Is Penal Code 1871 still in force?

Yes — Penal Code 1871 is currently in force.

When did Penal Code 1871 take effect?

Penal Code 1871 was first recorded in 1871.

How many sections does Penal Code 1871 have?

Penal Code 1871 contains 597 sections.

What amends Penal Code 1871?

Penal Code 1871 has been amended by Act 15 of 2019, Act 51 of 2007, Act 23 of 1984, Act 62 of 1973, and Act 32 of 1980, and 9 others.

Where can I read the official version of Penal Code 1871?

The official text of Penal Code 1871 is published at sso.agc.gov.sg.

/akn/sg/act/act/1871/PC

Penal Code 1871

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Type: Act
Status: In force
Enacted: 1871
Last amended: 2020
Sections: 597

Quick answer

About this act

Penal Code 1871 is Singapore Act, cited as Act PC 1871, currently marked in force and first recorded in 1871.

Section 96

Nothing done in private defence is an offence

Nothing is an offence which is done in the exercise of the right of private defence.

Section 97

Right of private defence of the body and of property

Amended by15/2019

Every person has a right, subject to the restrictions contained in sections 98 and 106A, to defend —

(a)

his own body, and the body of any other person, against any offence affecting the human body;

(b)

the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

Section 98

Extent to which right may be exercised

Amended by15/201915/2019

(1)

The right of private defence does not extend to the inflicting of more harm than it is reasonably necessary in the circumstances.

Amended by15/2019

Start and continuance of right of private defence of body

Amended by15/201915/2019

(1)

The right of private defence of the body starts as soon as the defender reasonably believes that there is danger to the body (either his own or that of any other person) arising from any act which is an offence against the human body or an attempt or a threat to commit the offence, though the offence may not have been committed.

Amended by15/2019

(2)

The right of private defence continues as long as the belief of danger mentioned in subsection (1) continues.

Amended by15/2019

Section 102

When right of private defence of body extends to causing death

Amended by15/2019

The right of private defence of the body extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the assailant, if the offence which gives rise to the exercise of the right is of any of the following descriptions:

(a)

an assault where the defender reasonably believes that death will otherwise be the consequence of such assault;

(b)

an assault where the defender reasonably believes that grievous hurt will otherwise be the consequence of such assault;

(c)

an assault that the defender reasonably believes to be done with the intention of committing rape as described in section 375 or causing such rape to be committed;

(d)

an assault that the defender reasonably believes to be done with the intention of causing penile penetration of the vagina, anus or mouth as described in section 376(1) or (2);

(e)

an assault that the defender reasonably believes to be done with the intention of kidnapping or abducting;

(f)

an assault that the defender reasonably believes to be done with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to believe that he will be unable to have opportunity for recourse to a public authority for his release.

Section 103

When such right extends to causing any harm other than death

Amended by15/2019

If the offence is not of any of the descriptions mentioned in section 102, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the assailant of any harm other than death.

Section 104

Commencement and continuance of right of private defence of property

Amended by15/201915/201915/201915/201915/2019

(1)

The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence.

Amended by15/2019

(2)

The right of private defence of property against theft continues till —

(a)

the offender has effected his retreat with the property;

(b)

(b)

house-breaking committed after 7 p.m. and before 7 a.m. and if the wrongdoer —

(i)

effects his entrance into the house or any part of it in any of the 6 ways described in subsection (2); or

(ii)

being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, the wrongdoer leaves the house or any part of it in any of these 6 ways;

(c)

mischief by fire committed on any building, tent, container or vessel, which building, tent, container or vessel is used as a human dwelling, or as a place for the custody of property;

(d)

theft, mischief or house-breaking, under such circumstances where the defender reasonably believes that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

Amended by15/2019

(2)

For the purposes of subsection (1)(b), the 6 ways of entry or leaving by a wrongdoer are as follows:

(a)

if the wrongdoer enters or leaves through a passage made by the wrongdoer, or by any abettor of the house-breaking in order to commit the house‑breaking;

(b)

if the wrongdoer enters or leaves through any passage not intended by any person, other than the wrongdoer or an abettor of the offence, for human entrance, or through any passage to which the wrongdoer has obtained access by scaling or climbing over any wall or building;

(c)

if the wrongdoer enters or leaves through any passage which the wrongdoer or any abettor of the house-breaking has opened, in order to commit the house‑breaking, by any means by which that passage was not intended by the occupier of the house to be opened;

(d)

if the wrongdoer enters or leaves by opening any lock in order to commit the house-breaking, or in order to leave from the house after a house-breaking;

(e)

if the wrongdoer effects his entry or leaving by using criminal force or committing an assault, or by threatening any person with assault;

(f)

if the wrongdoer enters or leaves by any passage which he knows to have been fastened against such entry or leaving, and to have been unfastened by himself or by an abettor of the house-breaking.

Amended by15/2019

Section 106

When such right extends to causing any harm other than death

Amended by15/2019

If the offence, the committing or the attempt to commit of which occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions mentioned in section 105, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the wrongdoer of any harm other than death.

Section 106A

Acts against which there is no right of private defence

Amended by15/201915/2019

Counterfeiting a Government stamp

(1)

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Explanation.—A person who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination commits this offence.

(2)

if the act by which the death is caused is done with the intention of causing death;

(b)

if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;

(c)

if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or

(d)

if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid.Illustrations (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a knife-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death. (d) A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.When culpable homicide is not murder Exception 1.—Culpable homicide is not murder if the offender whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos:

(a)

that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person;

(b)

that the offender did not know and had no reason to believe that the provocation was given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant;

(c)

that the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation 1.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact, having regard to whether an ordinary person of the same gender and age as the offender, sharing such characteristics as would affect the gravity of the provocation and placed in the same situation as the offender, would be deprived of self-control by the provocation. Explanation 2.—Grave and sudden provocation may be in the form of words, gestures or conduct or any combination of words, gestures or conduct.Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder but merely culpable homicide. (c) A is lawfully arrested by Z, a police officer. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. (g) A and Z are married to each other. A loses self-control on Z’s provocation and intentionally kills Z soon after the provocation was given. Although the provocation, when viewed in isolation, would not amount to grave and sudden provocation, it was the last of a series of prolonged physical and mental abuse of A by Z. An ordinary person in A’s position would have lost self-control and have done what A did. A has committed only culpable homicide and not murder. Exception 2.—Culpable homicide is not murder if the offender, in the exercise of the right of private defence of person or property, exceeds the power given to him by law, and causes the death of the person against whom he is exercising such right of defence, without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence. Explanation.—The word “premeditation” means the offender’s intention, which was formed prior to the circumstances which gave rise to the act of private defence —

(a)

to cause death in section 300(a) or to cause such bodily injury as is mentioned in section 300(b) or (c); or

(b)

to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300(d). Exception 3.—Culpable homicide is not murder if the offender, being a public servant, or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant, and without ill will towards the person whose death is caused. Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and without the offender having taken undue advantage or acted in a cruel or unusual manner. The above exception is subject to the proviso that the offender did not know and had no reason to believe that the person whose death was caused was acting in obedience to the law, or was a public servant acting in the lawful exercise of the powers of such public servant. Explanation 1.—It is immaterial in such cases which party offers the provocation or commits the first assault. Explanation 2.—The word “fight” includes the exchange of blows even if the blows do not land on their target and includes a single blow or punch. Explanation 3.—The word “premeditation” means the offender’s intention, which was formed prior to the circumstances constituting the sudden fight —

(a)

to cause death in section 300(a) or to cause such bodily injury as is mentioned in section 300(b) or (c); or

(b)

to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300(d). Explanation 4.—A “quarrel” does not require a verbal exchange of words.Illustrations (a) A and Z, who are rival gang members, are in a coffee shop seated at different tables. They mutually stare at each other fiercely without exchanging any words. Z disengages from A by turning away and starts to leave the coffee shop. A sees a cutlery knife on his table which A had earlier used for A’s meal. A picks up the cutlery knife and stabs Z’s throat in the heat of passion. Z falls and dies almost immediately. Although there was a “sudden quarrel” without any exchange of words, Exception 4 does not apply because there was no “fight”, there being no exchange of blows or assault between A and Z. (b) A had a consensual sexual relationship with Z until Z terminated the relationship. A came to Z’s house and asked Z if Z would have sex with A. Z refused. A became angry and said A would use force, if necessary. A grappled with Z who resisted A’s advances and struck A’s face. Enraged by Z’s resistance, A slams Z into a wall, and Z slumps to the ground. While Z is motionless on the ground, A kicks Z’s head repeatedly and kills Z. Exception 4 does not apply because A had taken undue advantage of Z while Z was lying motionless on the ground. Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above 18 years of age, suffers death or takes the risk of death with his own consent.Illustration A and Z, both being persons above 18 years of age, decide to commit suicide together by drinking poison. With Z’s consent, A pours a lethal poison down Z’s throat but after watching Z die, A cannot summon the courage to drink the same poison. A has committed culpable homicide and not murder. Exception 6.—Culpable homicide is not murder if the offender being a woman voluntarily causes the death of her child being a child below 12 months of age, and at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child. Exception 7.—Culpable homicide is not murder if at the time of the acts or omissions causing the death concerned, the offender was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development or any inherent causes or induced by disease or injury) as substantially —

(a)

impaired the offender’s capacity —

(i)

to know the nature of the acts or omissions in causing the death or in being a party to causing the death; or

(ii)

to know whether such acts or omissions are wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to law); or

(b)

impaired the offender’s power to control his acts or omissions in causing the death or being a party to causing the death.

Section 301

Culpable homicide by causing the death of a person other than the person whose death was intended

Amended by15/201915/2019

(1)

If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Amended by15/2019

(2)

To avoid doubt, in the circumstances mentioned in subsection (1), the accused person may rely on any defence or exception in law as though the accused person had caused the death of the person whose death he intended or knew himself to be likely to cause.

Amended by15/2019

Section 302

Punishment for murder

Amended by32/201232/2012

(1)

Whoever commits murder within the meaning of section 300(a) shall be punished with death.

Amended by32/2012

(2)

Whoever commits murder within the meaning of section 300(b), (c) or (d) shall be punished with death or imprisonment for life and shall, if he is not punished with death, also be liable to caning.

Amended by32/2012

Section 304

Punishment for culpable homicide not amounting to murder

Amended by32/201215/2019

Whoever commits culpable homicide not amounting to murder shall —

(a)

if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, be punished with —

(i)

imprisonment for life, and shall also be liable to caning; or

(ii)

imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; or

(b)

if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death, be punished with imprisonment for a term which may extend to 15 years, or with fine, or with caning, or with any combination of such punishments.

Section 304A

Causing death by rash or negligent act

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished —

(a)

in the case of a rash act, with imprisonment for a term which may extend to 5 years, or with fine, or with both; or

(b)

in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 304B

Causing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuse

Amended by15/201915/2019

(1)

A relevant person who causes the death of any child, domestic worker or vulnerable person by sustained abuse shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

Amended by15/2019

(2)

In this section —

Amended by15/2019

Definition

“child” means a person below 14 years of age;

Definition

“domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4);

Definition

“neglect” means the failure by a relevant person to provide any or adequate essential care (such as but not limited to food, clothing, medical aid, lodging and other necessities of life) to the extent of causing personal injury or physical pain to, or injury to the physical health of any child, domestic worker or vulnerable person;

Definition

“relevant person” means —

(a)

in the case of a child, a person who has custody, charge or care of the child;

(b)

in the case of a domestic worker, the employer of the domestic worker, a member of the employer’s household or the employment agent of the domestic worker; and

(c)

in the case of a vulnerable person, a person who has custody, charge or care of the vulnerable person;

Definition

“sustained abuse” means a course of conduct which consists of voluntarily causing hurt or knowingly causing neglect, or both, of a child, domestic worker or vulnerable person on —

(a)

2 or more occasions; or

(b)

a single occasion if the conduct is protracted;

Definition

“vulnerable person” has the meaning given by section 74A(5).

Amended by15/2019

Section 304C

Causing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household

Amended by15/201915/201915/201915/201915/2019

(1)

A person (A) shall be guilty of an offence if —

(a)

a person below 14 years of age, a domestic worker or a vulnerable person (B) dies as a result of the unlawful act of a person who —

(i)

was a member of the same household as B; and

(ii)

had frequent contact with B;

(b)

A was a member of the same household as B, and had frequent contact with B at the time of that act;

(c)

at that time there was a significant risk of grievous hurt being caused to B by the unlawful act of such a person; and

(d)

either A was the person whose act caused B’s death or —

(i)

A was, or ought to have been, aware of the significant risk mentioned in paragraph (c);

(ii)

A failed to take such steps as A could reasonably have been expected to take to protect B from the significant risk; and

(iii)

the unlawful act occurred in circumstances of the kind that A foresaw or ought to have foreseen.

Amended by15/2019

(2)

The prosecution does not have to prove whether it is the first alternative element in subsection (1)(d) or the second alternative element (sub‑paragraphs (i), (ii) and (iii) of subsection (1)(d)) that applies.

Amended by15/2019

(3)

A is not guilty of an offence under this section if A could not have been expected in A’s circumstances to take any such step as is mentioned in subsection (1)(d)(ii).

Amended by15/2019

(4)

Any person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

Amended by15/2019

(5)

For the purposes of this section —

(a)

a person is to be regarded as a “member” of a particular household, even if that person does not live in that household, if that person visits it so often and for such periods of time that it is reasonable to regard him as a member of the particular household;

(b)

where B lived in different households at different times, “the same household as B” refers to the household in which B was living at the time of the act that caused B’s death;

(c)

an “unlawful” act, other than an act by A, is one that constitutes an offence or would constitute an offence but for being the act of —

(i)

a person below the age specified in section 82;

(ii)

a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act;

(iii)

a person entitled to rely on a defence of unsoundness of mind;

(iv)

a person entitled to rely on a defence of intoxication; or

(v)

Section 308A

Causing death in furtherance of group’s object

Amended by15/201915/201915/2019

(1)

Any person shall be guilty of an offence who is or acts as a member of a group —

(a)

knowing that the common object of the members of the group is to commit an offence under this Code or any written law;

(b)

knowing that —

(i)

death or grievous hurt is likely to be caused in furtherance of the group’s common object; or

(ii)

a deadly weapon, or anything which, used as a weapon of offence, is likely to cause death, is to be used in any manner against another person in the furtherance of that common object; and

(c)

the death of a person was caused in furtherance of the group’s common object.Illustration Three members of a group including A decide to rob a neighbourhood shop. The group leader, B brings a sharp knife but B reassures A that the knife is only to be used to threaten the shopkeeper, C, and not to harm C. A believes B and takes part in the robbery. C however refuses to surrender his cash to the group. B then stabs C with the knife and C dies from his stab wounds. A is guilty of an offence under this section because A knew that the knife was to be used to threaten another person, C, in furtherance of the group’s common object to commit robbery.

Amended by15/2019

(2)

A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for life or imprisonment for a term which may extend to 20 years, and shall also be liable to caning.

Amended by15/2019

(3)

In subsection (1), “group” has the meaning given by section 2(1) of the Organised Crime Act 2015.

Amended by15/2019

Section 308B

Concealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutions

Amended by15/201915/201915/2019

(1)

A person shall be guilty of an offence who intentionally or knowingly conceals, desecrates or disposes of a human corpse and by such act impedes or prevents —

(a)

the discovery or identification of a human corpse; or

(b)

the detection, investigation or prosecution of an offence under this Code or any other written law.

Amended by15/2019

(2)

A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 7 years.

Amended by15/2019

(3)

In this section, “desecrate”, in relation to a human corpse, includes any act committed after the death of a living person including but not limited to dismemberment, disfigurement, mutilation, burning, or any act committed to cause the human corpse in whole or in part to be devoured, scattered or dissipated.

Amended by15/2019

Section 309

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 310

Infanticide

Amended by15/2019

When any woman by any intentional act or omission causes the death of her child being a child below 12 months of age, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of the offence of infanticide.

Section 311

Punishment for infanticide

Amended by15/2019

Whoever commits the offence of infanticide shall be punished at the discretion of the court with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

Section 312

Causing miscarriage

Amended by15/2019

Subject to the provisions of the Termination of Pregnancy Act 1974, whoever voluntarily causes a woman with child to miscarry, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the woman’s pregnancy is of more than 16 weeks’ duration as calculated in accordance with section 4 of that Act, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. Explanation.— A woman who causes herself to miscarry is within the meaning of this section.

Section 313

Causing miscarriage without woman’s consent

Amended by15/2019

Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman’s pregnancy is of more than 16 weeks’ duration or not as mentioned in that section, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

Section 314

Death caused by act done with intent to cause miscarriage

Subject to the provisions of the Termination of Pregnancy Act 1974, whoever with intent to cause the miscarriage of a woman with child does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above‑mentioned. Explanation.— It is not essential to this offence that the offender should know that the act is likely to cause death.

