Long Title
Part I PRELIMINARY
Chapter I
1 Short title
2 Interpretation
3 Trial of offences under Penal Code or against other laws
4 Saving of powers of High Court and law officers
5 Laws of England, when applicable
Part II CONSTITUTION AND POWERS OF CRIMINAL COURTS
Chapter II — COURTS IN GENERAL
6 Courts
7 Criminal jurisdiction of District Courts
8 Criminal jurisdiction of Magistrates’ Courts
9 Offences under the Penal Code
10 Enlargement of powers of Magistrate’s Court
11 Sentences
12 Corrective training and preventive detention
13 Reformative training
14 Requirements from persons subject to supervision
15 Penalty for non-compliance with section 14
16 Application of law to orders for police supervision made in the States of Malaya
17 Sentence in case of conviction for several offences at one trial
18 Consecutive sentences in certain cases
19 District Judge to hear cases under Extradition Act
Part III GENERAL PROVISIONS
Chapter III — AID AND INFORMATION TO MAGISTRATES AND POLICE AND PERSONS MAKING ARRESTS
20 Public, when to assist Magistrates, Justices of the Peace and police
21 Aid to person other than police officer executing warrant
22 Public to give information of certain matters
23 Police officer bound to report certain matters
Chapter IV — ARREST, ESCAPE AND RETAKING
Arrest generally
24 Arrest how made
25 Search of place entered by person sought to be arrested
26 Search of persons in place searched
27 Power to break open doors and windows for purposes of liberation
28 No unnecessary restraint
29 Search of persons arrested
30 Power to seize offensive weapons
31 Search of person for name and address
Arrest without a warrant
32 When police may arrest without warrant
33 Refusal to give name and residence
34 Arrest by private persons. Procedure in such cases
35 How person arrested is to be dealt with
36 Person arrested not to be detained more than 48 hours
37 Release of person arrested
38 Offence committed in Magistrate’s presence
39 Arrest by or in presence of Magistrate
40 Power on escape to pursue and retake
41 Provisions of sections 25 and 27 to apply to arrests under section 40
Chapter V — PROCESSES TO COMPEL APPEARANCE
Summons
42 Form of summons
43 Summons how served
44 Procedure when personal service cannot be effected
45 Proof of service
Warrant of arrest
46 Form of warrant of arrest
47 Court may direct by endorsement on warrant security to be taken
48 Warrants to whom directed
49 Notification of substance of warrant
50 Person arrested to be brought before court without delay
Proclamation and attachment
51 Proclamation for person absconding
52 Attachment of property of person proclaimed
53 Restoration of attached property
Other rules regarding summonses to appear and warrants of arrest
54 Issue of warrant in lieu of or in addition to summons
55 Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam
56 Detention of offenders attending in court
Miscellaneous
57 Proceedings against corporations
Chapter VI — PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
Summons to produce
58 Summons to produce document or other thing
59 Procedure as to letters, etc.
60 Sections 42, 43, 44 and 45 to apply
Search warrants
61 When search warrant may be issued
62 Search of house suspected to contain stolen property, forged documents, etc.
63 Form of search warrant
64 Search for persons wrongfully confined
65 Persons in charge of closed place to allow search
66 List of all things seized to be made and signed
67 Power of court to impound document or other thing produced
68 Powers of police to seize property suspected to be stolen
68A Forfeiture of counterfeit coin or counterfeit currency note or bank note, etc.
