Singapore legislation
Clause 7
Clause 7
Repeal and re-enactment of sections 23, 24 and 25
Sections 23, 24 and 25 of the Penal Code are repealed and the following sections substituted therefor:““Wrongful gain” and “wrongful loss”23.—
A “wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled or avoidance by unlawful means of a loss of property to which the person avoiding it is not legally entitled to avoid.(2) A “wrongful loss” is loss or exposure of risk to a loss by unlawful means of property to which the person losing it or exposed to the risk of losing it is legally entitled.Explanation 1.—A person is said to gain wrongfully when the person retains wrongfully, as well as when the person acquires wrongfully. A person is said to lose wrongfully when the person is wrongfully kept out of any property, as well as when the person is wrongfully deprived of property.Explanation 2.—The word “gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have.Explanation 3.—The word “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has. “Dishonestly”
24. A person (A) is said to do an act dishonestly if —
A does that act with the intention of causing wrongful gain to A or another person, or wrongful loss to another person, regardless of whether such gain or loss is temporary or permanent; or
that act done by A is dishonest by the ordinary standards of reasonable and honest persons and A knows that that act is dishonest by such standards. “Fraudulently”
25. A person (A) is said to do an act fraudulently if A does that act with intent to deceive another person (B) and by means of such deception, that an advantage should accrue to A or another person or detriment should befall B or another person (other than A), regardless of whether such advantage or detriment is temporary or permanent.Explanation 1.—Where the advantage or the detriment A intended by means of the act done is so slight that no reasonable person of ordinary sense or temper would complain of it, the act is not done fraudulently.Explanation 2.—It is sufficient in any charge for an offence under this Code involving doing an act fraudulently to allege a general intent to act fraudulently without naming any particular person intended to be deceived.”.