Section 315

Child destruction before, at or immediately after birth

Amended by15/2019

(1)

Subject to the provisions of the Termination of Pregnancy Act 1974, whoever, with intent to destroy the life of a child capable of being born alive, by any intentional act causes a child to die before it has an existence independent of its mother or by such act causes the child to die after its birth, shall, unless such act is immediately necessary to save the life of the mother, be punished with imprisonment for a term not exceeding 10 years, or with fine, or with both.

Amended by15/2019

(2)

For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of 28 weeks or more shall be prima facie evidence that she was at that time pregnant of a child capable of being born alive.

Section 316

Causing death of a quick unborn child by an act amounting to culpable homicide

Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

Section 317

Exposure and abandonment of a child below 12 years of age by parent or person having care of it

Whoever, being the father or mother of a child below 12 years of age, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. Explanation.— This section is not intended to prevent the trial of the offender for murder or culpable homicide as the case may be, if the child dies in consequence of the exposure.

Section 318

Concealment of birth by secret disposal of dead body

Whoever by secretly burying or otherwise disposing of the dead body of a child, whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 319

Hurt

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. Explanation.— A person is said to cause hurt if he causes another person to be unconscious.

Section 320

Grievous hurt

The following kinds of hurt only are designated as “grievous”:

(a)

emasculation;

(aa)death;

(b)

permanent privation of the sight of either eye;

(c)

permanent privation of the hearing of either ear;

(d)

privation of any member or joint;

(e)

destruction or permanent impairing of the powers of any member or joint;

(f)

permanent disfiguration of the head or face;

(g)

fracture or dislocation of a bone;

(h)

any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits;

(i)

penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain.

Section 321

Voluntarily causing hurt

Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

Voluntarily causing hurt to extort property or to constrain to an illegal act

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 328

Causing hurt by means of poison, etc., with intent to commit an offence

Amended by15/2019

Whoever administers to, or causes to be taken by, any person any poison or any stupefying or intoxicating substance, or any substance which is harmful to the human body to inhale, swallow or receive into the blood, with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

A person (A) shall be guilty of an offence if —

(a)

a domestic worker (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C);

(b)

A knew or had reason to believe that B was at risk of such neglect, hurt, grievous hurt, sexual abuse or injury caused by C;

(c)

A was at the time of the risk mentioned in paragraph (b) the employer of B, a member of B’s employer’s household or an employment agent of B;

(d)

A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and

(e)

the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.

Amended by15/2019

(2)

A person (A) shall be guilty of an offence if —

(a)

a vulnerable person (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C);

(b)

A knew or had reason to believe that B was at risk of neglect, hurt, grievous hurt, sexual abuse or injury caused by C;

(c)

A had, at the time of the risk mentioned in paragraph (b), the custody, charge or care of B;

(d)

A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and

(e)

the act occurred in circumstances of the kind that A foresaw or ought to have foreseen.

Amended by15/2019

(3)

For the purposes of this section, “unlawful act”, other than an act by A, is one that constitutes an offence that causes neglect, hurt, grievous hurt or sexual abuse to B or injury to B’s mental health or would constitute such an offence but for being the act of —

(a)

a person below the age specified in section 82;

(b)

a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act;

(c)

a person entitled to rely on a defence of unsoundness of mind;

(d)

a person entitled to rely on a defence of intoxication; or

(e)

a person entitled to rely on a defence of mistake of fact.

Amended by15/2019

(4)

A’s circumstances mentioned in subsections (1)(d) and (2)(d), include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by C.

Amended by15/2019

(5)

Any person who is guilty of an offence under subsection (1) or (2) shall on conviction —

(a)

in the case where death is caused to the domestic worker or vulnerable person, be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $20,000, or with both; and

(b)

in any other case, be punished with imprisonment for a term which may extend to 4 years, or with fine which may extend to $4,000, or with both.

Amended by15/2019

(6)

In this section —

Amended by15/2019

Definition

“domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4);

Definition

“neglect” has the meaning given by section 304B(2);

Definition

“sexual abuse” means abuse caused to a victim by the commission of a sexual offence within the meaning of section 2(1) of the Criminal Procedure Code 2010;

Definition

“vulnerable person” has the meaning given by section 74A(5).

Amended by15/2019

Section 335B

Punishment for act which endangers life or personal safety of others with knowledge or belief that it is likely to cause death

Amended by15/2019

Whoever does any act, that endangers human life or the personal safety of others, knowing or believing that such act is likely to cause death, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Section 336

Punishment for act which endangers life or the personal safety of others

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —

(a)

in the case of a rash act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both; or

(b)

in the case of a negligent act, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.

Section 337

Causing hurt by an act which endangers life or the personal safety of others

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —

(a)

in the case of a rash act, with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; or

(b)

in the case of a negligent act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.

Section 338

Causing grievous hurt by an act which endangers life or the personal safety of others

Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —

(a)

in the case of a rash act, with imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both; or

(b)

in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both.

Section 339

Wrongful restraint

Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.Illustration A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

Section 340

Wrongful confinement

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.Illustrations (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

Section 341

Punishment for wrongful restraint

Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both.

Section 342

Punishment for wrongful confinement

Amended by15/2019

Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 343

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 344

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 345

Wrongful confinement of person for whose liberation a writ has been issued

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any term of imprisonment to which he may be liable under any other section of this Code.

Section 346

Wrongful confinement in secret

Whoever wrongfully confines any person in such a manner as to indicate an intention that the confinement of that person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any other punishment to which he may be liable for such wrongful confinement.

Section 347

Wrongful confinement for the purpose of extorting property or constraining to an illegal act

Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Section 348

Wrongful confinement for the purpose of extorting confession or of compelling restoration of property

Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Section 349

Force

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling:Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following 3 ways:

(a)

by his own bodily power;

(b)

by disposing any substance in such a manner that the motion, or change or cessation of motion, takes place without any further act on his part, or on the part of any other person;

(c)

by inducing any animal to move, to change its motion, or to cease to move.

Section 350

Criminal force

Whoever intentionally uses force to any person, without that person’s consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause, or knowing it to be likely that by the use of such force he will illegally cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.Illustrations (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to cause the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding a horse. A lashes Z’s horse, and thereby causes it to quicken its pace. Here A has caused change of motion to Z by inducing the horse to change its motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding a horse. A, intending to cause hurt to Z, seizes the horse and stops it. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally without Z’s consent, in order to cause the commission of an offence, A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes, or something carried by Z. Here if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he has done so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force to Z. (h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.

Section 351

Assault

Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation.— Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.Illustrations (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault.

Section 352

Punishment for using criminal force otherwise than on grave and sudden provocation

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both. Explanation.—Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or if the provocation is given by anything done in obedience to the law or by a public servant in the lawful exercise of the powers of such public servant; or if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Section 353

Using criminal force to deter a public servant from discharge of his duty

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both.

Section 354

Assault or use of criminal force to a person with intent to outrage modesty

(1)

Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments.

(2)

Whoever commits an offence under subsection (1) against any person below 14 years of age shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.

Section 354A

Outraging modesty in certain circumstances

(1)

Whoever, in order to commit or to facilitate the commission of an offence against any person under section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.

(2)

Whoever commits an offence under subsection (1) —

(a)

in a lift in any building; or

(b)

against any person below 14 years of age,shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and with caning.

Section 355

Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 356

Assault or criminal force in committing or attempting to commit theft of property carried by a person

Whoever assaults or uses criminal force on any person, in committing or attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term of not less than one year and not more than 7 years, and shall also be liable to caning.

Section 357

Assault or criminal force in attempting wrongfully to confine a person

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both.

Section 358

Assaulting or using criminal force on grave and sudden provocation

Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both. Explanation.—This section is subject to the same explanation as section 352.

Section 359

Kidnapping

Kidnapping is of 2 kinds: kidnapping from Singapore, and kidnapping from lawful guardianship.

Section 360

Kidnapping from Singapore

Whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Singapore.

Section 361

Kidnapping from lawful guardianship

Amended by15/2019

Whoever takes or entices any minor below 16 years of age, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

Section 362

Abduction

Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person.

Section 363

Punishment for kidnapping

Whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 363A

Punishment for abduction

Amended by51/2007

Whoever abducts any person shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments.

Section 364

Kidnapping or abducting in order to murder

Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning.Illustrations (a) A kidnaps Z from Singapore, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

Section 364A

Repealed / deleted

[Repealed by Act 19 of 2010]

Section 365

Kidnapping or abducting with intent secretly and wrongfully to confine a person

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 366

Kidnapping or abducting a woman to compel her marriage, etc.

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 367

Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.

Amended by15/2019

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non‑consensual penile penetration of the anus or mouth, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 368

Wrongfully concealing or keeping in confinement a kidnapped person

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or keeps such person in confinement, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement.

Section 369

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 370

Buying or disposing of any person as a slave

Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Section 371

Habitual dealing in slaves

Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.

Section 372

Selling minor for purposes of prostitution, etc.

Whoever sells, lets to hire, or otherwise disposes of any person below 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Explanation.—When a female below 21 years of age is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

Section 373

Buying minor for purposes of prostitution, etc.

Whoever buys, hires or otherwise obtains possession of any person below 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Explanation.—Any prostitute, or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female below 21 years of age shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

Section 373A

Importing woman for purposes of prostitution, etc.

Whoever —

(a)

by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Singapore any woman with intent that such woman may be employed or used for the purpose of prostitution;

(b)

brings, or assists in bringing, into Singapore any woman with intent that such woman may be sold or bought for the purpose of prostitution; or

(c)

sells or buys any woman for the purpose of prostitution,shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.

Section 374

Unlawful compulsory labour

Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 375

Rape

Amended by15/201915/201915/201915/201915/2019

(1)

Any man who penetrates the vagina of a woman with his penis —

(a)

without her consent; or

(b)

with or without her consent, when she is below 14 years of age,shall be guilty of an offence.

(1A)

Any man (A) who penetrates, with A’s penis, the anus or mouth of another person (B) —

(a)

without B’s consent; or

(b)

with or without B’s consent, when B is below 14 years of age,shall be guilty of an offence.

Amended by15/2019

(2)

Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(3)

Whoever —

(a)

in order to commit or to facilitate the commission of an offence under subsection (1) or (1A) —

(i)

voluntarily causes hurt to any person; or

(ii)

puts a person in fear of death or hurt to that person or any other person;

(b)

commits an offence under subsection (1) or (1A) against a person below 14 years of age without that person’s consent; or

(c)

(b)

with or without B’s consent, when B is below 14 years of age,shall be guilty of an offence.

Amended by15/2019

(2)

Any person (A) who —

(a)

sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B);

(b)

causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(c)

causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B,shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration.

Amended by15/2019

(3)

Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(4)

Whoever —

(a)

in order to commit or to facilitate the commission of an offence under subsection (1) or (2) —

(i)

voluntarily causes hurt to any person; or

(ii)

puts any person in fear of death or hurt to himself or any other person;

(b)

commits an offence under subsection (1) or (2) against a person below 14 years of age without that person’s consent; or

(c)

commits an offence under subsection (1) or (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person,shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

Amended by15/2019

(5)

No person shall be guilty of an offence under subsection (1) or (2) —

(a)

for an act of penetration against his or her spouse with the consent of that spouse; or

(b)

if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age.

Amended by15/2019

(6)

No man shall be punished under subsection (4)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent.

Amended by15/2019

Section 376A

Sexual penetration of minor below 16 years of age

Amended by15/201915/201915/201915/2019

(1)

Any person (A) who —

(a)

penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person below 16 years of age (B);

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of a person below 16 years of age (B);

(c)

causes a man below 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

Any person (A) who is in a relationship that is exploitative of a person of or above 16 years of age but below 18 years of age (B) shall be guilty of an offence if A —

(a)

penetrates, with A’s penis, if A is a man, the vagina, anus or mouth, as the case may be, of B;

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of B;

(c)

causes B, if a man, to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(d)

causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of any person including A or B.

Amended by15/2019

(2)

For the purposes of subsection (1) —

(a)

it is not necessary for the prosecution to prove that B did or did not consent to the act mentioned in that subsection; and

(b)

to avoid doubt, it is not a defence that B did consent to that act.

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.

Amended by15/2019

Section 376B

Commercial sex with minor below 18 years of age

Amended by15/2019

(1)

Any person who obtains for consideration the sexual services of a person, who is below 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

(2)

Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is below 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3)

No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse.

(4)

In this section, “sexual services” means any sexual services involving —

(a)

sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else;

(b)

penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis; or

(c)

touching which is sexual of another person or of himself or herself.

Amended by15/2019

Section 376C

Commercial sex with minor below 18 years of age outside Singapore

Amended by15/201915/201915/2019

(1)

Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.

(1A)

To avoid doubt, any person (A) who does in Singapore, any act involving a person below 18 years of age (B) who is outside Singapore, that would if B were in Singapore constitute an offence under section 376B, shall be guilty of an offence.

Amended by15/2019

(1B)

Any person who does outside Singapore, any act involving a person below 18 years of age who is in Singapore, that would if done in Singapore constitute an offence under section 376B, shall be guilty of an offence.

Amended by15/2019

(2)

A person who is guilty of an offence under this section shall be punished with the same punishment with which he would have been punished had he been convicted of an offence under section 376B.

Amended by15/2019

Section 376D

Tour outside Singapore for commercial sex with minor below 18 years of age

(1)

Any person who —

(a)

makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person;

(b)

transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or

(c)

prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct,shall be guilty of an offence.

(2)

For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication.

(3)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Section 376E

Sexual grooming of minor below 16 years of age

Amended by15/201915/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —

(a)

A intentionally meets B or travels with the intention of meeting B or B travels to attend a meeting with A which A has either initiated or agreed to whether expressly or by implication; and

(b)

at the time of the acts referred to in paragraph (a) —

(i)

A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;

(ii)

B is below 16 years of age; and

(iii)

A does not reasonably believe that B is of or above 16 years of age.

Amended by15/2019

(2)

In subsection (1), “relevant offence” means an offence under —

(a)

section 355, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376EB, 376ED, 376F, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BF, 377BG or 377BH;

(b)

section 8 of the Children and Young Persons Act 1993; or

(c)

section 140(1) of the Women’s Charter 1961.

Amended by15/2019

(3)

For the purposes of this section, it is immaterial whether the previous occasion of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.

Amended by15/2019

(4)

A person who is guilty of an offence under this section shall on conviction —

(a)

in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both; or

(b)

in any other case, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Amended by15/2019

Section 376EA

Exploitative sexual grooming of minor of or above 16 but below 18 years of age

Amended by15/201915/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —

(a)

A intentionally meets B or travels with the intention of meeting B or B travels to attend a meeting with A which A has either initiated or agreed to whether expressly or by implication; and

(b)

at the time of the acts mentioned in paragraph (a) —

(i)

A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;

(ii)

B is of or above 16 but below 18 years of age;

(iii)

A does not reasonably believe that B is of or above 18 years of age; and

(iv)

A is in a relationship that is exploitative of B.

Amended by15/2019

(2)

In subsection (1), “relevant offence” means an offence under —

(a)

section 354, 354A, 355, 372, 373, 373A, 375, 376, 376AA, 376B, 376C, 376EC, 376EE, 376F, 376G, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BF or 377BL; or

(b)

section 140(1) of the Women’s Charter 1961.

Amended by15/2019

(3)

For the purposes of this section, it is immaterial whether the previous occasion of A having met or communicated with B mentioned in subsection (1) took place in or outside Singapore.

Amended by15/2019

(4)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Amended by15/2019

Section 376EB

Sexual communication with minor below 16 years of age

Amended by15/201915/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B;

(b)

the communication is sexual;

(c)

at the time of the communication, B is below 16 years of age; and

(d)

A does not reasonably believe that B is of or above 16 years of age.

Amended by15/2019

(2)

For the purposes of this section, it is immaterial —

(a)

whether B replied or responded to A’s communication mentioned in subsection (1); and

(b)

whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication.

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall —

(a)

(b)

in any other case, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Amended by15/2019

(4)

No person shall be guilty of an offence under this section for any communication with his or her spouse with the consent of that spouse.

Amended by15/2019

Section 376EC

Exploitative sexual communication with minor of or above 16 but below 18 years of age

Amended by15/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B;

(b)

the communication is sexual;

(c)

at the time of the communication, B is of or above 16 but below 18 years of age;

(d)

A does not reasonably believe that B is of or above 18 years of age; and

(e)

B is in a relationship with A that is exploitative of B.

Amended by15/2019

(2)

For the purposes of this section, it is immaterial —

(a)

whether B replied or responded to A’s communication mentioned in subsection (1); and

(b)

whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication.