69 When search may be made without warrant
70 Summary search
Part IV PREVENTION OF OFFENCES
Chapter VII — SECURITY FOR KEEPING THE PLACE AND FOR GOOD BEHAVIOUR
Security for keeping the peace on conviction
71 Security for keeping the peace on conviction
72 Security for keeping the peace by complainant
Security for keeping the peace in other cases and security for good behaviour
73 Security for keeping the peace in other cases
74 Security for good behaviour from suspected persons and vagrants, etc., and from persons disseminating seditious matter
75 Security for good behaviour from habitual offenders
76 Order to be made
77 Procedure in respect of person present in court
78 Summons or warrant in case of person not so present
79 Copy of order issued under section 76 to accompany summons or warrant
80 Power to dispense with personal attendance
81 Inquiry as to the truth of information
82 Order to give security
83 Discharge of person informed against
Proceedings in all cases subsequent to order to furnish security
84 Commencement of period for which security is required
85 Contents of bond
86 Power to reject sureties
87 Imprisonment in default of security
88 Power to release person imprisoned for failing to give security
89 Magistrate to report to superior court and such court may order release
90 Discharge of sureties
Chapter VIII — UNLAWFUL ASSEMBLIES
91 Who may order unlawful assembly to disperse
92 When unlawful assembly may be dispersed by use of civil force
93 Use of military force
94 Magistrate may require any officer in command of troops to disperse unlawful assembly
95 When a commissioned officer may disperse unlawful assembly by military force
96 Protection against prosecution for acts done under this Chapter
Chapter IX — PUBLIC NUISANCES
97 District Court may make conditional order for removal of nuisance, etc.
98 Order to be served or notified
99 Person against whom order is made to obey or appear and show cause
100 Consequence of his failing to do so
101 Procedure where he appears to show cause
102 Procedure on order being made absolute
103 Consequence of disobedience to order
104 Injunction pending final decision
105 Power to prohibit repetition or continuance of nuisance
Chapter X — TEMPORARY ORDERS IN URGENT CASES OF NUISANCE
106 Power to issue final order at once in urgent cases of nuisance
Chapter XI — DISPUTES AS TO IMMOVABLE PROPERTY
107 Procedure where dispute concerning land, etc., is likely to cause breach of peace
108 Power to attach subject of dispute
109 Dispute concerning easements, etc.
110 Order as to costs
Chapter XII — PREVENTIVE ACTION OF THE POLICE
111 Police to prevent offences
112 Information of design to commit offences
113 Arrest to prevent seizable offences
114 Prevention of injury to public property
Part V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE
Chapter XIII
115 Information of offences
116 Information in non-seizable cases
117 Admission of certified copy of information as evidence of original entry
118 Investigation in seizable cases
119 Procedure where seizable offence suspected
120 Police officer’s power to require attendance of witnesses
121 Examination of witnesses by police
122 Admissibility of statements to police
123 Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when charged, etc.
124 Power to record statements and confessions
125 Search by police officer
125A Power to access computer
125B Power to access decryption information
126 Police officer may require bond for appearance of complainant and witnesses
127 Diary of proceedings in investigation
Part VI PROCEEDINGS IN PROSECUTIONS
Chapter XIV — CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
128 Cognizance of offences by Magistrate’s Court
129 Sanction required for prosecution for certain offences
130 Where complaint by Attorney-General is necessary
131 Where complaint by person aggrieved
132 (Repealed)
Chapter XV — COMPLAINTS TO MAGISTRATES
133 Examination of complainant
134 Postponement of process
135 Power to compel restoration of abducted persons
Chapter XVI — COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES’ COURTS
136 Issue of summons or warrant
137 Personal attendance of accused may be dispensed with
137A Pleading guilty by electronic means
Chapter XVII — PRELIMINARY INQUIRIES INTO CASES TRIABLE BY HIGH COURT
138 Procedure in inquiries preparatory to commitment
139 Committal for trial where accused wishes to plead guilty
140 Committal for trial on written statements
141 Written statements before examining Magistrate
142 When accused person to be discharged
143 When charge to be framed
144 Committal when defence reserved
145 Defence of accused
146 Discharge or committal after defence
147 List of witnesses for defence on trial
148 Bonds of witnesses
149 Attendance at trial of person making report
150 Procedure after committal of accused for trial
151 Power to summon supplementary witnesses
152 Custody of accused pending trial
153 Addresses
154 Restrictions on reports of preliminary inquiries
155 Notice of alibi
156 Provisions of this Chapter to prevail
157 Rules
Chapter XVIII — THE CHARGE
158 Form of charge
159 Particulars as to time, place and person or thing
160 When manner of committing offence must be stated
161 Sense of words used in charge to describe offence
162 Effect of errors
163 Court may alter charge
164 When trial may proceed immediately after alteration
165 When new trial may be directed or trial suspended
166 Stay of proceedings if prosecution of offence in altered charge requires previous sanction
167 Recall of witnesses when charge is framed or altered
168 Separate charges for distinct offences
169 Joinder of similar offences
170 Trial for more than one offence
