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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
| NO. 2] | Friday, February 1 | [2008 |
The following Act was passed by Parliament on 23rd October 2007 and assented to by the President on 6th November 2007:—
Penal Code (Amendment) Act 2007
(No. 51 of 2007)
I assent.
S R NATHAN,
President. 6th November 2007. |
Date of Commencement: 1st February 2008
An Act to amend the Penal Code (Chapter 224 of the 1985 Revised Edition) and to make related and consequential amendments to certain other written laws.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
1. This Act may be cited as the Penal Code (Amendment) Act 2007 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2. The Penal Code is amended by inserting, immediately after section 3, the following section:
4. 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.”.
3. Section 21 of the Penal Code is amended by deleting paragraphs (i) and (j) and substituting the following paragraph:
“(i)
a member of the Public Service Commission or the Legal Service Commission constituted under Part IX of the Constitution.”.
4. Section 27 of the Penal Code is amended —
(a)
by deleting the word “wife” and substituting the word “spouse”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Property in possession of spouse, clerk or servant”.
5. Section 29 of the Penal Code is repealed and the following sections substituted therefor:
29. The word “document” includes, in addition to a document in writing —
(a)
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, sound-track 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.
29A. The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
29B. The expression “electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88).”.
6. The Penal Code is amended by renumbering section 30 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
7. The Penal Code is amended by inserting, immediately after section 31, the following section:
31A. For the purposes of Chapters XII and XVIII —
“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, sound-track or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means.”.
8. Section 38 of the Penal Code is amended by deleting the words “by names” and substituting the words “by means”.
9. Section 40(2) of the Penal Code is amended —
(a)
by deleting the words “and VA, and in sections 71, 109, 110, 112, 114, 115, 116, 117,” and substituting the words “, V and VA, and in sections 4, 71,”; and
(b)
by inserting “204B,” immediately after “203,”.
10. The Penal Code is amended by inserting, immediately after section 40, the following sections:
41. 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.
42. 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.”.
11. Section 43 of the Penal Code is amended —
(a)
by inserting, immediately after the word “ “illegal” ” in the 1st line, the words “or “unlawful” ”;
(b)
by inserting, immediately after the word “illegal” in the last line, the words “or unlawful”; and
(c)
by deleting the marginal note and inserting the following section heading:
““Illegal”, “unlawful” and “legally bound to do”.”
12. The Penal Code is amended by inserting, immediately after section 53, the following section:
13. Section 57 of the Penal Code is repealed.
14. Section 71(1) of the Penal Code is amended by deleting the word “his”.
15. The Penal Code is amended by inserting, immediately after section 73, the following section:
74.
—(1) Where a person is convicted of an offence specified in subsection (2) which is racially or religiously aggravated, the court may sentence the person to one and a half times the amount of punishment to which he would otherwise have been liable for that offence.
(2) The offence referred to in subsection (1) is as follows:
(a)
an offence under section 143, 144, 145, 147, 148, 151, 153, 158, 267B, 267C, 323, 324, 325, 341, 342, 343, 344, 346, 352, 354, 355, 357, 363A, 504, 505, 506, 507 or 509; or
(b)
an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, any offence under paragraph (a).
(3) Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68) —
(a)
a Magistrate’s Court shall have jurisdiction to hear and determine all proceedings for the offences punishable under sections 143, 151, 153, 323, 343, 344, 346, 354 (1), 355, 504, 505 and 507 and shall have power to award the full punishment provided under subsection (1) in respect of those offences; and
(b)
a District Court shall have jurisdiction to hear and determine all proceedings for the offences punishable under sections 144, 145, 147, 148, 158, 267C, 324, 325, 354 (2), 363A and 506 and shall have power to award the full punishment provided under subsection (1) in respect of those offences.
(4) For the purposes of this section, an offence is racially or religiously aggravated if —
(a)
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 —
“membership”, in relation to a racial or religious group, includes association with members of that group;
“presumed” means presumed by the offender.”.
16. Section 75 of the Penal Code is amended —
(a)
by deleting the words “or having been convicted in any part of Malaysia or in Brunei Darussalam of an offence of a nature similar to any of those offences,” in the 3rd to 6th lines;
(b)
by deleting the colon at the end of the 11th line and substituting the words “; but if he is not sentenced to imprisonment for life, he shall not in any case be liable to imprisonment for a term exceeding 15 years.”; and
(c)
by deleting the proviso.
17. Section 79 of the Penal Code is amended ––
(a)
by deleting the word “Illustration” and substituting the word “Illustrations”; and
(b)
by re-lettering the existing illustration as illustration (a) and by inserting immediately thereafter the following illustrations:
“(b)
A, a police officer, is deployed to perform the duty of screening passengers boarding a flight at the airport. A sees Z, a passenger queuing up to be screened, acting suspiciously. As A approaches Z, Z suddenly shouts aloud that he is carrying a bomb and warns A not to approach further. As A draws his revolver, Z suddenly starts to run away. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.
(c)
A, a police officer, is deployed to perform patrol duty at an underground train station. A receives information from police headquarters that someone is attempting to plant a bomb in the public transport system. The profile of the suspect is also provided. While patrolling the underground train station, A sees Z, who fits the profile. Z is seen carrying a backpack and behaving suspiciously. A approaches Z and orders him to stop. Z suddenly starts running towards a crowd in the station. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.