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Amended by15/2019

Section 376ED

Sexual activity or image in presence of minor below 16 years of age

Amended by15/201915/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity;

(b)

the activity is sexual;

(c)

A engages in the activity —

(i)

when B is present or is in a place from which A can be observed;

(ii)

when either A or B is or both are in Singapore; and

(iii)

knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it;

(d)

B is below 16 years of age; and

(e)

A does not reasonably believe that B is of or above 16 years of age.

Amended by15/2019

(2)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally causes B to observe an image;

(b)

the image is sexual;

(c)

B is below 16 years of age; (d)A does not reasonably believe that B is of or above 16 years of age; and

(e)

either A or B is or both are in Singapore.

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall —

(a)

(b)

in any other case, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Amended by15/2019

(4)

No person shall be guilty of an offence under this section against B if B is his or her spouse with the consent of that spouse.

Amended by15/2019

Section 376EE

Exploitative sexual activity or image in presence of minor of or above 16 but below 18 years of age

Amended by15/201915/201915/2019

(1)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity;

(b)

the activity is sexual;

(c)

A engages in the activity —

(i)

when B is present or is in a place from which A can be observed;

(ii)

when either A or B is or both are in Singapore; and

(iii)

knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it;

(d)

B is of or above 16 but below 18 years of age;

(e)

A does not reasonably believe that B is of or above 18 years of age; and

(f)

A is in a relationship with B that is exploitative of B.

Amended by15/2019

(2)

Any person of or above 18 years of age (A) shall be guilty of an offence if —

(a)

for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally causes B to observe an image;

(b)

the image is sexual;

(c)

B is of or above 16 but below 18 years of age;

(d)

A does not reasonably believe that B is of or above 18 years of age;

(e)

A is in a relationship with B that is exploitative of B; and

(f)

either A or B is or both are in Singapore.

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Amended by15/2019

Section 376F

Procurement of sexual activity with person with mental disability

Amended by15/201927/201827/201815/2019

(1)

Any person (A) shall be guilty of an offence if —

(a)

A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;

(b)

the touching is sexual and B consents to the touching;

(c)

A obtains B’s consent —

(i)

where B is not A’s spouse, by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; or

(ii)

where B is A’s spouse, by means of a threat made or a deception practised by A for that purpose;

(ca)B has a mental disability; and

(d)

A knows or could reasonably be expected to know that B has a mental disability.

Amended by15/2019

(2)

Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.

Amended by27/2018

(3)

If the touching involved —

(a)

penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or

(b)

penetration of the mouth with the penis,a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to a fine or to caning.

Amended by27/2018

(4)

[Deleted by Act 15 of 2019]

(5)

For the purposes of this section, “mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching.

Amended by15/2019

Section 376G

Incest

Amended by15/201915/201915/201915/201915/201915/2019

(1)

Any person (A) of or above 16 years of age who —

(a)

penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(b)

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

(c)

causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or

(d)

causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,knowing that B is a close family relative, shall be guilty of an offence.

Amended by15/2019

(2)

For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).

Amended by15/2019

(3)

A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.

Amended by15/2019

(4)

This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(1)(a) or (2) or 376AA(1).

Amended by15/2019

(5)

To avoid doubt —

(a)

it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and

(b)

it is not a defence that B did consent to that act.

Amended by15/2019

(6)

A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.

Amended by15/2019

Section 376H

Procurement of sexual activity by deception or false representation

Amended by15/201915/201915/2019

(1)

Any person (A) shall be guilty of an offence if —

(a)

A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;

(b)

the touching is sexual and B consents to the touching;

(c)

A fraudulently obtains B’s consent by means of deception or false representation practised or made by A for that purpose;

(d)

the deception or false representation mentioned in paragraph (c) relates to —

(i)

the use or manner of use of any sexually protective measure; or

(ii)

whether A or another person whom B is incited to touch is suffering from or is a carrier of a sexually transmitted disease; and

(e)

A knows or has reason to believe that the consent was given in consequence of such deception or false representation.

Amended by15/2019

(2)

A person who is guilty of an offence under subsection (1) shall —

(a)

in the case where the sexual touching mentioned in that subsection involved —

(i)

penetration of the vagina or anus (as the case may be) with a part of the body or anything else; or

(ii)

penetration of the mouth with the penis,be punished on conviction with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or any combination of such punishments; and

(b)

in any other case, be punished on conviction with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Amended by15/2019

(3)

For the purposes of subsection (1) —

(a)

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

(b)

a representation may be express or implied; and

(c)

a “sexually protective measure” means —

(i)

where B is female, a device, drug or medical procedure to prevent pregnancy or sexually transmitted diseases as a result of sexual intercourse; or

(ii)

where B is male, a device, drug or medical procedure to prevent sexually transmitted diseases as a result of sexual intercourse.

Amended by15/2019

Section 377

Sexual penetration of a corpse

(1)

Any man who penetrates, with his penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence.

(2)

A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

(3)

Any person (A) who causes any man (B) to penetrate with B’s penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence if B did not consent to the penetration.

(4)

A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

Section 377A

Outrages on decency

Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.

Section 377B

Sexual penetration with living animal

(1)

Any person (A) who —

(a)

penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or

(b)

causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal,shall be guilty of an offence.

(2)

A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3)

Any person (A) who —

(a)

causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or

(b)

causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal,shall be guilty of an offence if B did not consent to the penetration.

(4)

(a)

intentionally or knowingly distributes an image or recording of another person (B) without B’s consent to the distribution;

(b)

knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and

(c)

knows or has reason to believe that B does not consent to the distribution.

Amended by15/2019

(2)

Any person (A) shall be guilty of an offence who —

(a)

intentionally or knowingly has in his possession an image or recording of another person (B) for the purpose of distribution without B’s consent to the distribution;

(b)

knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and

(c)

knows or has reason to believe that B does not consent to the distribution.

Amended by15/2019

(3)

Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or any combination of such punishments.

Amended by15/2019

(4)

Where the image or recording in subsection (1) or (2) is of a person below 14 years of age, a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning.

Amended by15/2019

Section 377BD

Possession of or gaining access to voyeuristic or intimate image or recording

Amended by15/201915/201915/201915/2019

(1)

Any person shall be guilty of an offence who has in his possession or has gained access to an image or recording of another person and —

(a)

knows or has reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; or

(b)

knows or has reason to believe that —

(i)

the image or recording is an intimate image or recording as defined in section 377BE(5);

(ii)

the possession of or access to the image or recording was without the consent of the person depicted in the image or recording; and

(iii)

the possession of or access to the image or recording will or is likely to cause humiliation, alarm or distress to the person depicted in the image or recording.

Amended by15/2019

(2)

Subject to subsection (3), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Amended by15/2019

(3)

Where the image or recording mentioned in subsection (1)(a) is of a person below 14 years of age, a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine or to caning.

Amended by15/2019

(4)

For the purposes of subsection (1) —

(a)

a person has in his possession an image or recording of another person that is in electronic form if he controls access to the electronic image or recording, whether or not he has physical possession of the electronic image or recording; and

(b)

the ways in which a person gains access to an image or recording may include —

Amended by15/2019

(4)

A person who commits an offence under subsection (1) or (2) against a person (B) who is below 14 years of age shall on conviction be punished with imprisonment for a term which may extend to 5 years and shall also be liable to fine or to caning.

Amended by15/2019

(5)

In this section, “intimate image or recording”, in relation to a person (B) —

(a)

means an image or recording —

(i)

of B’s genital or anal region, whether bare or covered by underwear;

(ii)

of B’s breasts if B is female, whether bare or covered by underwear; or

A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Amended by15/2019

(3)

For the purposes of subsection (1) —

(a)

a person may have the care of a person below 16 years of age without necessarily being entitled by law to have the custody of the child;

(b)

the ways in which material is produced may include —

(i)

filming, printing, photographing, recording, drawing or otherwise generating material;

(ii)

altering or manipulating material; or

(iii)

reproducing or copying material; and

(c)

the ways in which a person may be used in the production of material include inviting or encouraging the person to be involved, or offering the person to be involved, in the production of the material.

Amended by15/2019

Section 377BH

Producing child abuse material

Amended by15/201915/201915/2019

(1)

Any person who intentionally produces child abuse material knowing or having reason to believe that the material is child abuse material shall be guilty of an offence.

Amended by15/2019

(2)

A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Amended by15/2019

(3)

For the purposes of subsection (1), the ways in which material is produced may include —

(a)

filming, printing, photographing, recording, writing, drawing or otherwise generating material;

(b)

altering or manipulating material; or

(c)

reproducing or copying material.

Amended by15/2019

Section 377BI

Distributing or selling child abuse material

Amended by15/201915/2019

(1)

Any person shall be guilty of an offence who —

(a)

distributes or sells or offers for sale child abuse material or has in the person’s possession child abuse material for the purpose of such distribution, sale or offer for sale; and

(b)

knows or has reason to believe that the material is child abuse material.

Amended by15/2019

(2)

Amended by15/2019

(4)

In subsection (1), “advertise”, in relation to child abuse material, includes —

(a)

For the purposes of this section —

(a)

the ways in which material is produced may include —

(i)

filming, printing, photographing, recording, writing, drawing or otherwise generating material;

(ii)

altering or manipulating material; or

(iii)

reproducing or copying material; and

(b)

Amended by15/2019

(6)

In this section, “abusive material”, in relation to B, means material that depicts —

(a)

an image of B —

(i)

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);

(ii)

as a victim of sexual abuse;

(iii)

engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

(iv)

Defences to child abuse material offences

Amended by15/201915/201915/201915/201915/201915/2019

(1)

It is a defence to a charge for an offence of having possession of or gaining access to child abuse material under section 377BK for the accused person to prove that the accused person —

(a)

did not intentionally come into possession of or gain access to child abuse material; and

(b)

on becoming aware of having come into possession of or gaining access to child abuse material, as soon as it was practicable to do so, took all reasonable steps in the circumstances to cease possession of or access to the material.

Amended by15/2019

(2)

It is a defence to a charge for an offence under sections 377BH to 377BK if —

(a)

the act that is alleged to constitute the offence was done for any of the following purposes without malice and with reasonable cause:

(i)

the prevention, detection, investigation or punishment of any offence;

(ii)

the conduct of contemplated or pending proceedings in any court or tribunal or to obtain evidence for the purpose of contemplating such proceedings;

(iii)

safety or national security; and

(b)

the child abuse material or the abusive material, as the case may be, was not kept for a period longer than what was reasonably necessary or required for the purposes mentioned in paragraph (a).

Amended by15/2019

(3)

It is a defence to a charge for an offence under sections 377BH to 377BK if the act that is alleged to constitute the offence —

(a)

has a legitimate purpose related to science, medicine, education or art; and

(b)

did not pose an undue risk of harm to any person below 16 years of age. Explanation.—An act has a legitimate purpose related to art which reasonable persons would regard as art.Illustrations (a) A university researcher has child abuse material in his possession for the purposes of studying the psychological effects of exposure to such material. The researcher’s possession of the child abuse material has a legitimate purpose. (b) A is a photo-journalist in a war zone. A takes a photo of a child victim of torture and submits this together with an article on the plight of such children to a news organisation for publication. The taking and sending of the photo has a legitimate purpose.

Amended by15/2019

(4)

It is a defence to a charge for an offence under sections 377BH to 377BK if —

(a)

the accused person (A) is below 16 years of age; and

(b)

the child abuse material that is alleged to constitute the offence is an image of A alone.Illustration A is 15 years old and takes a photo of herself alone posing in the nude. A stores the photo in her mobile phone. A has not committed the offence of producing or possessing child abuse material.

Amended by15/2019

(5)

To avoid doubt, it is not a defence to a charge for an offence relating to child abuse material under sections 377BG to 377BL that, at the time of the conduct constituting the offence, the accused was under a mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as being, in the circumstances, offensive.

Amended by15/2019

(6)

It is a defence to a charge for the following offences in circumstances where the offender (A) and the person below 16 years of age (B) are married and subject to the following respective conditions:

(a)

an offence under section 377BG(1) or 377BH(1) if the child abuse material —

(i)

involves only A and B in its production;

(ii)

depicts B only, A and B only, or A only if A is below 16 years of age; and

(iii)

was produced with B’s consent;

(b)

an offence under section 377BI if the distribution of the child abuse material —

(i)

occurs between A and B only;

(ii)

involves material depicting B only, A and B only, or A only if A is below 16 years of age; and

(iii)

was distributed with B’s consent;

(c)

an offence under section 377BJ(2) if the offer to acquire, buy, or gain access to the child abuse material —

(i)

occurs between A and B only; and

(ii)

involves material depicting B only, A and B only, or A only if A is below 16 years of age;

(d)

(i)

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);

(ii)

as a victim of sexual abuse;

(iii)

engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

(iv)

in the presence of another person who is engaged in, or apparently engaged in a sexual pose or sexual activity;

(b)

the genital or anal region of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a person below 16 years of age in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;

(c)

“vagina” includes vulva.

Amended by15/2019

(2)

For the purposes of the definition of “distribute” in subsection (1), a person is treated as having distributed an image or recording whether or not another person views or gains access to the image.

Amended by15/2019

(3)

In sections 375 to 377BO —

(a)

penetration is a continuing act from entry to withdrawal;

(b)

a reference to a part of the body includes a reference to a part which is surgically constructed (in particular, through a sex reassignment procedure);

(c)

for the purposes of identifying the sex of a person —

(i)

the sex of a person as stated in that person’s identity card issued under the National Registration Act 1965 at the time the sexual activity took place is prima facie evidence of the sex of that person; and

(ii)

a person who has undergone a sex reassignment procedure is identified as being of the sex to which that person has been reassigned;

(d)

penetration, touching, communication or other activity is “sexual” if —

(i)

because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or

(ii)

because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual;

(e)

In subsection (1) —

Amended by15/2019

Definition

failed to take all reasonable steps to verify that the minor was of or above 18 years of age. Explanation.—The fact that the minor was observed to be participating in activities which are restricted to persons of or above 18 years of age, such as smoking a cigarette or admission to premises with access restricted to persons of or above 18 years of age (such as a nightclub) is neither sufficient to constitute a reasonable basis for the mistaken belief nor reasonable steps to verify that minor’s age.

Amended by15/2019

(4)

In this section, “sexual offence” has the meaning given by section 377CB.

Amended by15/2019

Section 378

Theft

Amended by15/2019

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2.—A moving, effected by the same act which effects the severance, may be a theft. Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving, or by separating it from any other thing, as well as by actually moving it. Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which in consequence of the motion so caused is moved by that animal. Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Explanation 6.—A person may move property which is intangible or incorporeal by transferring the property from one account to another account or transferring the interests in the property from one person to another person or by extinguishing the property.Illustrations (a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree, in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A. (c) [Deleted by Act 51 of 2007] (d) A, being Z’s servant and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate without Z’s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not, therefore, be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the high road, not in the possession of any person. A by taking it commits no theft, though he may commit criminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. (i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. (k) Again, if A having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property, inasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. (m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book, without Z’s express consent, for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft. (n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z, her husband. Here, it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft. (o) A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft. (q) A gains access to Z’s bank account and dishonestly transfers money from Z’s account to A’s own account without Z’s knowledge or consent. A commits theft.

Section 379

Punishment for theft

Whoever commits theft shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 379A

Punishment for theft of a motor vehicle

(1)

Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

(2)

A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise, be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961.

(3)

In this section —

Definition

“component part”, in relation to a motor vehicle, means any component part attached to the motor vehicle, and includes any tyre, accessory or equipment attached to the motor vehicle;

Definition

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and includes a trailer drawn by a motor vehicle.

Section 380

Theft in dwelling house, etc.

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or for the custody of property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Section 381

Theft by clerk or servant of property in possession of master

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Section 382

Theft after preparation made for causing death or hurt in order to commit theft

Whoever commits theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit such theft, or in order to effect his escape after committing such theft, or in order to retain property taken by such theft, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 3 strokes.Illustrations (a) A commits theft of property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.

Section 383

Extortion

Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.Illustrations (a) A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain moneys to A. Z signs and delivers the note. A has committed extortion. (c) A, an enforcement officer, sees Z committing an offence, and threatens to report the offence unless Z gives him money. Z fears that the report may result in his being prosecuted for the offence and delivers money to A. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.

Section 384

Punishment for extortion

Whoever commits extortion shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.

Section 385

Putting person in fear of harm in order to commit extortion

Amended by51/2007

Whoever, in order to commit extortion, puts or attempts to put any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and with caning.

Section 386

Extortion by putting a person in fear of death or grievous hurt

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.

Section 387

Putting person in fear of death or of grievous hurt in order to commit extortion

Whoever, in order to commit extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.

Section 388

Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 389

Putting person in fear of accusation of offence, in order to commit extortion

Whoever, in order to commit extortion, puts or attempts to put any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

Section 390

Robbery

(1)

In all robbery there is either theft or extortion.

(2)

Theft is “robbery” if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint.