171 Separate trial when accused prejudiced
172 Where it is doubtful what offence has been committed
173 When a person charged with one offence can be convicted of another
174 Conviction of attempt or abetment
175 When offence proved is included in offence charged
176 What persons may be charged jointly
177 Withdrawal of remaining charges on conviction on one of several charges
178 Outstanding offences
179 Charge to be in form given in Schedule B
Chapter XIX — SUMMARY TRIALS BY MAGISTRATES’ COURTS OR DISTRICT COURTS
180 Procedure in summary trials
181 Addresses
182 Notice of alibi
183 Particulars to be recorded
184 Public Prosecutor may decline further to prosecute at any stage of summary trial
Chapter XX — TRANSFER OF CASES
185 High Court’s power to transfer cases
186 Transfer of cases by other courts
Chapter XXI — TRIALS BEFORE HIGH COURT
187 Commencement of trial
188 Opening case for prosecution
189 Procedure after conclusion of case for prosecution
190 Defence
191 Reply
192 Finding and sentence
193 Public Prosecutor may decline further to prosecute at any stage
194 Trial before a single Judge
Chapter XXII — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
195 Right of accused to be defended
196 Accused not to make a statement without being sworn or affirmed
197 Procedure where accused does not understand proceedings
198 Power to postpone or adjourn proceedings
199 Compounding of offences under Penal Code
199A Compounding of offences under other written laws
200 Change of District Judge or Magistrate during trial
201 Detention of offenders attending in court
Chapter XXIII — MODE OF TAKING AND RECORDING EVIDENCE IN ENQUIRIES AND TRIALS
203 Evidence to be taken in presence of accused
204 Recording of evidence
205 Manner of recording evidence
206 Evidence recorded to be signed
207 Record to be in narrative form
208 Reading over evidence and correction
209 Interpretation of evidence to accused
210 Remarks as to demeanour of witness
211 Judge to take notes of evidence
Chapter XXIV — JUDGMENT
212 Mode of delivering judgment
213 No sentence of death against person under 18 years
214 Sentence of death not to be passed on pregnant woman
215 Judgment in the alternative
216 Judgment of death
217 Judgment not to be altered
218 Judgment to be explained to accused and copy supplied
219 Judgment to be filed with record
Chapter XXV — SENTENCES AND THE CARRYING OUT THEREOF
220 Provisions as to execution of sentences of death
221 Provisions as to execution of sentences of High Court other than sentences of death
222 Provisions as to execution of sentences of inferior courts
223 Date of commencement of sentence
224 Provisions as to sentence of fine
225 Suspension of execution in certain cases
226 Warrant by what Judge, District Judge or Magistrate issuable
227 Place for executing sentence of caning
228 Time of executing such sentence
229 Mode of executing such sentence
230 Conviction for two or more offences punishable with caning
231 Execution of sentence of caning in certain cases forbidden
232 Medical officer’s certificate required
233 Procedure if punishment cannot be inflicted under section 232
234 Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
235 Youthful offender may be dealt with in manner provided by the Children and Young Persons Act, instead of being imprisoned
236 Return of warrant
Chapter XXVI — SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES
237 Power to suspend or remit sentence
238 Power to commute punishment
Chapter XXVII — PREVIOUS ACQUITTALS OR CONVICTIONS
239 Person once convicted or acquitted not to be tried again for offence on same facts
240 Plea of previous acquittal or conviction
Part VII APPEALS, POINTS RESERVED AND REVISION
Chapter XXVIII — APPEALS
241 Cases in which appeal lies
242 (Repealed)
243 Orders on appeal; action thereon
244 When plea of guilty limited right of appeal
245 Appeal against acquittal
246 Copy of record to be supplied
247 Procedure for appeal
248 Bail pending appeal
249 Copy of record, grounds of decision, notice and petition of appeal to be sent to the High Court and to the respondent
250 Appeal specially allowed in certain cases
251 Stay of execution pending appeal
252 Setting down appeal on list
253 Procedure at hearing
254 Non-appearance of respondent
255 Arrest of respondent in certain cases
256 Decision on appeal
257 Order to take further evidence
258 Judgment
259 Consequence of judgment
260 Death of parties to appeal
261 Grounds for reversal of judgment, etc., of District Court or Magistrate’s Court
262 Costs
Chapter XXIX — POINTS RESERVED
263 Reservation of points of law and stating of cases
264 Determination and order
265 (Repealed)
Revision of proceedings before subordinate courts
266 Power to call for records of subordinate courts
267 Power to order further inquiry
268 Power of court on revision
269 Permission for parties to appear
270 Orders on revision
Part VIII SPECIAL PROCEEDINGS
Chapter XXX — INQUIRIES OF DEATHS
271 Interpretation
Procedure in case of unnatural death
272 Notice of death by superintendents of institutions
273 Duty of police on receiving information
Coroner’s order for burial of body
274 View of body by Coroner or burial without view
275 Burial order where inquiry to be held
Inquiries
276 Holding of inquiry
277 Inquiry in case of person dying in institution or suffering capital punishment
278 Power of Public Prosecutor to require inquiry to be held
279 Inquiry where body destroyed or irrecoverable
280 Adjournment of inquiry in cases of murder, culpable homicide not amounting to murder, or causing death by rash or negligent act, when any person has been charged before a court in connection with such death