(d)
X, the commander of a naval vessel, is patrolling Singapore territorial waters. X receives information that someone may hijack a vessel in order to commit a terrorist act. X spots vessel A which is proceeding at high speed towards a cruise liner. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. Vessel A instead starts accelerating towards the cruise liner. X, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that vessel A is going to ram into the cruise liner. X gives an order to fire at vessel A. The persons on board vessel A die as a result. X has committed no offence, even though it may turn out that vessel A was not hijacked nor were there any terrorist on board.”.
18. Section 81 of the Penal Code is amended by inserting, immediately after illustration ( b), the following illustration:
“(c)
X, the commander of a naval vessel, is deployed in response to a threat of a terrorist attack against a ferry terminal in Singapore. X receives information that vessel A, with a crew of 6, has been hijacked by terrorists and is approaching the ferry terminal at great speed and is likely to collide into the terminal. There is insufficient time to evacuate the persons at the terminal, which is estimated to be about 100. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. However, vessel A continues her advance towards the terminal. Here, if X gives an order to fire at vessel A to disable it, without any intention to cause harm to the crew members of vessel A, and in good faith for the purpose of avoiding the danger to the persons at the terminal, he is not guilty of an offence. This is so even though he knows that he is likely to cause harm to the crew members of vessel A, if it be found as a matter of fact that the danger which X intends to avoid is such as to excuse him in incurring the risk of firing at vessel A.”.
19. Section 90 of the Penal Code is repealed and the following section substituted therefor:
90. 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 under 12 years of age.”.
20. Section 94 of the Penal Code is amended by inserting, immediately after the words “that person” in the 5th line, the words “or any other person”.
21. Section 100 of the Penal Code is amended by deleting paragraph (d) and substituting the following paragraph:
“(d)
an assault with the intention of committing non-consensual penile penetration of the anus;”.
22. The Penal Code is amended by inserting, immediately after section 108A, the following section:
23. Section 117 of the Penal Code is amended by deleting the illustration and substituting the following illustration:
Illustrations
A, an employee at a worksite, affixes a placard at the worksite where more than 10 persons are employed. A instigates the workers to damage property at the worksite if their demand for a pay rise is not met. A has committed an offence under this section.”.
24. The Penal Code is amended by renumbering section 120A as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
25. Section 120B of the Penal Code is repealed and the following section substituted therefor:
26. Section 121B of the Penal Code is amended by deleting the word “invests” and substituting the word “invents”.
27. Section 130C of the Penal Code is amended by deleting the marginal note and inserting the following section heading:
“Piratical acts”.
28. The Penal Code is amended by inserting, immediately after section 130C, the following Chapter:
“CHAPTER VIB
GENOCIDE
130D. 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.
29. Chapter VIII of the Penal Code is amended by deleting the chapter heading and substituting the following chapter heading:
“OFFENCES RELATING TO UNLAWFUL ASSEMBLY”.
30. Section 141 of the Penal Code is amended by deleting paragraph (c) and substituting the following paragraph:
“(c)
to commit any offence;”.
31. Section 151A of the Penal Code is repealed.
32. Sections 159 and 160 of the Penal Code are repealed.
33. Section 167 of the Penal Code is amended ––
(a)
by inserting, immediately after the word “document” wherever it appears, the words “or electronic record”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Public servant framing an incorrect document or electronic record with intent to cause injury”.
34. Section 172 of the Penal Code is amended by inserting, immediately after the words “a document” in the 9th line, the words “or an electronic record”.
35. Section 173 of the Penal Code is amended by inserting, immediately after the words “a document” in the 16th line, the words “or an electronic record”.
36. Section 175 of the Penal Code is amended ––
(a)
by inserting, immediately after the word “document” wherever it appears, the words “or electronic record”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Omission to produce a document or an electronic record to a public servant by a person legally bound to produce such document or electronic record”.
37. Section 182 of the Penal Code is amended ––
(a)
by deleting the words “orally or in writing” in the 2nd line; and
(b)
by deleting illustration (c) and substituting the following illustration:
“(c)
A falsely informs a policeman that he has been assaulted and robbed by a person whose identity he does not know. A also mentions that he often sees that person going in and out of a block of flats, knowing it to be likely that in consequence of this information, the police will make inquiries and institute searches in the block of flats to the annoyance of the flat dwellers or some of them. A has committed an offence under this section.”.
38. Section 192 of the Penal Code is amended ––
(a)
by inserting, immediately after the words “book or record” in the 2nd line, the words “or electronic record”; and
(b)
by inserting, immediately after the word “document” in the 3rd line, the words “or electronic record”.
39. Section 204 of the Penal Code is amended ––
(a)
by inserting, immediately after the word “document” in the 1st and 5th lines, the words “or electronic record”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Destruction of document or electronic record to prevent its production as evidence”.
40. The Penal Code is amended by inserting, immediately after section 204, the following sections:
204A. Whoever intentionally obstructs, prevents, perverts or defeats the course of justice shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
Explanation.––A mere warning to a witness that he may be prosecuted for perjury if he gives false evidence is insufficient to constitute an offence.