(3)

Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.Illustrations (a) A holds Z down, and dishonestly takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence surrenders his purse. Here A has extorted the purse from Z, by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child, Z being present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us $1,000.” This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.

Section 391

Gang-robbery

When 5 or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to 5 or more, every person so committing, attempting, or aiding, is said to commit “gang‑robbery”.

Section 392

Punishment for robbery

Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes; and if the robbery is committed after 7 p.m. and before 7 a.m. the offender shall be punished with imprisonment for a term of not less than 3 years and not more than 14 years and shall also be punished with caning with not less than 12 strokes.

Section 393

Attempt to commit robbery

Whoever attempts to commit robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes.

Section 394

Voluntarily causing hurt in committing robbery

If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person, jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

Section 395

Punishment for gang-robbery

Whoever commits gang-robbery shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

Section 396

Gang-robbery with murder

If any one of 5 or more persons who are conjointly committing gang‑robbery, commits murder in so committing gang-robbery, every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes.

Section 397

Robbery when armed or with attempt to cause death or grievous hurt

If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code.

Section 399

Making preparation to commit gang-robbery

Whoever makes any preparation for committing gang‑robbery, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes.

Section 400

Punishment for belonging to gang-robbers

Whoever shall belong to a gang of persons associated for the purpose of habitually committing gang‑robbery, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 6 strokes.

Section 401

Punishment for belonging to gang of thieves

Amended by15/2019

Whoever shall belong to any gang of persons associated for the purpose of habitually committing theft or robbery, and not being gang-robbers, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes.

Section 402

Assembling for purpose of committing gang-robbery

Whoever shall be one of 5 or more persons assembled for the purpose of committing gang‑robbery, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes.

Section 403

Dishonest misappropriation of property

Amended by15/2019

Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.Illustrations (a) A takes property belonging to Z out of Z’s possession in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z’s house in Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner, and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means, or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.Illustrations (a) A finds a dollar on the high road, not knowing to whom the dollar belongs. A picks up the dollar. Here A has not committed the offence defined in this section. (b) A finds a letter on the high road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. (g) A receives money transferred to his bank account from Z’s bank account. A discovers that Z did not intend to transfer the money to him. A retains the money and appropriates it to his own use. A is guilty of an offence under this section.

Section 404

Dishonest misappropriation of property possessed by a deceased person at the time of his death

Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to 7 years.Illustration Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

Section 405

(b)

in the way of his trade, profession or business as a banker, a merchant, a factor, a broker, an attorney or an agent;

(c)

in his professional capacity (other than by way of a trade, profession or business mentioned in paragraph (b));

(d)

in his capacity as a director of a corporation;

(e)

in his capacity as an officer of an unincorporated association;

(f)

in his capacity as a partner in a partnership;

(g)

in his capacity as a key executive of a corporation, an unincorporated association or a partnership; or

(h)

in his capacity as a fiduciary,commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.

Amended by15/2019

(2)

In this section —

Amended by15/2019

Definition

“director” includes —

(a)

any person occupying the position of director of a corporation by whatever name called, and includes a person in accordance with whose directions or instructions the directors or the majority of the directors of a corporation are accustomed to act, and an alternate or substitute director; or

(b)

a member of a corporation in the case where the affairs of the corporation are managed by its members, and includes a person in accordance with whose directions or instructions the members or the majority of the members of such corporation are accustomed to act, and an alternate or substitute member;

Definition

“fiduciary” means a person who has undertaken to act for or on behalf of another person in a matter in circumstances which give rise to a relationship of trust, confidence and loyalty, and includes but is not limited to an executor, an administrator, a liquidator, a receiver and a trustee (other than the trustee of an implied, a constructive or a resulting trust);

Definition

“key executive” means a person who, whether or not an employee of the corporation, unincorporated association or partnership, and whether acting alone or together with any other person, has general control and management of the administration of that corporation, unincorporated association or partnership;

Definition

“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, and includes —

(a)

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association;

(b)

a person in accordance with whose directions or instructions the president, secretary or member of a committee of the unincorporated association or a majority of such persons are accustomed to act; and

(c)

any person purporting to act in any such capacity;

Definition

“partner” includes a person purporting to act as a partner;

Definition

“partnership” includes a limited partnership and a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005.

Amended by15/2019

(3)

For the purposes of this section and to avoid doubt —

(a)

a person may be a director of a corporation, officer of an unincorporated association, partner in a partnership, key executive of a corporation, unincorporated association or partnership even though that person does not receive any salary or other remuneration from that corporation, unincorporated association or partnership, as the case may be; and

(b)

a person may be a fiduciary even though it is stated in a contract or an agreement between the parties that a fiduciary relationship does not arise.

Amended by15/2019

Section 410

Stolen property

Amended by15/2019

(1)

Amended by15/2019

Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property or property obtained in whole or in part through any criminal offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.

Section 414

Amended by15/201915/201915/201915/201915/201915/201915/2019

(1)

A person (A) shall be guilty of an offence who, knowing or having reason to believe that any personal information about another person (B) (being an individual) was obtained without B’s consent —

(a)

obtains or retains the personal information; or

(b)

supplies, offers to supply, transmits or makes available, by any means, the personal information.

Amended by15/2019

(2)

It is not an offence under subsection (1)(a) if the person obtained or retained the personal information for a purpose other than —

(a)

for use in committing, or in facilitating the commission of, any offence under this Code or any other written law; or

(b)

for supply, transmission or making available by any means for the personal information to be used in committing, or in facilitating the commission of, any offence under this Code or any other written law.

Amended by15/2019

(3)

It is not an offence under subsection (1)(b) if —

(a)

the person did the act for a purpose other than for the personal information to be used in committing, or in facilitating the commission of, any offence under this Code or any other written law; and

(b)

the person did not know or have reason to believe that the personal information will be or is likely to be used to commit, or facilitate the commission of, any offence under this Code or any other written law.

Amended by15/2019

(4)

(i)

the person knows that they are being made available on the basis mentioned in paragraph (a) or that they might be; and

(ii)

the person intends that payment will not be made or will not be made in full.

Amended by15/2019

(2)

A person who is guilty of an offence under subsection (1) shall on conviction be liable to imprisonment for a term not exceeding 10 years, or to fine, or to both. Explanation.—The services obtained are not excluded from this section merely because such services also involve the provision of goods or other things.Illustration A obtains services in the form of air transportation on an airline from Singapore to an overseas destination. A is also served food and beverages on the airline. A has obtained services even though A has also been provided with food and beverages.

Amended by15/2019

Section 421

(b)

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

(c)

a representation may be express or implied; and

In subsection (1) —

Amended by15/2019

Definition

“key service” means any of the following services:

(a)

a service directly related to the provision to the general public of water, sewerage, drainage, gas, electricity, waste collection and disposal, newspapers, broadcasting, telecommunications and other traditional forms of mass media communication (including radio and television services); (b)a search and rescue service, a fire-fighting service, a service providing rapid response to requests for help in a medical emergency, or other health emergency service;

(c)

a payments clearing and settlement service for payment obligations or securities, a service directly related to the provision to the general public of banking facilities and financial services associated with banking business, a securities trading, clearing and settlement service, and any other like service that is necessary to the financial market or financial institutions in Singapore or the disruption of which would have a widespread adverse effect on the financial system in Singapore or the economy of Singapore, or both; (d)a service directly related to the provision to the general public of health or healthcare services at a hospital, primary care healthcare establishment or other like institution; (e)a service that is critical to ensuring the reliable supply in Singapore of food which is safe and suitable for human consumption;

(f)

a service directly related to ensuring the provision to the general public of reliable and safe public transport by land, water or air within Singapore or to and from Singapore; (g)any other service that is critical to maintaining public health, the social and economic stability of Singapore or its people, or the defence of Singapore or its national security;

Definition

“public agency” means —

(a)

a body corporate or unincorporate established by or under any public Act to perform or discharge a public function, or any part of such a body; or

(b)

Section 439

Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

Section 440

Mischief committed after preparation made for causing death or hurt

Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.

Section 441

Criminal trespass

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Section 442

House-breaking

Punishment for house-breaking

Amended by15/2019

Whoever commits house-breaking shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 449

House-breaking in order to commit an offence punishable with death

Amended by15/2019

Whoever commits house-breaking in order to commit any offence punishable with death, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 15 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

Section 450

House-breaking in order to commit an offence punishable with imprisonment for life

Amended by15/2019

Whoever commits house-breaking in order to commit any offence punishable with imprisonment for life, shall be punished with imprisonment for a term not exceeding 15 years, and shall also be liable to fine.

Section 451

House-breaking in order to commit an offence punishable with imprisonment

Amended by15/2019

Whoever commits house-breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

Section 452

House-breaking after preparation made for causing hurt, etc.

Amended by15/2019

Whoever commits house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, or to caning.

Section 453

Possession of house-breaking implements or offensive weapons

Amended by15/201915/201915/2019

(1)

Any person who is found —

(a)

armed with any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, without lawful authority or a lawful purpose;

(b)

having his face covered or otherwise found disguised with intent to commit any offence; or

(c)

equipped with any article or instrument for use in the course of or in connection with any house‑breaking,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and any instrument or article, mentioned in paragraph (a) or (c), found in the possession of that person shall be forfeited.

Amended by15/2019

(2)

In any prosecution for an offence under subsection (1)(a), it is sufficient for the prosecution to allege and prove that the accused was found to be armed with any instrument mentioned in paragraph (a) and the burden is then on the accused to show that he had lawful authority or a lawful purpose to be so armed.

Amended by15/2019

(3)

An article or instrument is presumed to be carried with lawful authority if it is carried by —

(a)

any member of the Singapore Armed Forces, the Singapore Police Force, the Singapore Civil Defence Force or any auxiliary police force created under any written law;

(b)

a forensic specialist, civilian police assistant or law enforcement officer acting in the course of his duty as such in accordance with the Police Force Act 2004;

(c)

any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or

(d)

Punishment for subsequent offence under section 449, 450, 451 or 452

Amended by15/2019

Whoever, having been convicted of an offence under section 449, 450, 451 or 452, commits an offence under section 449, 450, 451 or 452 shall be liable to caning in addition to the punishment prescribed for that offence.

Section 459

Grievous hurt caused while committing house-breaking

Amended by15/2019

Whoever, while committing house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years and with caning.

Section 460

Every public servant who, being a citizen or a permanent resident of Singapore, when acting or purporting to act in the course of his employment, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under the law in force in Singapore, is deemed to have committed that act or omission in Singapore.

Section 4A

Offences against State and genocide committed outside Singapore by citizen or permanent resident

Amended by15/2019

Every person who, being a citizen or permanent resident of Singapore, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under Chapter 6 (Offences against the State) or 6B (Genocide), is deemed to have committed that act or omission in Singapore.

Section 4B

Punishment of specified offences with elements occurring in Singapore but others occurring outside Singapore

Amended by15/201915/201915/2019

(1)

A specified offence is deemed to have been committed in Singapore where —

(a)

a relevant act of the specified offence occurs in Singapore and any other relevant act of that specified offence occurs outside Singapore;

(b)

a relevant act of the specified offence occurs partly in Singapore and partly outside Singapore, whether or not other relevant acts of that specified offence occur in Singapore; or

(c)

the specified offence involved an intention to make a gain or cause a loss or exposure to a risk of loss or to cause harm to any person in body, mind, reputation or property, and that gain, loss or harm occurs in Singapore.

Amended by15/2019

(2)

In this section —

Amended by15/2019

Definition

“relevant act”, in relation to a specified offence, means an act or omission (whether occurring wholly or partly in or outside Singapore) which is a physical element of the specified offence;

Definition

“specified offence” means an offence specified in the Schedule and includes an attempt to commit the offence, an abetment of the offence and a criminal conspiracy to commit the offence.

Amended by15/2019

(3)

The Minister may, by order in the Gazette, amend the Schedule.

Amended by15/2019

Section 5

Certain laws not to be affected by this Code

Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers or servicemen in the Singapore Armed Forces, or of any other law for the time being in force.

Section 6

Definitions in this Code to be understood subject to exceptions

Amended by15/2019

Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapters entitled “General Exceptions” and “Right of Private Defence”, though those exceptions are not repeated in such definition, penal provision or illustration.Illustrations (a) The sections in this Code which contain definitions of offences, do not express, that a child below 10 years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child below 10 years of age”. (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

Section 6A

Definitions to apply to this Code and other written law

Amended by15/2019

Every definition of a word or expression which is explained in sections 22A to 26H (except the definitions of “dishonestly” and “fraudulently” in sections 24 and 25, respectively) applies to any offence in this Code or in any other written law unless that written law expressly provides for a definition or explanation of that same word or expression.

Section 7

Expression once explained is used in the same sense throughout this Code

Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.

Section 8

“Gender”

The pronoun “he” and its derivatives are used of any person, whether male or female.

Section 9

“Number”

Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

Section 10

“Man” and “woman”

The word “man” denotes a male human being of any age; “woman” denotes a female human being of any age.

Section 11

“Person”

The word “person” includes any company or association or body of persons, whether incorporated or not.

Section 12

“Public”

The word “public” includes any class of the public or any community.

Section 17

“Government”

The word “Government” includes any person lawfully performing executive functions of the Government under any law.

Section 19

“Judge”

The word “judge” denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.Illustrations (a) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge. (b) Officers holding an inquiry as to the loss of a ship under the Merchant Shipping Act 1995 are judges. (c) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a judge.

Section 20

“Court of justice”

The words “court of justice” denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.

Section 21

“Public servant”

Amended by19/201615/201919/2016

(1)

The words “public servant” denote a person falling under any of the following descriptions:

(a)

every officer in the Singapore Armed Forces;

(b)

every judge;

(c)

every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a court of justice to perform any of such duties;

(d)

every assessor assisting a court of justice or public servant;

(e)

every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;

(f)

every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(g)

every officer of the Government and every officer or employee of a body corporate established by a public Act for the purposes of a public function whose duty, as such officer or employee, is any of the following:

(i)

maintaining law and order;

(ii)

preserving the public peace;

(iii)

preventing and detecting offences;

(iv)

apprehending offenders or otherwise bringing offenders to justice;

(v)

executing summonses, subpoenas, warrants, commitments and other legal processes issued by a court or Justice of the Peace;

(vi)

maintaining order in the premises of the courts of justice;

(vii)

escorting and guarding prisoners and accused persons in remand;

(viii)

protecting the public health or safety or prevention of public inconvenience;

(h)

every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

(i)

a member of the Public Service Commission or the Legal Service Commission constituted under Part 9 of the Constitution;

(j)

every person (other than a person mentioned in paragraph (g)) who is employed to carry out any of the duties, mentioned in paragraph (g)(i) to (vii), on behalf of the Government or a body corporate established by a public Act for the purposes of a public function, when that person is performing such duties.Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Amended by19/201615/2019

(2)

Despite subsection (1), the words “public servant” in sections 175, 178, 179, 180 and 228 does not include a judge as defined in the Administration of Justice (Protection) Act 2016.

Amended by19/2016

Section 22

“Property”

Amended by15/2019

In this Code —“immovable property” means land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;“movable property” includes property of every description, except immovable property;“property” means money and all other property, movable or immovable, including things in action, other intangible or incorporeal property and virtual currency;“virtual currency” means a digital representation of value in money or money’s worth that can be digitally traded and functions as a medium of exchange, a unit of account or store of value, regardless of whether it is legal tender in any country or territory including Singapore.Illustration Writings, relating to real or personal property or rights, are movable property.

Definition

“immovable property” means land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

Definition

“movable property” includes property of every description, except immovable property;

“Dishonestly”

Amended by15/2019

A person (A) is said to do an act dishonestly if —

(a)

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

(b)

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.

Section 25

Where all the fault elements and physical elements of the offence have been proven in respect of an accused person, and assuming no defence or exception applies, the accused person shall be guilty of the offence despite the following circumstances:

(a)

the physical elements of the offence included the doing of an act or the causing of an effect concerning a person or thing;

(b)

any map, plan, graph or drawing;

(b)

any photograph;

(c)

any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;

(d)

any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

(e)

any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(f)

any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them.

Section 29A

“Writing”

Amended by51/2007

The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.

Section 29B

“Electronic record”

The expression “electronic record” has the same meaning as in the Electronic Transactions Act 2010.

Section 30

“Valuable security”

Amended by15/201915/2019

(1)

The words “valuable security” denote a document or an electronic record which is, or purports to be, a document or an electronic record whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Amended by15/2019

(2)

Notwithstanding the generality of subsection (1), “valuable security” includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money’s worth or other financial rights attached.Illustrations (a) A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”. (b) An electronic bill of lading in the form of an electronic record in a secure electronic trading system is a “valuable security”.

Amended by15/2019

Section 31

“A will”

The words “a will” denote any testamentary document.