281 Power of Public Prosecutor to direct further investigation in certain cases
282 Post mortem examination of body
283 Medical report of examination
Procedure at inquiries
284 Inquiries to be made by Coroner
285 Coroner may summon witnesses
286 Evidence how recorded
287 Powers of Coroner
288 Right of accused person to be present
289 Right of accused person to examine medical officer
290 Statement of accused person
291 Recording of finding of Coroner
292 Prosecution by Coroner’s order
293 Course when guilty party unknown
294 Certificate of Commissioner of Police
295 Adjournment of inquiries
296 Inquiry may be held by Coroner other than the one who viewed the body
297 Inquiry may be continued by Coroner other than the one commencing it
298 Inquiry held in private
299 Depositions to be sent to Public Prosecutor
Exhumation of body
300 Exhumation
Offences
301 Penalty where body is buried without authority
302 Inquiry when to be deemed a proceeding between Public Prosecutor and accused
Miscellaneous provisions
303 Admissibility of deposition on trial
304 Admissibility of medical report in certain cases
305 Custody of proceedings
306 Death of workman to be reported to Commissioner for Labour
Chapter XXXI — PERSONS OF UNSOUND MIND
307 Interpretation
308 Procedure when accused is suspected to be of unsound mind
309 Certificate of medical superintendent
310 Release of person of unsound mind pending investigation or trial
311 Resumption of inquiry or trial
312 Resumption of proceedings under section 308
313 When accused appears to have been of unsound mind
314 Judgment of acquittal on ground of mental disorder
315 Safe custody of person acquitted
316 Visiting of prisoners of unsound mind
317 Procedure when person of unsound mind reported able to make defence
318 Procedure when person of unsound mind reported fit for discharge
319 Delivery of person of unsound mind to care of relative
Chapter XXXII — PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
320 Procedure as to offences committed in court, etc.
321 Record of facts constituting the offence
322 Alternative procedure
323 Power to remit punishment
324 Refusal to give evidence
325 Appeal
326 Magistrate not to try certain offences committed before himself
Chapter XXXIII — ORDER FOR REVIEW OF DETENTION
327 Application for Order for Review of Detention
328 Orders for Review of Detention
329 Application for bail
330 Court martial
331 Removal of prisoner from one custody to another
332 Attendance of prisoner as witness in criminal court
333 Duty of officer to whom writ or warrant is addressed
334 Special powers of Registrar in absence of a Judge
335 No appeal
Part IX SUPPLEMENTARY PROVISIONS
Chapter XXXIV — ATTORNEY-GENERAL AND PUBLIC PROSECUTOR
336 Public Prosecutor
337 Attorney-General may exhibit informations
338 Persons to be deemed to have been brought before High Court in due course of law
339 When Public Prosecutor may direct that accused person be discharged
340 When Public Prosecutor may direct Magistrate’s Court to take further evidence
341 Supplemental inquiry
342 Public Prosecutor may by fiat designate court of trial when criminal offence disclosed
343 Procedure when court designated is High Court
344 Procedure when court designated is not High Court
345 Witnesses to be notified of change of court
346 Public Prosecutor may issue subsequent fiat
347 Public Prosecutor may alter or redraw charge
348 Public Prosecutor may order proceedings before Magistrate’s Court to be transmitted to him