204B.
—(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 will 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 to withhold true testimony or to 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 shall as a witness in any judicial proceeding give false testimony or withhold true testimony or will 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.”.
41. Section 211 of the Penal Code is amended by deleting the words “shall be punishable” in the 10th line and substituting the words “shall be punished”.
42. Section 230 of the Penal Code is amended —
(a)
by deleting the words “or of any other part of the Commonwealth” in the definition of “Coin”; and
(b)
by deleting the definition of “Current coin” and substituting the following definition:
“ “Current coin” means coin which is legal tender in Singapore or in any foreign country.”.
43. Section 236 of the Penal Code is amended —
(a)
by inserting, immediately after the word “coin” wherever it appears, the words “or current coin”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Abetting in Singapore the counterfeiting out of Singapore of coin or current coin”.
44. The Penal Code is amended by inserting, immediately after section 241, the following section:
“Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be counterfeit
241A. Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which is a counterfeit of current coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.”.
45. Section 243A of the Penal Code is repealed.
46. Section 254 of the Penal Code is amended by deleting the words “, 247, 248 or 249,” in the 6th line and substituting the words “or 248”.
47. The Penal Code is amended by inserting, immediately after section 254, the following section:
“Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be altered
254A. Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 247 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.”.
48. Chapter XIV of the Penal Code is amended by deleting the chapter heading and substituting the following chapter heading:
“offences affecting the public tranquility,
public health, safety, convenience,
decency and morals”.
public health, safety, convenience,
decency and morals”.
49. The Penal Code is amended by inserting, immediately before section 268, the following sections:
267A. Where 2 or more persons disturb the public peace by fighting in a public place, they are said to “commit an affray”.
267B. 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.
267C. 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.”.
50. Section 292 of the Penal Code is amended —
(a)
by deleting paragraph (a) and substituting the following paragraph:
“(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)
by inserting, immediately after the word “exports” in paragraph (b), the words “, transmits by electronic means”;
(c)
by inserting, immediately after the word “produced,” in paragraph (c), the words “transmitted by electronic means,”; and
(d)
by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:
“(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) For the purposes of this section and section 293, an object shall be deemed not to be obscene if the sale, letting to hire, distribution, exhibition, circulation, import, export or conveyance of, or any other dealing in, the object is authorised by or under any written law.”.
51. Section 293 of the Penal Code is amended by deleting the words “20 years” and substituting the words “21 years”.
52. Chapter XV of the Penal Code is amended by deleting the chapter heading and substituting the following chapter heading:
“OFFENCES RELATING TO RELIGION OR RACE”.
53. Section 298 of the Penal Code is amended —
(a)
by inserting, immediately after the word “religious”, the words “or racial”;
(b)
by inserting, immediately after the word “person,” in the 5th line, the words “or causes any matter however represented to be seen or heard by that person,”; and
(c)
by deleting the marginal note and inserting the following section heading:
“Uttering words, etc., with deliberate intent to wound the religious or racial feelings of any person”.
54. The Penal Code is amended by inserting, immediately after section 298, the following section:
“Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony
298A. 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.”.
55. Section 304A of the Penal Code is amended by deleting the words “shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.” and substituting the following words:
“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.”.
56. Section 307(1) of the Penal Code is amended by deleting illustration ( b) and substituting the following illustration:
“(b)
A, with intention of causing the death of a child of tender years, throws the child into a river. A has committed the offence defined by this section, although the death of the child does not ensue.”.
57. Section 319 of the Penal Code is amended by inserting, immediately below that section, the following Explanation:
“Explanation.––A person is said to cause hurt if he causes another person to be unconscious.”.
58. Section 320 of the Penal Code is amended ––
(a)
by inserting, immediately after paragraph (a), the following paragraph:
“(aa)
death;”; and
(b)
by deleting the full-stop at the end of paragraph (h) and substituting a semi-colon, and by inserting immediately thereafter the following paragraph:
“(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.”.
59. Section 336 of the Penal Code is amended by deleting the words “shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $250, or with both.” and substituting the following words:
“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.”.
60. Section 337 of the Penal Code is amended by deleting the words “shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $500, or with both.” and substituting the following words:
“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.”.
61. Section 338 of the Penal Code is amended by deleting the words “shall be punished with imprisonment for a term which may extend to 2 years, or with fine which may extend to $1,000, or with both.” and substituting the following words:
“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.”.
62. Section 350 of the Penal Code is amended ––
(a)
by deleting illustrations (b) and (c) and substituting the following illustrations:
“(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.”; and
(b)
by deleting illustration (i).
63. Section 354 of the Penal Code is repealed and the following section substituted therefor:
354.
—(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 under 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.”.
64. The Penal Code is amended by inserting, immediately after section 363, the following section:
65. The Penal Code is amended by inserting, immediately after section 364, the following section:
364A. Whoever —
(a)
kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction; and
(b)
threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person,
in order to compel —
(i)
the Government to do or abstain from doing any act, shall be punished with death or imprisonment for life, and shall, if he is not sentenced to death, also be liable to fine or to caning; or
(ii)
any other person to do or abstain from doing any act shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.”.