Section 31A

“Die” and “instrument”

For the purposes of Chapters 12 and 18 —“die” includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression;“instrument” includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, soundtrack or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means.

Definition

“die” includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression;

Definition

“instrument” includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, soundtrack or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means.

Section 32

Words referring to acts include illegal omissions

In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

Section 33

“Act” and “omission”

Amended by15/201915/2019

(1)

The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission.

Amended by15/2019

(2)

To avoid doubt, where a person does a series of acts, one or more of which caused a certain effect, that person is regarded to have caused that effect by that series of acts even if it is not known which of the acts in that series caused that effect.Illustration A gives Z small doses of poison in Z’s food at different times over the course of a few days, with intent to kill Z. Z dies from poisoning, although it is not known which of those doses (individually or collectively) caused Z’s death. A has caused Z’s death by poisoning.

Amended by15/2019

Section 34

Each of several persons liable for an act done by all, in like manner as if done by him alone

When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.

Section 35

When such an act is criminal by reason of its being done with a criminal knowledge or intention

Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

Section 36

Effect caused partly by act and partly by omission

Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.Illustration A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

Section 37

Cooperation by doing one of several acts constituting an offence

When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.Illustrations (a) A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement, with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not cooperate with B, A is guilty only of an attempt to commit murder.

Section 38

Several persons engaged in the commission of a criminal act may be guilty of different offences

Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

Section 39

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 40

“Offence”

Amended by15/20192/2020

(1)

Except in the Chapters and sections mentioned in subsections (2) and (3), “offence” denotes a thing made punishable by this Code.

(2)

In Chapters 4, 4A, 5 and 5A, and in sections 4, 187, 194, 195, 203, 204B, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388 and 389, “offence” denotes a thing punishable under this Code or under any other written law for the time being in force.

Amended by15/20192/2020

(3)

In sections 141, 176, 177, 201, 202, 212, 216 and 441, “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine.

Section 41

Offence with specified term of imprisonment

Amended by51/2007

An offence described in this Code or in any written law for the time being in force as being punishable with imprisonment for a specified term or upwards includes an offence for which the specified term is the maximum term of imprisonment.

Section 42

“Obscene”

The word “obscene”, in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

Section 43

“Illegal”, “unlawful” and “legally bound to do”

The word “illegal” or “unlawful” is applicable to every thing which is an offence, or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be “legally bound to do” whatever it is illegal or unlawful in him to omit.

Section 44

“Injury”

The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

Section 44A

“Bodily injury”

Amended by15/2019

The words “bodily injury” denote as well a series of bodily injuries as a single bodily injury.

Section 45

“Life”

The word “life” denotes the life of a human being, unless the contrary appears from the context.

Section 46

“Death”

The word “death” denotes the death of a human being, unless the contrary appears from the context.

Section 47

“Animal”

The word “animal” denotes any living creature, other than a human being.

Section 48

“Vessel”

The word “vessel” denotes anything made for the conveyance by water of human beings, or of property.

Section 49

“Year” and “month”

Wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar.

Section 50

“Section”

The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.

Section 51

“Oath”

The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a court of justice or not.

Section 52

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 53

Punishments

The punishments to which offenders are liable under the provisions of this Code are —

(a)

death;

(b)

imprisonment;

(c)

forfeiture of property;

(d)

fine;

(e)

caning. Explanation.—Caning shall be with a rattan.

Section 54

Imprisonment for life

Amended by51/2007

“Imprisonment for life”, in relation to any prescribed punishment under this Code or any other written law, means imprisonment for the duration of a person’s natural life.

Section 57

Repealed / deleted

[Repealed by Act 51 of 2007]

Section 71

Repealed / deleted

[Repealed by Act 15 of 2010]

Section 72

Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which

In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided, if the same punishment is not provided for all.

Section 73

Enhanced penalties for offences against domestic workers

Amended by15/201915/201915/201915/2019

(1)

Where an employer of a domestic worker, a member of the employer’s household or an employment agent of a domestic worker is convicted of an offence under this Code (other than an excluded offence) that is committed against that domestic worker, the court may sentence the person convicted to twice the maximum punishment that the court could, but for this section, impose for that offence.

Amended by15/2019

(2)

This section does not apply where the offender (A) proves that, despite A being an employer of the domestic worker (B), a member of B’s employer’s household or an employment agent of B, the relationship between A and B did not adversely affect B’s ability to protect herself from A in respect of the harm caused by the offence.

Amended by15/2019

(3)

Despite anything to the contrary in the Criminal Procedure Code 2010 —

(a)

a Magistrate’s Court has jurisdiction to try the offences in subsection (1), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under that subsection in respect of those offences; and

(b)

a District Court has jurisdiction to try the offences in subsection (1) and has power to impose the full punishment provided under that subsection in respect of those offences.

Amended by15/2019

(4)

In this section —

“excluded offence” means an offence —

(a)

under section 304B or 335A; or

(b)

under this Code which is punishable with death or imprisonment for life;

Definition

“member of the employer’s household”, in relation to a domestic worker, means a person residing in the private dwelling house of the domestic worker’s employer at the time the offence was committed, and whose orders the domestic worker has reasonable grounds for believing she is expected to obey.

Amended by15/2019

Section 74

at the time of committing the offence, or immediately before or after committing such offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or

(b)

the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

(5)

It is immaterial for the purposes of paragraph (a) or (b) of subsection (4) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(6)

In this section —

Definition

“membership”, in relation to a racial or religious group, includes association with members of that group;

Definition

“presumed” means presumed by the offender.

Section 74A

Enhanced penalties for offences against vulnerable persons

Amended by27/201815/201927/201815/201915/201915/201915/201915/2019

(1)

This section applies where a person is convicted on or after 19 December 2018 of an offence specified in subsection (3) (called in this section the offender) against a vulnerable person.

Amended by27/201815/2019

(2)

Amended by15/2019

Definition

“abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

Definition

(a)

a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b)

(b)

whether A and B share the tasks and duties of their daily lives;

(c)

whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;

(d)

whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;

(e)

whether A and B share the care and support of a specific person below 21 years of age;

(f)

whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.

Amended by15/2019

Section 74D

Enhanced penalties for offences against victims in close relationships

Amended by15/201915/201915/201915/201915/201915/2019

(1)

Amended by15/2019

(2)

Amended by15/2019

(3)

This section does not apply where the offender (A) proves that, despite A having been or being in a close relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.

Amended by15/2019

Application of enhanced penalties

Amended by15/201915/2019

(1)

Where 2 or more of the sections from amongst sections 73 to 74D are applicable to enhance the punishment for an offence from that which the offender would otherwise have been liable for —

(a)

the punishment for the same offence shall not be enhanced by the application of more than one of those sections; and

(b)

the court may determine which section should apply to enhance the punishment.

Amended by15/2019

(2)

Where any punishment prescribed for an offence is —

(a)

a specified minimum sentence or a mandatory minimum sentence of imprisonment or caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance such punishment; and

(b)

a sentence of caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance the maximum number of strokes of the cane that may be imposed.

Amended by15/2019

Section 75

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 76

Act done by person bound, or justified by law

Act of person of unsound mind

Amended by15/2019

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is —

(a)

incapable of knowing the nature of the act;

(b)

incapable of knowing that what he is doing is wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to law); or

(c)

completely deprived of any power to control his actions.Illustration A, while labouring under a delusion, believes that he has received divine instructions to kill Z and that it is morally right for him to do so. A however knows that it is contrary to law to kill Z. A kills Z. Here, the defence of unsoundness of mind is not available to A as he is capable of knowing that it is contrary to law to kill Z.

Section 85

Intoxication when a defence

Amended by15/201915/2019

(1)

Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.

(2)

Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged, at the time of the act or omission complained of —

(a)

did not know what he was doing; or

(b)

Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian

Nothing, which is done in good faith for the benefit of a person below 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:Provided that this exception shall not extend to —

(a)

the intentional causing of death, or to the attempting to cause death;

(b)

the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

(c)

the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

(d)

the abetment of any offence, to the committing of which offence it would not extend.Illustration A, in good faith, for the benefit of his child, being below 12 years of age, without his child’s consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

Section 90

Consent given under fear or misconception, by person of unsound mind, etc., and by child

A consent is not such a consent as is intended by any section of this Code —

(a)

if the consent is given by a person —

(i)

under fear of injury or wrongful restraint to the person or to some other person; or

(ii)

under a misconception of fact,and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;

(b)

if the consent is given by a person who, from unsoundness of mind, mental incapacity, intoxication, or the influence of any drug or other substance, is unable to understand the nature and consequence of that to which he gives his consent; or

(c)

unless the contrary appears from the context, if the consent is given by a person who is below 12 years of age.

Section 91

Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89

The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.Illustration Causing miscarriage, unless it is authorised under the Termination of Pregnancy Act 1974 is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act.

Section 92

Act done in good faith for the benefit of a person without consent

Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:Provided that this exception shall not extend to —

(a)

the intentional causing of death, or to the attempting to cause death;

(b)

the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

(c)

the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

(d)

the abetment of any offence, to the committing of which offence it would not extend.Illustrations (a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (b) [Deleted by Act 51 of 2007] (c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation is immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence. (d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house‑top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.

Section 93

Communication made in good faith

No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

Section 94

Act to which a person is compelled by threats

Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person or any other person will otherwise be the consequence:Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins gang-robbers knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.—A person seized by gang-robbers, and forced by threat of instant death to do a thing which is an offence by law — for example, a smith compelled to take his tools and to force the door of a house for the gang‑robbers to enter and plunder it — is entitled to the benefit of this exception.

Section 95

Act causing slight harm

Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Section 107

Abetment of the doing of a thing

Amended by15/201915/2019

(1)

A person abets the doing of a thing who —

(a)

instigates any person to do that thing;

(b)

engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(c)

intentionally aids, by any act or illegal omission, the doing of that thing.

Amended by15/2019

(2)

A person may abet the doing of a thing despite the existence of facts of which he is unaware which make the doing of the thing impossible. Explanation 1.—A person who, by intentional misrepresentation, or by intentional concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.Illustration A, a public officer, is authorised by a warrant from a court of justice to apprehend Z. B, knowing that fact and also that C is not Z, intentionally represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Amended by15/2019

Section 108

Abettor

A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act. Explanation 2.—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.Illustrations (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B, in pursuance of the instigation, stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.Illustrations (a) A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act is committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child below 7 years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act, and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwelling house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence. (d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.Illustration A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence A is also liable to the same punishment. Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.Illustration A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section, and is liable to the punishment for murder.

Section 108A

Abetment in Singapore of an offence outside Singapore

A person abets an offence within the meaning of this Code who, in Singapore, abets the commission of any act without and beyond Singapore which would constitute an offence if committed in Singapore.Illustration A, in Singapore, instigates B, a foreigner in Java, to commit murder in Java. A is guilty of abetting murder.

Section 108B

Abetment outside Singapore of an offence in Singapore

Amended by51/2007

A person abets an offence within the meaning of this Code who abets an offence committed in Singapore notwithstanding that any or all of the acts constituting the abetment were done outside Singapore.

Section 109

Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B, in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z, in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

Section 110

Punishment of abetment if the person abetted does the act with a different intention from that of the abettor

Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

Section 111

Liability of abettor when one act is abetted and a different act is done

When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it:Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner, and to the same extent, as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Z’s house. B sets fire to the house, and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.

Section 112

Abetting offences under section 121A or 121B

Whoever abets the commission of any of the offences punishable by section 121A or 121B shall be punished with the punishment provided for those offences.

Section 121D

Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform

Amended by51/2007

Whoever knowing or having reason to believe that any offence punishable under section 121, 121A, 121B or 121C has been committed intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Section 122

Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849)

(1)

A person commits piracy who does any act that, by the law of nations, is piracy.

(2)

Whoever commits piracy shall be punished with imprisonment for life and with caning with not less than 12 strokes, but if while committing or attempting to commit piracy he murders or attempts to murder another person or does any act that is likely to endanger the life of another person he shall be punished with death.

Section 130C

Piratical acts

Whoever, while in or out of Singapore —

(a)

steals a Singapore ship;

(b)

steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Singapore ship;

(c)

does or attempts to do a mutinous act on a Singapore ship; or

(d)

counsels or procures a person to do anything mentioned in paragraph (a), (b) or (c),shall be punished with imprisonment for a term not exceeding 15 years and shall be liable to caning.

Section 130D

Genocide

A person commits genocide who, with intent to destroy, in whole or in part, a national, an ethnical, a racial or a religious group, commits any of the following acts:

(a)

killing members of the group;

(b)

causing serious bodily or mental harm to members of the group;

(c)

deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d)

imposing measures intended to prevent births within the group; or

(e)

forcibly transferring children of the group to another group.

Section 130E

Punishment for genocide

Whoever commits genocide shall —

(a)

if the offence consists of the killing of any person, be punished with death; or

(b)

in any other case, be punished with imprisonment for life or with imprisonment for a term which may extend to 20 years.

Section 131

Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty

Amended by15/2019

Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore or attempts to seduce any such officer or serviceman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

Section 132

Abetment of mutiny, if mutiny is committed in consequence thereof

Amended by15/2019

Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to death or imprisonment for life, also be liable to fine.

Section 133

Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office

Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Section 134

Abetment of such assault, if the assault is committed

Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Section 135

Abetment of the desertion of an officer or a serviceman

Whoever abets the desertion of any officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 136

Harbouring a deserter

Amended by15/2019

Whoever knowing or having reason to believe that an officer or a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore has deserted, harbours such officer or serviceman with the intention of preventing the officer or serviceman from being apprehended, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 137

Deserter concealed on board merchant vessel through negligence of master

Amended by15/2019

The master or person in charge of a merchant vessel, on board of which any deserter from the Singapore Armed Forces or any visiting forces lawfully present in Singapore is concealed, shall, though ignorant of such concealment, be punished with a fine not exceeding $1,500, if he might have known of such concealment, but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

Section 138

Abetment of act of insubordination by an officer or a serviceman

Whoever abets what he knows to be an act of insubordination by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.

Section 139

Saving

Where provision is made in any law relating to the discipline of the Singapore Armed Forces for the punishment of an offence corresponding to an offence defined in this Chapter, no person who is subject to such provision shall be subject to punishment under this Code for the offence defined in this Chapter.

Section 140

Wearing the dress of a serviceman

Whoever, not being a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, wears any garb or carries any token resembling any garb or token used by such a serviceman, with the intention that it may be believed that he is such a serviceman, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.

Section 140A

“Harbour”

Section 140B

Application of Chapter 7 to Singapore Police Force

The provisions of this Chapter relating to offences committed in relation to members of the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall apply, with the necessary modifications, to similar acts committed in relation to members of the Singapore Police Force or any volunteer, auxiliary or special force attached to, or coming under the jurisdiction of, that Force.

Section 141

Unlawful assembly

An assembly of 5 or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is —

(a)

to overawe by criminal force, or show of criminal force, the Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant;

(b)

to resist the execution of any law, or of any legal process;

(c)

to commit any offence;

(d)

by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

(e)

by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.— An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

Section 142

Being a member of an unlawful assembly

Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

Section 143

Punishment

Whoever is a member of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 144

Joining an unlawful assembly armed with any deadly weapon

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.Illustration A wooden pole sharpened at the end is a thing which, used as a weapon of offence, is likely to cause death. This illustration is applicable to sections 148 and 158.

Section 145

Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse

Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Section 146

Force used by one member in prosecution of common object

Whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Section 147

Punishment for rioting

Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to caning.

Section 148

Rioting, armed with a deadly weapon

Whoever is guilty of rioting, being armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to caning.Illustration The last section is subject to the same illustration as section 144.

Section 149

Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence.

Section 150

Hiring, or conniving at hiring, of persons to join an unlawful assembly

Whoever hires, or engages, or employs, or promotes or connives at the hiring, engagement, or employment of any person to join or become a member of any unlawful assembly shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly, in pursuance of such hiring, engagement, or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

Section 151

Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse

Whoever knowingly joins or continues in any assembly of 5 or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. Explanation.— If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.

Section 151A

Repealed / deleted

[Repealed by Act 51 of 2007]

Section 152

Assaulting or obstructing public servant when suppressing riot, etc.

Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or an affray, or uses, or threatens or attempts to use, criminal force to such public servant, shall be punished with imprisonment for a term which may extend to 8 years, or with fine, or with both.

Section 153

Wantonly giving provocation, with intent to cause riot

Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting is committed in consequence of such provocation, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the offence of rioting is not committed, with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 154

Owner or occupier of land on which an unlawful assembly is held

Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding $5,000, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station, and do not, in the case of his or their having reason to believe that it is about to be committed, use all lawful means in his or their power to prevent it, and in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.

Section 155

Liability of person for whose benefit a riot is committed

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.

Section 156

Liability of agent of owner or occupier for whose benefit a riot is committed

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.