349 Public Prosecutor may thereupon give instructions to Magistrate
Chapter XXXV — BAIL
350 Person released on bail to give address for service
351 When person may be released on bail
352 When person accused of non-bailable offence may be released on bail
353 Amount of bond
354 High Court’s powers to vary bail
355 Bond to be executed
356 Person to be released
357 When warrant of arrest may be issued against person bailed
Chapter XXXVI — PROVISIONS AS TO BONDS
358 Sureties may apply to have bond discharged
359 Cash deposit instead of sureties
360 Arrest on breach of bond for appearance
361 Procedure on forfeiture of bond
362 Appeal from orders
363 Power to direct levy of amount due on bond
Chapter XXXVII — SPECIAL PROVISIONS RELATING TO EVIDENCE
364 Procedure where person able to give material evidence is dangerously ill
364A Evidence through live video or live television links
365 Evidence in relation to criminal matter pending in foreign state
366 Where person bound to give evidence intends to leave Singapore
367 Deposition of medical witness
368 Deposition of certain other witnesses
369 Report of certain persons
370 (Repealed)
371 Proof by written statement
372 How previous conviction or acquittal may be proved
373 When receivers, etc., charged, evidence of other cases allowed
374 When evidence of previous conviction may be given
375 Record of evidence in absence of accused
376 Proof by formal admission
377 Hearsay evidence to be admissible only by virtue of this Code and other written law
378 Admissibility of out-of-court statements as evidence of facts stated
379 Restrictions on admissibility of statements by virtue of section 378
380 Admissibility of certain records as evidence of facts stated
381 Provisions supplementary to section 378 or 380
382 Admissibility of hearsay evidence by agreement of parties
383 Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions of this Chapter
384 Saving for exceptions to rule against hearsay in Evidence Act
385 Application of sections 378 to 383 to statements of opinion
Chapter XXXVIII — DISPOSAL Of PROPERTY
386 Order for disposal of property
387 Direction instead of order
388 Payment to innocent person of money found on accused
389 Stay of order
390 Destruction of libellous and other matter
391 Restoration of possession of immovable property
392 Procedure by police on seizure of property
393 Procedure when no claim established
394 Procedure where owner is absent
Chapter XXXIX — MISCELLANEOUS
Irregularities in proceedings
395 Omission to frame charge
396 Irregularities not to vitiate proceedings
397 Irregularity in distress
Affidavits
398 Affidavits before whom sworn
Witnesses called by court
399 Power of court to summon and examine persons
Copies of proceedings
400 Copies of proceedings
Compensation and costs
401 Order for payment of costs of prosecution and compensation
402 Power to award compensation and costs
403 Provisions as to money payable as costs or compensation
404 Reward for unusual exertions
405 Compensation for family of a person killed in arresting
406 Any court may order payment of expenses of witnesses
Rules
407 Minister to make rules as to rates, etc.
408 Application of fines
409 Forms
FIRST SCHEDULE A Tabular Statement of Offences under the Penal Code
SECOND SCHEDULE B
THIRD SCHEDULE C Release on Licence of Persons Sentenced to Corrective Training or Preventive Detention
FOURTH SCHEDULE D Release of Persons Sentenced to Reformative Training
Legislative History
(Original Enactment: Ordinance 2 of 1980)