66. Section 367 of the Penal Code is amended by deleting the words “or to the unnatural lust of any person” and substituting the words “or to non-consensual penile penetration of the anus”.
67. Chapter XVI of the Penal Code is amended by deleting the sub-heading “ Rape” immediately above section 375 and substituting the following sub-heading:
“Sexual offences”.
68. Sections 375 to 376D of the Penal Code are repealed and the following sections substituted therefor:
375.
—(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 under 14 years of age,
shall be guilty of an offence.
(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) ––
(i)
voluntarily causes hurt to the woman or to any other person; or
(ii)
puts her in fear of death or hurt to herself or any other person; or
(b)
commits an offence under subsection (1) with a woman under 14 years of age without her consent,
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.
(4) No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence —
(a)
his wife was living apart from him ––
(i)
under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
(ii)
under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
(iii)
under a judgment or decree of judicial separation; or
(iv)
under a written separation agreement;
(b)
his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
(c)
there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
(d)
there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
(e)
his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
(5) Notwithstanding subsection (4), no man shall be guilty of an offence under subsection (1)(b) for an act of penetration against his wife with her consent.
376.
—(1) Any man (A) who —
(a)
penetrates, with A’s penis, the anus or mouth of another person (B); or
(b)
causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,
shall be guilty of an offence if B did not consent to the penetration.
(2) Any person (A) who —
(a)
sexually penetrates, with a part of A’s body (other than A’s penis) 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 (C); or
(c)
causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) 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.
(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; or
(b)
commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age,
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.
376A.
—(1) Any person (A) who —
(a)
penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);
(b)
sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);
(c)
causes a man under 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
(d)
causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,
with or without B’s consent, shall be guilty of an offence.
(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 10 years, or with fine, or with both.
(3) Whoever commits an offence under this section against a person (B) who is under 14 years of age 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) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.
(5) No man shall be guilty of an offence under subsection (1)(a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence —
(a)
his wife was living apart from him ––
(i)
under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
(ii)
under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
(iii)
under a judgment or decree of judicial separation; or
(iv)
under a written separation agreement;
(b)
his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
(c)
there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
(d)
there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
(e)
his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
376B.
—(1) Any person who obtains for consideration the sexual services of a person, who is under 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 under 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; or
(b)
penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis.
376C.
—(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.
(2) A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B.
376D.
—(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.
376E.
—(1) Any person of or above the age of 21 years (A) shall be guilty of an offence if having met or communicated with another person (B) on 2 or more previous occasions ––
(a)
A intentionally meets B or travels with the intention of meeting B; 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 under 16 years of age; and
(iii)
A does not reasonably believe that B is of or above the age of 16 years.
(2) In subsection (1), “relevant offence” means an offence under ––
(a)
section 354, 354A, 375, 376, 376A, 376B, 376F, 376G or 377A;
(b)
section 7 of the Children and Young Persons Act (Cap. 38); or
(c)
section 140(1) of the Women’s Charter (Cap. 353).
(3) For the purposes of this section, it is immaterial whether the 2 or more previous occasions of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.
(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.
376F.
—(1) Any person (A) shall be guilty of an offence if —
(a)
A intentionally touches another person (B) who has a mental disability;
(b)
the touching is sexual and B consents to the touching;
(c)
A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and
(d)
A knows or could reasonably be expected to know that B has a mental disability.
(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 2 years, or with fine, or with both.
(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 10 years, or with fine, or with both.
(4) No person shall be guilty of an offence under this section for any act with that person’s spouse.
(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;
“touching” includes touching —
(a)
with any part of the body;
(b)
with anything else; or
(c)
through anything,
and includes penetration.
376G.
—(1) Any man of or above the age of 16 years (A) who —
(a)
sexually penetrates the vagina or anus of a woman (B) with a part of A’s body (other than A’s penis) or anything else; or
(b)
penetrates the vagina, anus or mouth of a woman (B) with his penis,
with or without B’s consent where B is to A’s knowledge A’s grand-daughter, daughter, sister, half-sister, mother or grandmother (whether such relationship is or is not traced through lawful wedlock), shall be guilty of an offence.
(2) Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1)(a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence.
(3) Subject to subsection (4), 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.
(4) If a man commits an offence under subsection (1) against a woman under 14 years of age, he shall be punished with imprisonment for a term which may extend to 14 years.
(5) A woman who is guilty of an offence under subsection (2) shall be punished with imprisonment for a term which may extend to 5 years.”.
69. Chapter XVI of the Penal Code is amended by deleting the sub-heading “ Unnatural offences” immediately above section 377.
70. Section 377 of the Penal Code is repealed and the following section substituted therefor:
377.
—(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.”.
71. The Penal Code is amended by inserting, immediately after section 377A, the following sections:
377B.
—(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 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.
377C. In sections 375 to 377B ––
(a)
penetration is a continuing act from entry to withdrawal;
(b)
references to a part of the body include references 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 (Cap. 201) at the time the sexual activity took place shall be prima facie evidence of the sex of that person; and
(ii)
a person who has undergone a sex reassignment procedure shall be identified as being of the sex to which that person has been reassigned;
(d)
penetration, touching 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)
“vagina” includes vulva.
377D.