Section 157

Harbouring persons hired for an unlawful assembly

Amended by15/2019

Whoever harbours, receives or assembles in any house or premises in his occupation or charge, or under his control, any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, with the intention of permitting or facilitating them to join or become members of an unlawful assembly, or of screening them or any of them from punishment, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 158

Being hired to take part in an unlawful assembly or riot

Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon, or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.Illustration The last section is subject to the same illustration as section 144.

Section 159

Repealed / deleted

[Repealed by Act 51 of 2007]

Section 160

Repealed / deleted

[Repealed by Act 51 of 2007]

Section 161

Public servant taking a gratification, other than legal remuneration, in respect of an official act

Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. Explanations.—“Expecting to be a public servant”. If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section. “Gratification”. The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money. “Legal remuneration”. The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by law to accept. “A motive or reward for doing”. A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.Illustrations (a) A, a judge, obtains from Z, a banker, a situation in Z’s bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section. (b) A, a public servant, induces Z erroneously to believe that A’s influence with another public servant has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section. (c) A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a grant of land for Z, and thus induces Z to give A money, as a reward for his service. A has committed the offence defined in this section.

Section 162

Taking a gratification in order, by corrupt or illegal means, to influence a public servant

Section 163

Taking a gratification, for the exercise of personal influence with a public servant

Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.Illustration An advocate who receives a fee for arguing a case before a judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist; a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust — are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.

Section 164

Punishment for abetment by public servant of the offences above defined

Whoever, being a public servant, in respect of whom either of the offences defined in sections 162 and 163 is committed, abets the offence, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.Illustration A is a public servant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 165

Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant

Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceedings or business transacted, or about to be transacted, by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.Illustrations (a) A, a judge, hires a house of Z, who has a case pending before him. It is agreed that A shall pay $50 a month, the house being such that, if the bargain were made in good faith, A would be required to pay $200 a month. A has obtained a valuable thing from Z without adequate consideration. (b) A, a judge, buys of Z, who has a cause pending in A’s court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration. (c) Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.

Section 166

Public servant disobeying a direction of the law, with intent to cause injury to any person

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.Illustration A, being an officer directed by law to take property in execution in order to satisfy a decree pronounced in Z’s favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

Section 167

Public servant framing an incorrect document or electronic record with intent to cause injury

Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause, or knowing it to be likely that he may thereby cause, injury to any person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 168

Public servant unlawfully engaging in trade

Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 169

Public servant unlawfully buying or bidding for property

Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly or in shares with others, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and the property, if purchased, shall be confiscated.

Section 170

Personating a public servant

Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 171

Wearing garb or carrying token used by public servant, with fraudulent intent

Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,000, or with both.

Section 172

Absconding to avoid arrest on warrant or service of summons, etc., proceeding from a public servant

Amended by15/2019

Whoever absconds in order to avoid being arrested on a warrant, or to avoid being served with a summons, a notice, or an order proceeding from any public servant, legally competent, as such public servant, to issue such warrant, summons, notice or order, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the summons, notice or order is to attend in person or by agent, or to produce a document or an electronic record before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both.

Section 173

Preventing service of summons, etc., or preventing publication thereof

Amended by15/201915/2019

(1)

A person who in any manner —

(a)

intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order;

(b)

intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed; or (c)intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall —

(d)

in the case of an individual, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or

(e)

in any other case, be punished with fine which may extend to $10,000.

Amended by15/2019

(2)

If the summons, notice, order, or proclamation is to attend in person or by agent before a court, or to produce a document or an electronic record before a court, any person who is guilty of an offence under subsection (1) shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000.

Amended by15/2019

Section 174

Failure to attend in obedience to order from public servant

Amended by15/201915/201940/2019

(1)

A person who, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, a notice, an order or a proclamation, proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at the place or time, or departs from the place where the person is bound to attend before the time at which it is lawful for the person to depart, shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000.

Amended by15/2019

(2)

If the summons, notice, order or proclamation is to attend in person or by agent before a court, any person who is guilty of an offence under subsection (1) shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000.Illustrations (a) A, being legally bound to appear before the General Division of the High Court, in obedience to a subpoena issuing from the General Division of the High Court, intentionally omits to appear. A has committed the offence defined in this section. (b) A, being legally bound to appear before a Magistrate as a witness, in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section.

Amended by15/201940/2019

Section 175

Omission to produce document or electronic record to public servant by person legally bound to produce such document or electronic record

Amended by15/2019

A person who, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, shall —

(a)

Furnishing false information

Amended by15/201915/2019

(1)

A person who, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which the person knows or has reason to believe to be false, shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000.

Amended by15/2019

(2)

If the information which the person mentioned in subsection (1) is legally bound to furnish respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, the person who is guilty of an offence under that subsection shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; or

(b)

in any other case, be punished with fine.Illustration A, a landholder, knowing of the commission of a murder, within the limits of his commercial property, intentionally misinforms the police that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. Explanation.—In this section and section 176, “offence” includes any act committed at any place out of Singapore, which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 459 and 460, and “offender” includes any person who is alleged to have been guilty of any such act.

Amended by15/2019

Section 178

Refusing oath when duly required to take oath by a public servant

Amended by15/2019

Whoever refuses to bind himself by an oath to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both.

Section 179

Refusing to answer public servant authorised to question

Amended by15/2019

A person who, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of the person touching that subject by that public servant, in the exercise of the legal powers of such public servant, shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000.

Section 180

Refusing to sign statement

Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both.

Section 181

Disobedience to order duly promulgated by public servant

Amended by15/201915/2019

(1)

A person who, knowing that by an order promulgated by a public servant lawfully empowered to promulgate such order the person is directed to abstain from a certain act, or to take certain order with certain property in the person’s possession or under the person’s management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000.

Amended by15/2019

(2)

If such disobedience mentioned in subsection (1) causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or an affray, the person who is guilty of an offence under that subsection shall —

(a)

in the case of an individual, be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or

(b)

in any other case, be punished with fine which may extend to $10,000. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession must not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

Amended by15/2019

Section 189

Threat of injury to a public servant

Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 190

Threat of injury to induce any person to refrain from applying for protection to a public servant

Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application, for protection against any injury, to any public servant legally empowered as such to give such protection or to cause such protection to be given, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 191

Giving false evidence

Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence. Explanation 1.—A statement is within the meaning of this section whether it is made verbally or otherwise. Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.Illustrations (a) A, in support of a just claim which B has against Z for $1,000, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z, A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence as to whether Z was at that place on the day named, or not. (e) A, an interpreter or a translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.

Section 192

Fabricating false evidence

Whoever causes any circumstance to exist, or makes any false entry in any book or record or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person, who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.Illustrations (a) A puts jewels into a box belonging to Z with the intention that they may be found in that box and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. (b) A makes a false entry in his shop‑book for the purpose of using it as corroborative evidence in a court of justice. A has fabricated false evidence. (c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.

Section 193

Punishment for false evidence

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. Explanation 1.—A trial before a court martial is a judicial proceeding. Explanation 2.—An investigation directed by law preliminary to a proceeding before a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.Illustration A, in an inquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence. Explanation 3.—An investigation directed by a court of justice according to law, and conducted under the authority of a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.Illustration A, in an inquiry before an officer deputed by a court of justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.

Section 194

Giving or fabricating false evidence with intent to procure conviction of a capital offence

Amended by15/2019

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code, or under any other law for the time being in force, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine; and if an innocent person is convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

Section 195

Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment

Amended by15/201915/2019

(1)

Amended by15/2019

(2)

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code or under any other law for the time being in force is not capital, but punishable with imprisonment for life, shall be punished with imprisonment for a term which may extend to 20 years.Illustration A gives false evidence before a court of justice, intending thereby to cause Z to be convicted of a gang‑robbery. The punishment of gang-robbery is imprisonment for a term of not less than 5 years and not more than 20 years and also caning with not less than 12 strokes. A, therefore, is liable to such imprisonment, with caning.

Amended by15/2019

Section 196

Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Section 197

Issuing or signing a false certificate

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Section 198

Using as a true certificate one known to be false in a material point

Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Section 199

False statement made in any declaration which is by law receivable as evidence

Whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Section 200

Using as true any such declaration known to be false

Whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.

Section 201

Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall —

(a)

if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; (b)if the offence is punishable with imprisonment for life or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and

(c)

if the offence is punishable with imprisonment for any term not extending to 20 years, shall be punished with imprisonment for a term which may extend to one‑fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.Illustration A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment for 10 years, and also to fine.

Section 202

Intentional omission to give information of an offence, by person bound to inform

Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.

Section 203

Giving false information respecting an offence committed

Amended by15/2019

Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. Explanations.—In sections 201 and 202 and in this section “offence” includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 459 and 460.

Section 204

Destruction of document or electronic record to prevent its production as evidence

Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence before a court of justice, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid, or after he has been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 204A

Obstructing, preventing, perverting or defeating course of justice

Amended by15/2019

Whoever does an act that has a tendency to obstruct, prevent, pervert or defeat the course of justice —

(a)

knowing that the act is likely to obstruct, prevent, pervert or defeat the course of justice; or

(b)

intending to obstruct, prevent, pervert or defeat the course of justice,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.Explanation 1.—A mere warning to a witness that he may be prosecuted for perjury if he gives false evidence is insufficient to constitute an offence.Explanation 2.—A person sentenced to imprisonment who leaves or attempts to leave Singapore unlawfully to avoid serving that person’s sentence has done an act which has a tendency to obstruct and defeat the course of justice.

Section 204B

Bribery of witnesses

(1)

Whoever —

(a)

gives, confers, or procures, promises or offers to give, confer, or procure or attempts to procure, any gratification to, upon, or for any person, upon any agreement or understanding that any person who is aware of any offence (being an offence which any person is legally bound to give information respecting that offence) will abstain from reporting that offence to the police or any agency charged by law with the duty of investigating offences;

(b)

gives, confers, or procures, promises or offers to give, confer, or procure or attempts to procure, any gratification to, upon, or for any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding will give false testimony or withhold true testimony or abstain from giving evidence;

(c)

attempts by any means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or withhold true testimony or abstain from giving evidence; or

(d)

asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, or any other person, upon any agreement or understanding that any person will as a witness in any judicial proceeding give false testimony or withhold true testimony or abstain from giving evidence,shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

(2)

In this section, “judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken.

Section 205

False personation for the purpose of any act or proceeding in a suit

Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued, or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 206

Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree

Whoever fraudulently removes, conceals, transfers, or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or an order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 207

Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree

Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or an order which has been made or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 208

Fraudulently suffering a decree for a sum not due

Whoever fraudulently causes or suffers a decree or an order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or an order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.Illustration A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

Section 209

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 210

Fraudulently obtaining a decree for a sum not due

Whoever fraudulently obtains a decree or an order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or an order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 211

False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for 7 years or upwards, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to fine.

Section 212

Harbouring an offender

Amended by15/2019

(1)

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, shall —

(a)

if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine;

(b)

if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and

(c)

if the offence is punishable with imprisonment which may extend to one year and not to 20 years, shall be punished with imprisonment for a term which may extend to one‑fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.

(2)

In this section, “offence” includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 459 and 460, and every such act shall for the purposes of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore.Illustrations (a) A, knowing that B has committed gang‑robbery, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for a term of not less than 5 years and not more than 20 years, A is liable to imprisonment for a term not exceeding 7 years, and is also liable to fine. (b) A and B are married to each other, and live in their matrimonial home. A knows that B has committed house‑breaking. A provides food and shelter to B, with no intention to screen B from legal punishment. A is not guilty of the offence of harbouring. (c) A and B are married to each other, and live in their matrimonial home. A knows that B has committed gang‑robbery and is preparing to leave Singapore to evade arrest. A provides food and shelter to B for the purposes of helping B evade detection by the police before he leaves Singapore. A is guilty of the offence of harbouring.

Amended by15/2019

Section 213

Taking gifts, etc., to screen an offender from punishment

Whoever accepts, or agrees to accept, or attempts to obtain any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall —

(a)

if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; (b)if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and

(c)

if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one‑fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.

Section 214

Offering gift or restoration of property in consideration of screening offender

Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall —

(a)

(c)

if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both. Exceptions.—Sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.

Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a lesser punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 218

Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture

Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 219

Public servant in a judicial proceeding making an order, etc., which he knows to be contrary to law

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict or decision which he knows to be contrary to law, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Section 220

Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law

Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Section 221

Intentional omission to apprehend on the part of a public servant bound by law to apprehend

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished —

(a)

with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with death;

(b)

with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to 20 years; or

(c)

with imprisonment for a term which may extend to 5 years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for a term less than 20 years.

Section 222

Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a court of justice for any offence, or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished —

(a)

with imprisonment for life or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;

(b)

with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a court of justice, or by virtue of a commutation of such sentence, to imprisonment for a term of 20 years or upwards; or

(c)

with imprisonment for a term which may extend to 7 years, or with fine or with both, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a court of justice, to imprisonment for a term less than 20 years, or if the person was lawfully committed to custody.

Section 223

Escape from confinement negligently suffered by a public servant

Whoever, being a public servant, legally bound as such public servant to keep in confinement any person charged with or convicted of any offence, or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 224

Resistance or obstruction by a person to his lawful apprehension

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged, or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. Explanation.— The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged or of which he was convicted.

Section 225

Resistance or obstruction to the lawful apprehension of another person

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence —

(a)

shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both;

(b)

if the person to be apprehended, or the person rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine;

(c)

if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine;

(d)

if the person to be apprehended or rescued, or attempted to be rescued, is liable, under the sentence of a court of justice, or by virtue of a commutation of such a sentence, to imprisonment for a term of 10 years or upwards, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; or

(e)

if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment for a term not exceeding 15 years, and shall also be liable to fine.

Section 225A

Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person in any case not provided for in section 221, 222 or 223, or in any other law for the time being in force, omits to apprehend that person, or suffers him to escape from confinement, shall be punished —

(a)

if he does so intentionally, with imprisonment for a term which may extend to 3 years, or with fine, or with both; or

(b)

if he does so negligently, with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 225B

Resistance or obstruction to lawful apprehension, or escape, or rescue, in cases not otherwise provided for

Whoever, in any case not provided for in section 224 or 225, or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 225C

Offences against laws of Singapore where no special punishment is provided

Amended by51/2007

Whoever does anything which by any law in force in Singapore he is prohibited from doing, or omits to do anything which he is so enjoined to do, shall, when no special punishment is provided by the law for such commission or omission, be punished with fine not exceeding $2,000.

Section 226

Unlawful return from banishment

Whoever, having been lawfully banished, or otherwise lawfully sent out of Singapore, returns to Singapore, the term for which he was banished or sent out of Singapore not having expired, and he not having received a remission of punishment, or otherwise not having lawful authority to return to Singapore, shall be punished with imprisonment for a term which shall not exceed that for which he was banished or sent out of Singapore, and shall also be liable to fine. Explanation.— A person ordered to be banished from Singapore under the Banishment Act 1959 is liable to punishment for returning unlawfully to Singapore under this section.

Section 227

Repealed / deleted

[Repealed by Act 1 of 2014]

Section 228

Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding

Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.

Section 229

Personation of an assessor

Whoever, by personation or otherwise, intentionally causes or knowingly suffers himself to be returned, empanelled, or sworn as an assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled, or sworn, or knowing himself to have been so returned, empanelled, or sworn contrary to law, voluntarily serves as such assessor, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 267A

Affray

Amended by51/2007

Where 2 or more persons disturb the public peace by fighting in a public place, they are said to “commit an affray”.

Section 267B

Punishment for committing affray

Amended by51/2007

Whoever commits an affray shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.

Section 267C

Making, printing, etc., document containing incitement to violence, etc.

Whoever —

(a)

makes, prints, possesses, posts, distributes or has under his control any document; or

(b)

makes or communicates any electronic record,containing any incitement to violence or counselling disobedience to the law or to any lawful order of a public servant or likely to lead to any breach of the peace shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Section 268

Public nuisance

A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Explanation.— A common nuisance is not excused on the ground that it causes some convenience or advantage.

Section 268A

Section 279

Rash driving or riding on a public way

Whoever drives any vehicle, or rides, on any public way, in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.

Section 280

Rash navigation of a vessel

Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.

Section 281

Exhibition of a false light, mark or buoy

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Section 282

Conveying person by water for hire in a vessel overloaded or unsafe

Whoever knowingly or negligently conveys, or causes to be conveyed, for hire any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both.

Section 283

Danger or obstruction in a public way or navigation

Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to $1,000.

Section 284

Rash or negligent conduct with respect to dangerous or harmful substance

Amended by15/201915/201915/201915/2019

(1)

A person shall be guilty of an offence who does, with any dangerous or harmful substance, any act so rashly or negligently as —

(a)

to be likely to cause hurt or injury to any other person;

(b)

to endanger human life;

(c)

to cause hurt to any other person;

(d)

to cause grievous hurt or injury to any other person; or

(e)

to cause the death of any other person.

