal informationMay arrest without warrantWarrantNot bailableImprisonment for 3 years, or fine*, or bothMagistrate’s Court or District Court”;
(zzp)by inserting, immediately after the item relating to section 420, the following item:“420AObtaining services dishonestly or fraudulentlyMay arrest without warrantWarrantNot bailableImprisonment for 10 years, or fine, or bothMagistrate’s Court or District Court”;
(zzq)by inserting, immediately after the item relating to section 424, the following item:“424A(3)Fraud by false representation, non‑disclosure or abuse of position not connected with contracts for goods or servicesMay arrest without warrantWarrantNot bailableImprisonment for 20 years, or fine, or bothMagistrate’s Court or District Court”;
(zzr)by inserting, immediately after the item relating to section 424A(3), the following item:“424B(3)Fraud by false representation, non‑disclosure or abuse of position — where otherwiseShall not arrest without warrantWarrantNot bailableImprisonment for 20 years, or fine, or bothMagistrate’s Court or District Court”;
(zzs)by deleting the words “one year” under the sixth column in the item relating to section 426 and substituting the words “2 years”;
(zzt)by deleting the words “damage to the amount of $500 or upwards” under the second column in the item relating to section 427 and substituting the words “disruption to key service, etc.”;
(zzu)by deleting the words “2 years” under the sixth column in the item relating to section 427 and substituting the words “10 years”;
(zzv)by deleting the items relating to sections 430 to 434;
(zzw)by deleting the word “House-trespass” under the second column in the items relating to sections 448, 449, 450, 451 (first item) and 452 and substituting in each case the word “House‑breaking”;
(zzx)by deleting the words “one year, or fine*” under the sixth column in the item relating to section 448 and substituting the words “3 years, or fine”;
(zzy)by deleting the words “10 years” under the sixth column in the items relating to sections 449 and 450 and substituting in each case the words “15 years”;
(zzz)by deleting the words “2 years” under the sixth column in the first item relating to section 451 and substituting the words “10 years”;
(zzza)by deleting the second item relating to section 451;
(zzzb)by deleting the word “Ditto” under the sixth column in the item relating to section 452 and substituting the words “Imprisonment for 10 years, and fine, or caning”;
(zzzc)by deleting the items relating to sections 453 to 458 and substituting the following item:“453Possession of house‑breaking implements or offensive weaponsMay arrest without warrantWarrantBailableImprisonment for 2 years, or fine, or both and forfeiture of any instrument or article found in the possession of that personMagistrate’s Court or District Court”;
(zzzd)by deleting the item relating to section 458A and substituting the following item:“458ACommitting an offence under section 449, 450, 451 or 452 subsequent to having been convicted of an offence under section 449, 450, 451 or 452May arrest without warrantWarrantNot bailableCaning in addition to the punishment prescribed for the offenceDistrict Court”;
(zzze)by deleting the words “lurking house‑trespass or” under the second column in the item relating to section 459;
(zzzf)by deleting the words “by night, etc.” under the second column in the item relating to section 460;
(zzzg)by deleting the words “Currency notes” in the sub‑heading immediately above the item relating to section 489A and substituting the word “Currency”;
(zzzh)by deleting the words “currency notes” under the second column in the items relating to sections 489A, 489B, 489C and 489D and substituting in each case the word “currency”;
(zzzi)by inserting the words “District Court” in the seventh column of the items relating to sections 489A, 489B, 489C and 489D;
(zzzj)by inserting, immediately after the words “Imprisonment for 15 years” under the sixth column in the item relating to section 489C, the words “, and fine”;
(zzzk)by inserting, immediately after the item relating to section 489D, the following items:“489EAbetting in Singapore counterfeiting of currency out of SingaporeMay arrest without warrantWarrantNot bailableThe punishment provided for abetting the counterfeiting of such currency within SingaporeDistrict Court489FFraudulently or dishonestly diminishing weight or altering composition of coinMay arrest without warrantWarrantNot bailableImprisonment for 7 years, and fineDistrict Court489GAltering appearance of currency with intent that it passes as currency of different descriptionMay arrest without warrantWarrantNot bailableImprisonment for 7 years, and fineDistrict Court489HDelivering to another of altered currencyMay arrest without warrantWarrantNot bailableImprisonment for 10 years, and fineDistrict Court489IPossession of altered currencyMay arrest without warrantWarrantNot bailableImprisonment for 5 years, and fineMagistrate’s Court or District Court”;
(zzzl)by deleting the heading “CHAPTER XX — OFFENCES RELATING TO MARRIAGE” and the items relating to sections 493 to 496;
(zzzm)by deleting the items relating to sections 508 and 509; and
(zzzn)by deleting both items relating to section 511 and substituting the following items:“512(1)Attempting (where no express provision is made by the Penal Code or by other written law) to commit offences punishable with death or imprisonment for lifeMay arrest without warrantWarrantNot bailableImprisonment for 20 years, and fine, or caning 512(2)If the attempted offence is punishable with any punishment or combination of punishments other than death or imprisonment for lifeAccording as to whether the offence is one in respect of which the police may arrest without warrant or notAccording as to whether the offence is one in respect of which a summons or warrant shall ordinarily issueAccording as to whether the offence attempted is bailable or notThe punishment provided for the offence, except that the court is not bound to impose any specified minimum sentence or mandatory minimum sentence of imprisonment, or fine or caningThe court by which the offence attempted is triable”.
(3)
Part I of the Fourth Schedule to the Criminal Procedure Code is amended —
by deleting item 9;
by inserting, immediately after item 21, the following item:“21A.334AVoluntarily causing hurt on grave and sudden provocation which causes grievous hurtCompoundable by the person hurt”;
by inserting, immediately after item 33, the following items:“33A.377BAWord or gesture intended to insult modesty of any personCompoundable by the person insulted33B.377BB(1) read with 377BB(7)Voyeurism by intentional observation of another personCompoundable by the person of or above 14 years of age whose private act was observed33C.377BF(1) read with 377BF(3)Sexual exposureCompoundable by the person of or above 14 years of age to whom the offender’s genitals were exposed”;
by deleting items 35, 37 and 43; and
by deleting items 44 and 45 and substituting the following items:“44.512(1)Attempting (where no express provision made by the Penal Code or by other written law) to commit offences punishable with death or imprisonment for lifeCompoundable by the victim if this Code or any other written law under which the attempted offence is committed provides for the attempted offence to be compoundable by the victim45.512(2)Where the attempted offence in section 512(1) is not an offence punishable with death or life imprisonmentCompoundable by the victim if this Code or any other written law under which the attempted offence is committed provides for the attempted offence to be compoundable by the victim”.