—(1) Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A(2), 376B or 376C.
(2) In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —
(a)
the age of 16 years, shall be a valid defence to a charge of an offence under section 376A(2); or
(b)
the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C.
(3) For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140(1)(i) of the Women’s Charter (Cap. 353).”.
72. Section 379A of the Penal Code is amended —
(a)
by deleting the words “of not less than one year and not more than” in subsection (1) and substituting the words “which may extend to”;
(b)
by deleting the words “and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than 3 years” in subsection (2) and substituting the words “, be disqualified for such period as the court may order”; and
(c)
by deleting the definition of “component part” in subsection (3) and substituting the following 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.”.
73. Section 383 of the Penal Code is amended —
(a)
by deleting the words “injury to that person or to any other” and substituting the words “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
(b)
by deleting illustration (c) and substituting the following illustration:
“(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.”.
74. Section 385 of the Penal Code is repealed and the following section substituted therefor:
385. 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.”.
75. Section 397 of the Penal Code is amended by inserting, immediately after the word “offender” in the 4th line, the words “, and any other person jointly concerned in committing or attempting to commit such robbery,”.
76. Section 411 of the Penal Code is repealed and the following section substituted therefor:
411.
—(1) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the property to be stolen property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
(2) If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —
(a)
shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and
(b)
may 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 (Cap. 276).”.
77. Section 414 of the Penal Code is repealed and the following section substituted therefor:
414.
—(1) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
(2) If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —
(a)
shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and
(b)
may 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 (Cap. 276).”.
78. Section 415 of the Penal Code is amended —
(a)
by inserting, immediately after the word “person,” in the 1st line, the words “whether or not such deception was the sole or main inducement,”;
(b)
by inserting, immediately after the word “omit” in the 6th line, the words “to do”;
(c)
by deleting the words “that person” and substituting the words “any person”; and
(d)
by inserting, immediately after “ Explanation 2”, the following Explanation:
“Explanation 3.––Whoever makes a representation through any agent is to be treated as having made the representation himself.”.
79. Section 427 of the Penal Code is amended —
(a)
by deleting “$25” and substituting “$500”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Committing mischief and thereby causing damage to the amount of $500”.
80. Section 428 of the Penal Code is repealed and the following section substituted therefor:
81. Section 429 of the Penal Code is repealed.
82. Section 430 of the Penal Code is amended —
(a)
by inserting, immediately after the word “agricultural”, the words “or industrial”; and
(b)
by deleting the words “or for carrying on any manufacture,”.
83. Section 435 of the Penal Code is amended —
(a)
by deleting the words “to the amount of $50 or upwards”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Mischief by fire or explosive substance with intent to cause damage”.
84. Section 454 of the Penal Code is amended by deleting the words “the imprisonment shall be for a term of not less than 18 months and not more than 10 years” and substituting the words “shall be punished with imprisonment for a term which may extend to 10 years”.
85. Chapter XVIII of the Penal Code is amended by deleting the chapter heading and substituting the following chapter heading:
“OFFENCES RELATIING TO DOCUMENTS OR
ELECTRONIC RECORDS, FALSE INSTRUMENTS,
AND TO CURRENCY NOTES AND BANK NOTES”.
ELECTRONIC RECORDS, FALSE INSTRUMENTS,
AND TO CURRENCY NOTES AND BANK NOTES”.
86. Section 463 of the Penal Code is amended ––
(a)
by inserting, immediately after the word “document” in the 1st line, the words “or electronic record”; and
(b)
by inserting, immediately after the words “a document” in the 1st and 2nd lines, the words “or an electronic record”.
87. Section 464 of the Penal Code is repealed (excluding the illustrations and Explanations) and the following section substituted therefor:
464.
—(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 (Cap. 88).”.
88. Section 466 of the Penal Code is amended ––
(a)
by inserting, immediately after the words “a document” in the 1st line, the words “or an electronic record”; and
(b)
by inserting, immediately after the word “document” in the 4th and 5th lines, the words “or electronic record”.
89. Section 467 of the Penal Code is amended by deleting the word “son” in the 2nd line and substituting the word “child”.
90. Section 468 of the Penal Code is amended by inserting, immediately after the word “document”, the words “or electronic record”.
91. Section 469 of the Penal Code is amended by inserting, immediately after the word “document”, the words “or electronic record”.
92. Section 470 of the Penal Code is repealed and the following section substituted therefor:
93. Section 471 of the Penal Code is amended —
(a)
by inserting, immediately after the word “document” in the 2nd and last lines, the words “or electronic record”;
(b)
by inserting, immediately after the words “forged document”, the words “or forged electronic record”; and
(c)
by deleting the marginal note and inserting the following section heading:
“Using as genuine a forged document or forged electronic record”.
94. The Penal Code is amended by inserting, immediately after section 473, the following sections:
473A. 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.
473B. 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.
473C.
—(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.”.
95. Section 474 of the Penal Code is amended —
(a)
by inserting, immediately after the word “document” in the 1st and 4th lines, the words “or electronic record”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Having possession of certain document or electronic record known to be forged, with intent to use it as genuine”.