Amended by15/2019

(2)

In subsection (1), an act includes an omission to take such measure with any dangerous or harmful substance in a person’s possession as is sufficient to guard against any probable danger to human life, grievous hurt or hurt from such substance.

Amended by15/2019

(3)

Any person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished —

(a)

in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both;

(b)

in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 3 years, or with fine, or with both;

(c)

in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and

(d)

in the case of an offence under subsection (1)(e), with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Amended by15/2019

(4)

In this section, “dangerous or harmful substance” includes fire or any thing or matter that is likely to cause fire.

Amended by15/2019

Section 285

Causing or contributing to risk of dangerous fire

Amended by15/201915/2019

(1)

Whoever, with any fire or any thing that is likely to cause fire, rashly or negligently causes or substantially contributes to the risk of causing a fire, shall be guilty of an offence if such fire occurs and any of the following applies:

(a)

that fire is likely to cause hurt or injury to any other person;

(b)

that fire endangers human life;

(c)

that fire causes damage to or diminishes the value or utility of any property belonging to any other person or the Government;

(d)

that fire causes hurt or injury to any other person;

(e)

that fire causes grievous hurt to any other person;

(f)

that fire causes death to any other person.

Amended by15/2019

(2)

Any person who is guilty of an offence under subsection (1) shall on conviction be punished —

(a)

in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both;

(b)

in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 18 months, or with fine, or with both;

(c)

in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 3 years, or with fine, or with both;

(d)

in the case of an offence under subsection (1)(e), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and

(e)

in the case of an offence under subsection (1)(f), with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Amended by15/2019

Section 286

Presumption of cause of fire

Amended by15/2019

In any proceedings for an offence under section 285, where any person deposits, drops, places or throws a cigarette or part thereof, cigar, match stick, charcoal, incense, any form of embers or any thing that is likely to cause fire in any place, and a fire occurs at that place or in the vicinity of that place within 60 minutes from the time of that act, that person is, until the contrary is proved, presumed to have substantially contributed to the risk of causing that fire.

Section 287

Rash or negligent conduct with respect to any machinery in possession or under charge of offender

Amended by15/201915/201915/2019

(1)

A person shall be guilty of an offence who does, with any machinery in the person’s possession or under the person’s care, any act so rashly or negligently as —

(a)

to be likely to cause hurt or injury to any other person;

(b)

to endanger human life;

(c)

to cause hurt or injury to any other person;

(d)

to cause grievous hurt to any other person; or

(e)

to cause the death of any other person.

Amended by15/2019

(2)

In subsection (1), an act includes an omission to take such measure with any machinery in the person’s possession or under the person’s care as is sufficient to guard against any probable danger to human life, grievous hurt or hurt from such machinery.

Amended by15/2019

(3)

Any person who is guilty of an offence under subsection (1) shall on conviction be punished —

(a)

in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both;

(b)

in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 3 years, or with fine, or with both;

(c)

in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and

Negligence with respect to any animal

Amended by15/201915/2019

(1)

A person shall be guilty of an offence who knowingly or negligently omits to take such measure with any animal as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal and such omission —

(a)

is likely to cause grievous hurt;

(b)

endangers human life;

(c)

causes grievous hurt to any other person; or

(d)

causes the death of any other person.

Amended by15/2019

(2)

Any person who is guilty of an offence under subsection (1) shall on conviction be punished —

(a)

in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both;

(b)

in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and

(c)

in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 7 years, or with fine, or with both.

Amended by15/2019

Section 290

Punishment for public nuisance

Amended by15/2019

Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be guilty of an offence and shall be punished —

(a)

with fine which may extend to $2,000;

(b)

in the case where the offender knew that the act or omission constituting 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 vicinity, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,000, or with both; or

(c)

on a second or subsequent conviction, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,000, or with both.

Section 291

Continuance of nuisance after injunction to discontinue

Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.

Section 292

Sale of obscene books, etc.

Amended by15/2019

(1)

Whoever —

(a)

sells, lets to hire, distributes, transmits by electronic means, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, transmission, public exhibition or circulation, makes, produces, or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure, or any other obscene object whatsoever;

(b)

imports, exports, transmits by electronic means or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited, or in any manner put into circulation;

(c)

takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, transmitted by electronic means, purchased, kept, imported, exported, conveyed, publicly exhibited, or in any manner put into circulation;

(d)

advertises, or makes known by any means whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or

(e)

offers or attempts to do any act which is an offence under this section,shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.

(1A)

A person who is guilty of an offence under subsection (1) in the case where the obscene object mentioned in that subsection depicts an image of a person who is or who appears to a reasonable observer to be or is implied to be below 16 years of age shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Amended by15/2019

(2)

For the purposes of this section, “object” includes data stored in a computer disc, or by other electronic means, that is capable of conversion to images, writing or any other form of representation.

(3)

does any obscene act in any public place; or

(b)

sings, recites or utters any obscene words in or near any public place,shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.

Section 295

Injuring or defiling a place of worship with intent to insult the religion of any class

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Section 296

Disturbing a religious assembly

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 297

Trespassing on burial places, etc.

Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture or any place set apart for the performance of funeral rites, or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 298

Uttering words, etc., with deliberate intent to wound the religious or racial feelings of any person

Whoever, with deliberate intention of wounding the religious or racial feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, or causes any matter however represented to be seen or heard by that person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 298A

Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony

Whoever —

(a)

by words, either spoken or written, or by signs or by visible representations or otherwise, knowingly promotes or attempts to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill will between different religious or racial groups; or

(b)

commits any act which he knows is prejudicial to the maintenance of harmony between different religious or racial groups and which disturbs or is likely to disturb the public tranquility,shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Section 463

Forgery

Whoever makes any false document or electronic record or part of a document or an electronic record with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Section 464

Making a false document or false electronic record

(1)

A person is said to make a false document or false electronic record —

(a)

who dishonestly or fraudulently —

(i)

makes, signs, seals or executes a document or part of a document;

(ii)

makes any electronic record or part of any electronic record;

(iii)

affixes any electronic signature on any electronic record; or

(iv)

makes any mark denoting the execution of a document or the authenticity of the electronic signature,with the intention of causing it to be believed that such document or electronic record or part of a document or electronic record or electronic signature was made, signed, sealed, executed or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed, or at a time at which he knows that it was not made, signed, sealed, executed or affixed;

(b)

who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with an electronic signature, either by himself or by any other person, whether that person is living or dead at the time of the alteration; or

(c)

who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on an electronic record, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not, know the contents of the document or electronic record or the nature of the alteration.

(2)

In this section, “electronic signature” has the same meaning as in the Electronic Transactions Act 2010.Illustrations (a) A has a letter of credit upon B for $1,000 written by Z. A, in order to defraud B, adds a cypher to the 1,000, and makes the sum $10,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z’s authority, affixes Z’s seal to a document, purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby of obtaining from B the purchase money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of $1,000. A commits forgery. (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable, and authorises B to fill up the cheque by inserting a sum not exceeding $1,000 for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of $10,000. B commits forgery. (e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker, and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z’s will contains these words: “I direct that all my remaining property be equally divided between A, B and C”. A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a promissory note and makes it payable to Z, or his order, by writing on the bill the words “Pay to Z or his order”, and signing the endorsement. B dishonestly erases the words “Pay to Z, or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated 6 months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery. (j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (k) A without B’s authority writes a letter and signs it in B’s name, certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery, inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Explanation 1.—A man’s signature of his own name may amount to forgery.Illustrations (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. (b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B knowing the fact draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable: here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period, and dates the lease 6 months prior to the seizure with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.Illustration A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

Section 465

Punishment for forgery

Whoever commits forgery shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both.

Section 466

Forgery of a record of a court of justice, or a public register of births, etc.

Whoever forges a document or an electronic record, purporting to be a record or proceeding of or before a court of justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document or an electronic record, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

Section 467

Forgery of a valuable security or will

Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a child, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest, or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or a receipt, acknowledging the payment of money, or an acquittance or a receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Section 468

Forgery for the purpose of cheating

Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

Section 469

Forgery for the purpose of harming the reputation of any person

Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any person, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.

Section 470

“A forged document” or “a forged electronic record”

A false document or false electronic record, made wholly or in part by forgery, is designated “a forged document” or “a forged electronic record”, respectively.

Section 471

Using as genuine a forged document or forged electronic record

Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or forged electronic record, shall be punished in the same manner as if he had forged such document or electronic record.

Section 472

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467

Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Section 473

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise

Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

Section 473A

Making or possessing equipment for making a false instrument

Whoever makes or has in his custody or under his control a machine or implement, or paper or other material, which to his knowledge is or has been specifically designed or adapted for the making of any false instrument shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Section 473B

Making or possessing equipment for making a false instrument with intent to induce prejudice

Any person (A) who —

(a)

makes or has in his custody or under his control a machine or implement, or paper or other material, which is or has been specifically designed or adapted for the making of any instrument; and

(b)

intends that —

(i)

he or another person makes a false instrument using the machine or implement, or paper or other material in order to induce another person (B) to accept it as genuine; and

(ii)

by reason of so accepting it, B does or does not do some act to B’s or any other person’s prejudice,shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Section 473C

Meaning of “prejudice” and “induce”

(1)

For the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will —

(a)

result in his permanent or temporary loss of property;

(b)

result in his being deprived of an opportunity to earn remuneration or greater remuneration;

(c)

result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration;

(d)

result in somebody being given an opportunity to earn remuneration or greater remuneration from him;

(e)

result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or

(f)

be the result of his having accepted a false instrument as genuine in connection with his performance of any duty.

(2)

For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded.

(3)

The reference in section 473B to inducing a person (B) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument.

(4)

Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice.

(5)

In subsection (1)(a), “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.

Section 474

Having possession of certain document or electronic record known to be forged, with intent to use it as genuine

Whoever has in his possession any document or electronic record, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the descriptions mentioned in section 466, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the document is one of the descriptions mentioned in section 467, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Section 475

Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Section 476

Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material

Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document or electronic record then forged or thereafter to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

Section 477

Fraudulent cancellation, destruction, etc., of a will

Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys, or defaces, or attempts to cancel, destroy, or deface, or secretes, or attempts to secrete any document which is or purports to be a will, or an authority to adopt a child, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Section 477A

Falsification of accounts

Amended by15/2019

Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, intentionally and with intent to defraud destroys, alters, conceals, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account or a set thereof which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or intentionally and with intent to defraud makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in any such book, electronic record, paper, writing, valuable security or account or a set thereof, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. Explanation 1.—It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded, or specifying any particular sum of money intended to be the subject of the fraud or any particular day on which the offence was committed. Explanation 2.—Any books, electronic records, papers, writings, valuable securities or account or any combination thereof form a set if they serve the same function or purpose in relation to the employer’s affairs or business.

Section 489A

Forging or counterfeiting currency or bank notes

Amended by15/201915/2019

(1)

Whoever forges or counterfeits, or knowingly performs any part of the process of forging or counterfeiting, any currency or bank note shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.

Amended by15/2019

(2)

In this section and sections 489B to 489I —

Amended by15/2019

Definition

“bank note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of the government of any country or territory and intended to be used as equivalent to, or as a substitute for, money;

Definition

“coin” is metal used as money stamped and issued by or under the authority of the government of any country or territory in order to be so used;

Defamation

Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company, or an association or a collection of persons as such. Explanation 3.—An imputation in the form of an alternative, or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Explanation 5.—An imputation may be made or published in written, electronic or other media.Illustrations (a) A says, “Z is an honest man; he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions. (b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. (c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.Imputation of any truth which the public good requires to be made or published First Exception.—It is not defamation to impute anything which is true concerning any person, if it is for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.Public conduct of public servants Second Exception.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.Conduct of any person touching any public question Third Exception.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such a meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties in which the public is interested.Publication of reports of proceedings of courts of justice, etc. Fourth Exception.—It is not defamation to publish a substantially true report of the proceedings of a court of justice, or of Parliament, or of the result of any such proceedings. Explanation.—A Magistrate or other officer holding an inquiry in open court preliminary to a trial in a court of justice, is a court within the meaning of the above section.Merits of case decided in a court of justice; or conduct of witnesses and others concerned therein Fifth Exception.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a court of justice, or respecting the conduct of any person as a party, a witness or an agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.Illustrations (a) A says, “I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further. (b) But if A says, “I do not believe what Z asserted at that trial, because I know him to be a man without veracity”, A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s conduct as a witness.Merits of a public performance Sixth Exception.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.Illustrations (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public. (c) An actor or a singer who appears on a public stage, submits his acting or singing to the judgment of the public. (d) A says of a book published by Z, “Z’s book is foolish, Z must be a weak man. Z’s book is indecent, Z must be a man of impure mind”. A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further. (e) But if A says, “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”, A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.Censure passed in good faith by a person having lawful authority over another Seventh Exception.—It is not defamation in a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.Illustration A judge censuring in good faith the conduct of a witness or of an officer of the court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for his conduct as such cashier — are within this exception.Accusation preferred in good faith to a duly authorised person Eighth Exception.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of the accusation.Illustration If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father — A is within this exception.Imputation made in good faith by a person for the protection of his interests Ninth Exception.—It is not defamation to make an imputation on the character of another, provided that the imputation is made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.Illustrations (a) A, a shopkeeper, says to B, who manages his business, “Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith and for the public good, A is within the exception.Caution intended for the good of the person to whom it is conveyed or for the public good Tenth Exception.—It is not defamation to convey a caution, in good faith, to one person against another, provided that the caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.Explanation to Exceptions In proving the existence of circumstances as a defence under the Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth or Tenth exception, good faith shall be presumed unless the contrary appears.

Section 500

Punishment for defamation

Whoever defames another shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 501

Printing or engraving matter known to be defamatory

Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 502

Sale of printed or engraved substance containing defamatory matter

Whoever sells or offers for sale any printed or engraved substance, containing defamatory matter, knowing that it contains such matter, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 503

Criminal intimidation

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

Section 504

Intentional insult with intent to provoke a breach of the peace

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 505

Statements conducing to public mischief

Whoever makes, publishes or circulates any statement, rumour or report in written, electronic or other media —

(a)

with intent to cause, or which is likely to cause any officer or serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, or any person to whom section 140B refers, to mutiny or otherwise disregard or fail in his duty as such;

(b)

with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

(c)

with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community of persons,shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.Exception.——It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report in written, electronic or other media has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.

Section 506

Punishment for criminal intimidation

Amended by15/2019

Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Section 507

Criminal intimidation by an anonymous communication

Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to 2 years, in addition to the punishment provided for the offence by section 506.

Section 508

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 509

Repealed / deleted

[Repealed by Act 15 of 2019]

Section 510

Repealed / deleted

[Repealed by Act 5 of 2015]

Section 511

Attempt to commit offence

Amended by15/201915/201915/2019

(1)

A person attempts to commit an offence punishable by this Code or by any other written law who, with the intention of committing that offence takes a substantial step towards the commission of that offence.

Amended by15/2019

(2)

For the purposes of subsection (1), an act is a substantial step towards the commission of an offence if it is strongly corroborative of an intention to commit the offence and the following are examples of acts which in the circumstances of each case may constitute taking a substantial step:

(a)

lying in wait, searching for or following the contemplated victim of the offence;

(b)

enticing or seeking to entice the contemplated victim of the offence to go to the place contemplated for its commission;

(c)

reconnoitring the place contemplated for the commission of the offence;

(d)

unlawful entry of a place in which it is contemplated that the offence will be committed;

(e)

possession of materials to be employed in the commission of the offence, that are specially designed for such unlawful use or that can serve no lawful purpose of the person in such possession under the circumstances;

(f)

possession, collection or fabrication of materials to be employed in the commission of the offence, at or near the place contemplated for its commission, if such possession, collection or fabrication serves no lawful purpose of the person mentioned in subsection (1) under the circumstances;

(g)

(b)

may sentence the offender to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence.

Amended by15/2019

(4)

To avoid doubt, nothing in subsection (3)(b) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (2) or otherwise provided by any written law for that offence.Illustration A attempts to commit robbery but did not succeed. If A had committed robbery, he would have been subject to a mandatory minimum term of imprisonment of not less than 2 years and mandatory caning of a minimum of 6 strokes. As the court is not bound to impose the minimum mandatory punishment prescribed for robbery, A may be sentenced to 6 months imprisonment with no caning for attempted robbery. However, the court may not sentence A to a fine, as this is not a prescribed punishment for robbery but the court may sentence A to probation if he is a young offender.

Amended by15/2019

Explanatory statement

Explanation 1.—A mere warning to a witness that he may be prosecuted for perjury if he gives false evidence is insufficient to constitute an offence.

