Singapore legislation

Section 42P

of Presidential Elections Act 1991

Section 42P

Defences

Amended byAct 9 of 2023 wef 01/06/2023

(1)

In any proceedings for an offence under Subdivision (1), (2) or (3), it is a defence to the charge if the accused proves, on a balance of probabilities, that —

(a)

the accused —

(i)

did not know and could not reasonably have known that the offence would be or is being committed; and

(ii)

took all reasonable steps and exercised all due diligence to prevent or stop the commission of the offence or further commission of that offence when the accused became aware that it was committed; or

(b)

the commission of the offence arose from circumstances beyond the accused’s control.

(2)

Every offence under Subdivision (1), (2) or (3) or any election advertising regulations is an arrestable offence within the meaning of the Criminal Procedure Code 2010.

Amended byAct 9 of 2023 wef 01/06/2023