96. Section 476 of the Penal Code is amended ––
(a)
by inserting, immediately after the word “document” in the 3rd and 6th lines, the words “or electronic record”; and
(b)
by deleting the marginal note and inserting the following section heading:
“Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material”.
97. Section 477 of the Penal Code is amended by deleting the word “son” and substituting the word “child”.
98. Section 477A of the Penal Code is amended ––
(a)
by inserting, immediately after the word “alters,” in the 3rd line, the word “conceals,”; and
(b)
by inserting, immediately after the word “book,” in the 4th and 10th lines, the words “electronic record,”.
99. Section 489A(2) of the Penal Code is amended by deleting the words “, 489D and 489E” and substituting the words “and 489D”.
100. Section 489E of the Penal Code is repealed.
101. Section 498 of the Penal Code is repealed.
102. Section 499 of the Penal Code is amended by inserting, immediately after “ Explanation 4”, the following Explanation:
“Explanation 5.––An imputation may be made or published in written, electronic or other media.”.
103. Section 505 of the Penal Code is amended ––
(a)
by inserting, immediately after the word “report” in the 2nd line, the words “in written, electronic or other media”; and
(b)
by inserting, immediately after the word “report” in the 3rd line of the Exception, the words “in written, electronic or other media”.
104. Section 511 of the Penal Code is amended —
(a)
by deleting the word “Whoever” in the 1st line and substituting the words “Subject to subsection (2), whoever”;
(b)
by deleting the colon at the end of the 9th line and substituting a full-stop;
(c)
by deleting the proviso; and
(d)
by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
105. The provisions of the Penal Code specified in the first column of the First Schedule are amended in the manner set out in the second column thereof.
106. The provisions of the Penal Code specified in the first column of the Second Schedule are amended in the manner set out in the second column thereof.
107. The provisions of the Acts specified in the first column of the Third Schedule are amended in the manner set out in the second column thereof.
108.
—(1) Section 11(1) of the Criminal Procedure Code (Cap. 68) is amended by deleting the words “provided that in no case shall the 3 punishments of imprisonment, fine and caning be inflicted on any person for the same offence”.
(2) Section 22(1) of the Criminal Procedure Code is amended by deleting the words “section 160” in the 4th line of paragraph (a) and substituting the words “section 267B”.
(3) The Criminal Procedure Code is amended by inserting, immediately after section 68, the following section:
68A.
—(1) Any police officer, not below the rank of sergeant, upon being satisfied that any person has in his possession —
(a)
counterfeit coin or current coin or any die, instrument or material for the purpose of counterfeiting any coin or current coin; or
(b)
forged or counterfeit currency note or bank note or any machinery, instrument or material used for the forging or counterfeiting of any currency note or bank note,
may without warrant and with or without assistance enter and search any place where any such coin, currency note or bank note or any such die, machinery, instrument or material is kept and seize all such coins, notes, die, machinery, instrument or material.
(2) Anything seized under subsection (1) shall, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.
(3) In this section, “coin”, “current coin”, “die” and “instrument” have the same meanings as in the Penal Code (Cap. 224).”.
(4) Section 129(1) of the Criminal Procedure Code is amended by deleting the words “or 228” in paragraph (b) and substituting the words “, 228, 376C or 376G”.
(5) Section 132 of the Criminal Procedure Code is repealed.
(6) Section 175(3) of the Criminal Procedure Code is amended by deleting the words “any offence referred to in section 131 or 132” and substituting the words “an offence referred to in section 131”.
(7) Section 364A(2) of the Criminal Procedure Code is amended by deleting “377” in paragraph (c) and substituting “377B”.
(8) Schedule A to the Criminal Procedure Code is repealed and the following Schedule substituted therefor:
“SCHEDULE A
Sections 2, 9, 136 (1) and 199 (1)
Tabular Statement of Offences under the Penal Code
&xa0;.—(1) The entries in the second and seventh columns of this Schedule, headed respectively “Offence” and “Maximum punishment under the Penal Code” are not intended as definitions of the offences and punishments described in the several corresponding sections of the Penal Code, or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the first column. In the case of many offences punishable by fine the maximum fine is limited by the Penal Code: such offences are, in the seventh column marked*.
(2) The entries in the third column of this Schedule are not intended in any way to restrict the powers of arrest without warrant which may be lawfully exercised by police officers.