Explanatory statement

Explanation 2.—A person sentenced to imprisonment who leaves or attempts to leave Singapore unlawfully to avoid serving that person’s sentence has done an act which has a tendency to obstruct and defeat the course of justice.[15/2019]

Common questions

What is Penal Code 1871?: Penal Code 1871 is Singapore Act, cited as Act PC 1871, currently marked in force and first recorded in 1871.
Is Penal Code 1871 still in force?: Yes — Penal Code 1871 is currently in force.
When did Penal Code 1871 take effect?: Penal Code 1871 was first recorded in 1871.
How many sections does Penal Code 1871 have?: Penal Code 1871 contains 597 sections.
What amends Penal Code 1871?: Penal Code 1871 has been amended by Act 15 of 2019, Act 51 of 2007, Act 23 of 1984, Act 62 of 1973, and Act 32 of 1980, and 9 others.
Where can I read the official version of Penal Code 1871?: The official text of Penal Code 1871 is published at sso.agc.gov.sg.

Singapore law

ActIn force

Reference: Act PC 1871
Expression: EN - rev_ed_2020
Authority: Authoritative

Legislative history

You are reading the rev_ed_2020 text, which already incorporates the amendments below.

Enacted 1871. Current status: In force

Amendment history of Penal Code 1871
Amending instrument	Year
Act 62 of 1973	1973
Act 21 of 1973	1973
Act 32 of 1980	1980
Act 23 of 1984	1984
Act 35 of 1993	1993
Act 18 of 1998	1998
Act 51 of 2007	2007
Act 15 of 2010	2010
Act 32 of 2012	2012
Act 19 of 2016	2016
Act 27 of 2018	2018
Act 15 of 2019	2019
Act 40 of 2019	2019
Act 2 of 2020	2020
Repealed by Act 51 of 2007	—
IndianPC 1860, s. 511	—

Primary source

Compare this reader text against the official source.

View at official source PDF

Structured from sso.agc.gov.sg. Last updated 28 Jun 2026. How we source & verify

Cited in court decisions

658

Court decisions that cite this act.

Referred to[2026] SGCA 29Case
“Gao Xiong (“Appellant”) pleaded guilty to one charge of attempted rape under s 375(1)(a) read with s 511(1) of the Penal Code 1871 (2020 Rev Ed) (“PC”), as well as three charges for criminal trespass under s 447 of the PC. Three charges of unlawful stalking and criminal trespass were taken into consideration (“TIC”) fo”
Referred to[2026] SGDC 210Case
“b. Dominic Quek concerned an offender who pleaded guilty to an amalgamated charge under section 6(b) of the PCA and consented to a charge under section 204A of the Penal Code (Chapter 224, 2008 Rev Ed) to be taken into consideration. At the material time, he was the operations manager at his father’s company dealing in”
Referred to[2026] SGHC 136Case
“The matter proceeded to trial on a charge of attempted murder under s 307(1) of the Penal Code 1871 (“Penal Code”). At the stage of closing submissions, however, the prosecution submitted that the charge should be amended to one under s 326 of the Penal Code for voluntarily causing grievous hurt by”
Referred to[2016] SGHC 06Case
“These became the subject matter of five charges under s 477A of the Penal Code (Cap 224, 2008 Rev Ed) (“the PC”), viz, DAC 7873 of 2011, DAC 7900 of 2011, 7902 of 2011, 7934 of 2011 and 7994 of 2011. The Prosecution proceeded with these charges. There were 108 other charges, al”
Referred to[2016] SGHC 20Case
“ntence that had earlier been imposed by the High Court on the Respondent in respect of two previous convictions – one was for an offence of rape under s 375(1)(b) and punishable under s 375(2) of the Penal Code (Cap 224, 2008 Rev Ed), and the other was for an offence of driving a lorry without a valid Class 4 driving l”

Show 45 more

Referred to[2016] SGHC 25Case
“The Prosecution proceeded on two charges against the Appellant before the DJ. DAC 929249 of 2014 was a charge under s 147 of the Penal Code (Cap 224, 2008 Rev Ed) (“the PC”) for rioting (“the Rioting Offence”). DAC 923500 of 2014 was a charge under ss 28(2)(a) and 28(3)(b)(i) of the Moneylenders’ Act (Cap 188, 2010 Rev”
Referred to[2016] SGHC 26Case
“y entering into a conspiracy with one Chia Choon Leng (who was known as “Ah Hiang”) to commit an offence of trafficking in 14.99g of diamorphine under s 5(1)(a) of the MDA 2001 read with s 109 of the Penal Code (Cap 224, 1985 Rev Ed) vide DAC 41588/2007 (“the third charge”).”
Referred to[2016] SGHC 30Case
“In their submissions, the defendants refer to ss 463 and 464 of the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”), saying that “the facts and circumstances clearly show a prima facie case of forgery”. The provisions read:”
Referred to[2016] SGHC 35Case
“Out of the 11 charges, the second and third charges fell within the ambit of the Penal Code (Cap 224, 1985 Rev Ed) which was in operation before 1 Feb 2008 (“the old Penal Code”). The rest were within the ambit of the Penal Code (Cap 224, 2008 Rev Ed) that is presently in force (“the new Pe”
Referred to[2016] SGHC 33Case
“ndent faced a single charge of voluntarily causing hurt to the complainant, a foreign domestic maid employed by the respondent’s sister. The offence is punishable under s 323 read with s 73(2) of the Penal Code (Cap 224, 2008 Rev Ed). She was alleged to have slapped the complainant on the cheek sometime in May 2012 at”
Referred to[2016] SGHC 49Case
“The punishments provided by law under s 304(a) of the Penal Code (Cap 224, 2008 Rev Ed) in respect of the charge are as follows:”
Referred to[2016] SGHC 53Case
“The punishments provided by law in respect of the charges are as follows. In respect of the first charge, s 304(b) of the Penal Code (Cap 224, 2008 Rev Ed) provides for imprisonment for a term that may extend to 10 years or fine or caning or any combination of such punishments. In respect of the second charge, s 33A(1)”
Referred to[2016] SGCA 21Case
“t the trial). The Applicant’s appeal against his conviction was dismissed in 2011 (see Kho Jabing and another v Public Prosecutor [2011] 3 SLR 634 (“CA (Conviction)”)). Following the enactment of the Penal Code (Amendment) Act 2012 (Act 32 of 2012) (“the 2012 Amendment Act”), all persons who commit the offence of murde”
Referred to[2016] SGHC 59Case
“charge for the consumption of methamphetamine under s 8(b)(ii) of the MDA; (b) one charge for the possession of methamphetamine under s 8(a) of the MDA; and (c) one charge of theft under s 380 of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”). In addition to the four charges proceeded with, another three charges,”
Referred to[2016] SGHC 61Case
“Criminal Law] — [Statutory offences] — [Penal Code; Statutory Interpretation] — [Construction of statute] — [Literal; Statutory Interpretation] — [Interpretation Act] — [Purposive approach”
Referred to[2016] SGHC 58Case
“The accused, Rosdi Bin Joenet, pleaded guilty to and was convicted on the following charge under s 304(a) of the Penal Code (Cap 224, 2008 Rev Ed):”
Referred to[2016] SGHC 69Case
“This is an appeal against sentences imposed by the District Court in respect of six charges under s 323 read with s 73(2) of the Penal Code (Cap 224, 2008 Rev Ed). The appellant had pleaded guilty to these charges and consented to have a further 12 charges involving various related offences taken into consideration for”
Referred to[2016] SGHC 71Case
“Subsequently, the Accused was charged with murder within the meaning of s 300(d) of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”). The Accused claimed trial to the charge. Before this court, the issue was whether the Accused was guilty of murder, the most serious offence in our penal laws,”
Referred to[2016] SGHC 75Case
“e enacted complying domestic legislation targeted at deterring the demand for child sex tourism from within their borders. In 2007, Singapore followed this path by introducing two provisions into the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”). The first of these provisions, s 376C, gives extra-territorial eff”
Referred to[2016] SGHC 78Case
“Criminal Law] — [Offences] — [Property] — [Criminal breach of trust; Criminal Law] — [Statutory offences] — [Penal Code”
Referred to[2016] SGHC 73Case
“Insanity (under s 84 of the General Exceptions in the Penal Code (Cap 224, 2008 Rev Ed)) has been part of our laws since the Penal Code was first promulgated in Singapore, and diminished responsibility is provided as Exception 7 to the crime of murder in s 300 of”
Referred to[2016] SGHC 82Case
“oung “don’t know any better” and may not have had enough experience to realise the full consequences of their actions on themselves and on others (Mok Ping Wuen Maurice at [21]). I also note that the Penal Code (Cap 224, 2008 Rev Ed) stipulates that nothing is an offence done by a child under 7 years of age, or by a ch”
Referred to[2016] SGHC 84Case
“eption[s]” or “proviso[s]” to criminal liability. As the illustrations to s 107 of the Evidence Act go on to show, what is contemplated are bona fide defences such as those found in Chapter IV of the Penal Code (Cap 224, 2008 Rev Ed) which either go towards justifying or excusing conduct which would otherwise attract c”
Referred to[2016] SGHC 94Case
“a result of the injuries sustained during the accident. The Public Prosecutor (“the Prosecution”) preferred a charge against the appellant for causing death by a negligent act under s 304A(b) of the Penal Code (Cap 224, 2008 Rev Ed). The appellant pleaded guilty and was sentenced by the district judge (“the DJ”) to a t”
Referred to[2016] SGCA 36Case
“death. The court held that he did. The question of what sentence to impose was never at issue, because the sentence of death was mandatory at the time. Subsequently, Parliament made amendments to the Penal Code (Cap 224, 2008 Rev Ed) to provide that a conviction for murder of the kind the applicant was found guilty of”
Referred to[2016] SGCA 37Case
“even before we had urgently convened to hear his second application – he had filed two separate originating summonses in the High Court seeking a series of declarations that various provisions in the Penal Code (Cap 224, 2008 Rev Ed) and the Penal Code (Amendment) Act 2012 (Act 32 of 2012) (“Amendment Act”) are unconst”
Referred to[2016] SGHC 103Case
“Criminal Law] — [Statutory offences] — [Penal Code; Criminal Law] — [Offences] — [Hurt; Criminal Law] — [Offences] — [Public safety][Criminal Procedure and Sentencing] — [Sentencing] — [Principles; Criminal Procedure and Sentencing] — [Appeal] — [Ple”
Referred to[2016] SGHC 107Case
“without consent. Nonetheless, I concluded that the facts proved were sufficient to justify a conviction for the offence of rape within the meaning of s 375(1)(b), but punishable under s 375(2) of the Penal Code. Therefore, I exercised the power granted to me under s 141(2) of the Criminal Procedure Code (Cap 68, 2012 R”
Referred to[2016] SGHC 102Case
“morphine that Yazid was to traffic in on 24 October 2013. There is no requirement in law that the person abetted must have the same knowledge as that of the abettor: see Explanation 3 to s 108 of the Penal Code (Cap 224, 2008 Rev Ed). As for the timing that the Malaysian courier was to meet up with Yazid, although the”
Referred to[2016] SGHC 134Case
“In the proceedings below, the Appellant pleaded guilty to two separate charges under ss 326 and 147 of the Penal Code (Cap 224, 2008 Rev Ed) (the “grievous hurt offence” and “rioting offence”, respectively) on 16 October 2015:”
Referred to[2016] SGHC 136Case
“e Prosecution’s case was that the victim did not factually give consent to either penetration. If she did, the victim was so intoxicated that her consent was invalid in law, in view of s 90(b) of the Penal Code.”
Referred to[2016] SGHC 143Case
“, Ang Zhu Ci Joshua (“the Appellant”), is a 29-year-old male Singaporean who was charged with 127 counts of filming or attempting to film “upskirt” videos under s 509, or s 511 read with s 509 of the Penal Code (Cap 224, 2008 Rev Ed), respectively. The Appellant pleaded guilty to 15 proceeded charges, with the remainin”
Referred to[2016] SGHC 151Case
“sentences imposed following a conviction entered in a District Court. The accused pleaded guilty to four proceeded charges: (a) one charge of criminal breach of trust as a servant under s 408 of the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”); (b) one charge of cheating and dishonestly inducing a delivery of p”
Referred to[2016] SGHC 161Case
“t the learned District Judge Jasvender Kaur (“the District Judge”) imposed on him for two counts of voluntarily causing hurt to his domestic helper (“the victim”) under s 323 read with s 73(2) of the Penal Code (Cap 224, 2008 Rev Ed). Two other similar charges involving the same victim were taken into consideration for”
Referred to[2016] SGHC 154Case
“st, a blood sample was collected from the accused. His DNA profile was found to match that of the unidentified male subject. This led to the arrest of the accused for an offence under s 376(2) of the Penal Code (Cap 224, 1985 Rev Ed) (“the Penal Code”).”
Referred to[2016] SGHC 156Case
“For the s 406 Penal Code (Cap 224, 2008 Rev Ed) charges (Charge 1 and the charge taken into consideration), the District Judge (“the DJ”) accepted (at [38] of Public Prosecutor v Prem Hirubalan [2016] SGDC 176 (“the GD”)) th”
Referred to[2016] SGHC 155Case
“two counts of abetting a deceitful act in connection with dealings in securities, an offence under s 201(b) of the Securities and Futures Act (Cap 289, 2002 Rev Ed) (“the SFA”) read with s 109 of the Penal Code (Cap 224, 1985 Rev Ed) (“the s 201(b) charges”). These charges arose from the appellant’s deceptive use of no”
Referred to[2016] SGHC 182Case
“by the learned district judge on the 18 year-old respondent, Ong Jack Hong (“the Respondent”), for an offence of sexual penetration of a minor under s 376A(1)(a) and punishable under s 376A(2) of the Penal Code (Cap 224, 2008 Rev Ed). The Prosecution argues that the sentence of probation is manifestly inadequate and th”
Referred to[2016] SGHC 174Case
“Eight charges under the Arms and Explosives Act (Cap 13, 2003 Rev Ed) (“the AEA”) and the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”) were preferred against the appellant. He pleaded guilty to and was convicted of three charges for the following offences:”
Referred to[2016] SGHC 178Case
“(b) five charges under s 379 of the Penal Code (“PC”) (Cap 224, 1985 Rev Ed) for theft of money from the bank through those withdrawals.”
Referred to[2016] SGHC 187Case
“There are two charges against the accused, both under s 375(1)(a) and punishable under s 375(2) of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”). The first charge (“the First Charge”) reads as follows:”
Referred to[2016] SGHC 180Case
“ry and criminal breach of trust after Mr Er made a complaint to the police. On 1 August 2012, the appellant was charged for 15 charges of forgery and two charges of criminal breach of trust under the Penal Code (Cap 224, 2008 Rev Ed). The appellant claimed trial to the charges. The two charges for criminal breach of tr”
Referred to[2016] SGHC 152Case
“The accused pleaded guilty to one charge of culpable homicide not amounting to murder under s 304(a) of the Penal Code (Cap 224, 2008 Rev Ed). The charge read as follows:”
Referred to[2016] SGHC 169Case
“(a) one count of aggravated outrage of modesty (at the first location) under s 354A(1) of the Penal Code (Cap 224, 2008 Rev Ed) (“PC”) (C2);”
Referred to[2016] SGHC 209Case
“cessary where the qualifying offence is a drug offence under the MDA or the MDA Regulations, whereas a “drug-related antecedent” is needed where the qualifying offence is a property offence under the Penal Code.”
Referred to[2016] SGHC 213Case
“(a) one charge of rape under s 375(1)(a) punishable under s 375(2) of the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”); and”
Referred to[2016] SGHC 221Case
“The accused pleaded guilty on 28 March 2016 to a total of four charges. Two of these charges (ie, the first and sixth charges) were for voluntarily causing grievous hurt under s 325 of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”), while the other two (ie, the third and fourth charges) were for ill-treatment of”
Referred to[2016] SGHC 219Case
“Criminal Revision No 3 of 2016 (“CR 3/2016”) is an application brought by the accused person, Rahimah Binte Mohd Salim (“the Petitioner”), who is charged with an offence under s 411 of the Penal Code (Cap 224, 2008 Rev Ed) and an offence under s 47(1)(b) of the Corruption, Drug Trafficking and Other Serious Crimes (Con”
Referred to[2016] SGCA 58Case
“Haliffie bin Mamat (“Haliffie”) was convicted of one count of rape under s 375(1) of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”), and one count of robbery under s 390 of the Penal Code. At trial, Haliffie admitted to the robbery charge (save that he disputed some of the items listed in the”
Referred to[2016] SGHC 235Case
“n Guay Seng Tiong Nickson v Public Prosecutor [2016] 3 SLR 1079 (“Nickson Guay”). In that case, the appellant was charged with causing the death of an infant by a negligent act under s 304A(b) of the Penal Code (Cap 224, 2008 Rev Ed)(“Penal Code”). He had failed to keep a proper lookout while making a right turn at a t”

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