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Penal Code Section | Offence | Whether the police may ordinarily arrest without warrant or not | Whether a warrant or a summons shall ordinarily issue in the first instance | Whether bailable of right or not | Whether compoundable or not | Maximum punishment under the Penal Code | By what court triable besides the High Court |
CHAPTER V — ABETMENT | |||||||
109 | Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment | May arrest without warrant, if arrest for the offence abetted may be made without warrant but not otherwise | According as to whether a warrant or summons may issue for the offence abetted | According as to whether the offence abetted is bailable or not | According as to whether the offence abetted is compoundable or not | The same punishment as for the offence abetted | The court by which the offence abetted is triable |
110 | Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
111 | Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso | Ditto | Ditto | Ditto | Ditto | The same punishment as for the offence intended to be abetted | Ditto |
113 | Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor | Ditto | Ditto | Ditto | Ditto | The same punishment as for the offence committed | Ditto |
114 | Abetment of any offence, if the abettor is present when offence is committed | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
115 | Abetment of an offence punishable with death or imprisonment for life, if the offence is not committed in consequence of the abetment | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
115 | If an act which causes harm is done in consequence of the abetment | Ditto | Ditto | Ditto | Ditto | Imprisonment for 14 years, and fine | Ditto |
116 | Abetment of an offence punishable with imprisonment, if the offence is not committed in consequence of the abetment | Ditto | Ditto | According as to whether the offence abetted is bailable or not | Ditto | Imprisonment extending to a quarter of the longest term provided for the offence, or fine, or both | Ditto |
116 | If the abettor or the person abetted is a public servant whose duty it is to prevent the offence | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to half of the longest term provided for the offence, or fine, or both | Ditto |
117 | Abetting the commission of an offence by the public, or by more than 10 persons | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
118 | Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence is committed | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
118 | If the offence is not committed | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Ditto |
119 | A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence is committed | Ditto | Ditto | According as to whether the offence abetted is bailable or not | Ditto | Imprisonment extending to half of the longest term provided for the offence, or fine, or both | Ditto |
119 | If the offence is punishable with death or imprisonment for life | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 15 years, and fine | Ditto |
119 | If the offence is not committed | Ditto | Ditto | According as to whether the offence abetted is bailable or not | Ditto | Imprisonment extending to a quarter of the longest term provided for the offence, or fine, or both | Ditto |
119 | If the offence is punishable with death or imprisonment for life but is not committed | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
120 | Concealing a design to commit an offence punishable with imprisonment, if the offence is committed | Ditto | Ditto | According as to whether the offence is bailable or not | Ditto | Imprisonment extending to a quarter of the longest term provided for the offence, or fine, or both | Ditto |
120 | If the offence is not committed | Ditto | Ditto | Ditto | Ditto | Imprisonment extending to one-eighth of the longest term provided for the offence, or fine, or both | Ditto |
CHAPTER VA — CRIMINAL CONSPIRACY | |||||||
120B | Criminal conspiracy | May arrest without warrant if arrest for the offence the object of the conspiracy may be made without warrant, but not otherwise | According as to whether warrant or summons may issue for the offence the object of the conspiracy | According as to whether the offence the object of the conspiracy is bailable or not | Not compoundable | The same punishment as if the offence the object of the conspiracy was abetted | The court by which the offence the object of the conspiracy is triable |
CHAPTER VI — OFFENCES AGAINST THE STATE | |||||||
121 | Waging or attempting to wage war, or abetting the waging of war, against the Government | May arrest without warrant | Warrant | Not bailable | Not compoundable | Death, or imprisonment for life, and fine | |
121A | Offences against the President’s person | Ditto | Ditto | Ditto | Ditto | Ditto | |
121B | Offences against authority | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, and fine | |
121C | Abetting offences under section 121A or 121B | Ditto | Ditto | Ditto | Ditto | Punishment provided for offences under section 121A or 121B | |
121D | Intentional omission to give information of offences against section 121, 121A, 121B or 121C | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, or fine, or both | District Court |
122 | Collecting arms, etc., with the intention of waging war against the Government | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 20 years, and fine | |
123 | Concealing with intent to facilitate a design to wage war | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine | |
124 | Assaulting the President, etc., with intent to compel or restrain the exercise of any lawful power | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 20 years, and fine | |
125 | Waging war against any power in alliance or at peace with the Government or abetting the waging of such war | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 15 years, and fine, or fine | |
126 | Committing depredation on the territories of any power in alliance or at peace with the Government | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine, and forfeiture of certain property | District Court |
127 | Receiving property taken by war or depredation mentioned in sections 125 and 126 | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine, and forfeiture of property so received | Ditto |
128 | Public servant voluntarily allowing prisoner of State or war in his custody to escape | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 15 years, and fine | |
129 | Public servant negligently suffering prisoner of State or war in his custody to escape | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
130 | Aiding escape of, rescuing, or harbouring, such prisoner, or offering any resistance to the recapture of such prisoner | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 15 years, and fine | |
CHAPTER VIA — PIRACY | |||||||
130B | Piracy by law of nations | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for life, and caning | |
130B | While committing or attempting to commit piracy, the person commits murder or attempts to commit murder, or does any act which is likely to endanger the life of another person | Ditto | Ditto | Ditto | Ditto | Death | |
130C | Piratical acts | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and caning | |
CHAPTER VIB — GENOCIDE | |||||||
130E | Genocide where offence consists of the killing of any person | May arrest without warrant | Warrant | Not bailable | Not compoundable | Death | |
130E | Genocide in any other case | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 20 years | |
CHAPTER VII — OFFENCES RELATING TO THE ARMED FORCES | |||||||
131 | Abetting mutiny, or attempting to seduce an officer, a sailor, a soldier or an airman from his allegiance or duty | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for life, or imprisonment for 10 years, and fine | |
132 | Abetment of mutiny, if mutiny is committed in consequence thereof | Ditto | Ditto | Ditto | Ditto | Death, or imprisonment for life, or imprisonment for 10 years, and fine | |
133 | Abetment of an assault by an officer, a sailor, a soldier or an airman on his superior officer, when in the execution of his office | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
134 | Abetment of such assault, if the assault is committed | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
135 | Abetment of the desertion of an officer, a sailor, a soldier or an airman | Ditto | Ditto | Bailable | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
136 | Harbouring such an officer, a sailor, a soldier or an airman who has deserted | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
137 | Deserter concealed on board merchant vessel, through negligence of master or person in charge thereof | Shall not arrest without warrant | Summons | Ditto | Ditto | Fine* | Ditto |
138 | Abetment of act of insubordination by an officer, a sailor, a soldier or an airman, if the offence is committed in consequence | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment for 6 months, or fine, or both | Ditto |
140 | Wearing garb or carrying any token used by a sailor, a soldier or an airman with intent that it may be believed that he is such | Ditto | Summons | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
CHAPTER VIII — OFFENCES RELATING TO UNLAWFUL ASSEMBLY | |||||||
143 | Being member of an unlawful assembly | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
144 | Joining an unlawful assembly armed with any deadly weapon | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or caning, or any combination of such punishments | Ditto |
145 | Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
147 | Rioting | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and caning | Ditto |
148 | Rioting, armed with a deadly weapon | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and caning | Ditto |
149 | Offence committed by member of an unlawful assembly, other members guilty | According as to whether arrest may be made without warrant for the offence or not | According as to whether a warrant or summons may issue for the offence | According as to whether the offence is bailable or not | Ditto | The same as for the offence | The court by which offence is triable |
150 | Hiring, engaging or employing persons to take part in an unlawful assembly | May arrest without warrant | According to the offence committed by the person hired, engaged or employed | Ditto | Ditto | The same as for a member of such assembly, and for any offence committed by any member of such assembly | Ditto |
151 | Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse | Ditto | Warrant | Not bailable | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
152 | Assaulting or obstructing public servant when suppressing riot, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 8 years, or fine, or both | Ditto |
153 | Wantonly giving provocation with intent to cause riot, if rioting is committed | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
153 | If not committed | Ditto | Ditto | Bailable | Ditto | Imprisonment for one year, or fine, or both | Ditto |
154 | Owner or occupier of land not giving information of riot, etc. | Shall not arrest without warrant | Summons | Ditto | Ditto | Fine* | Ditto |
155 | Person for whose benefit or on whose behalf a riot takes place not using all lawful means to prevent it | Ditto | Ditto | Ditto | Ditto | Fine | Ditto |
156 | Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
157 | Harbouring persons hired for an unlawful assembly | May arrest without warrant | Warrant | Not bailable | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
158 | Being hired to take part in an unlawful assembly or riot | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
158 | Or to go armed | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
CHAPTER IX — OFFENCES BY OR RELATING TO PUBLIC SERVANTS | |||||||
161 | Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act | May arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
162 | Taking a gratification in order by corrupt or illegal means to influence a public servant | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
163 | Taking a gratification for the exercise of personal influence with a public servant | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Ditto |
164 | Abetment by public servant of the offences defined in sections 162 and 163 with reference to himself | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
165 | Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business transacted by the public servant | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
166 | Public servant disobeying a direction of the law with intent to cause injury to any person | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Ditto |
167 | Public servant framing an incorrect document or electronic record with intent to cause injury | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
168 | Public servant unlawfully engaging in trade | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Ditto |
169 | Public servant unlawfully buying or bidding for property | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both, and confiscation of property, if purchased | Ditto |
170 | Personating a public servant | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
171 | Wearing garb or carrying token used by public servant with fraudulent intent | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
CHAPTER X — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS | |||||||
172 | Absconding to avoid service of summons or other proceeding from a public servant | May arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for one month, or fine*, or both | Magistrate’s Court or District Court |
172 | If summons or notice requires attendance in person, etc., in a court of justice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
173 | Preventing the service or the affixing of any summons or notice, or the removal of it when it has been affixed, or preventing a proclamation | Ditto | Ditto | Ditto | Ditto | Imprisonment for one month, or fine*, or both | Ditto |
173 | If summons, etc., requires attendance in person, etc., in a court of justice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
174 | Not obeying a legal order to attend at a certain place in person or by agent, or departing therefrom without authority | Ditto | Ditto | Ditto | Ditto | Imprisonment for one month, or fine*, or both | Ditto |
174 | If the order requires personal attendance, etc., in a court of justice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
175 | Intentionally omitting to produce a document or an electronic record to a public servant by a person legally bound to produce or deliver such document or electronic record | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for one month, or fine*, or both | The court in which the offence is committed subject to the provisions of Chapter XXXII, or if not committed in a court, a District Court |
175 | If the document or electronic record is required to be produced in or delivered to a court of justice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
176 | Intentionally omitting to give notice or information to a public servant by a person legally bound to give the notice or information | Ditto | Ditto | Ditto | Ditto | Imprisonment for one month, or fine*, or both | Magistrate’s Court or District Court |
176 | If the notice or information required respects the commission of an offence, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
177 | Knowingly furnishing false information to a public servant | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
177 | If the information required respects the commission of an offence, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
178 | Refusing oath when duly required to take an oath by a public servant | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | The court in which the offence is committed, subject to the provisions of Chapter XXXII, or if not committed in a court, a District Court |
179 | Being legally bound to state truth, and refusing to answer questions to a public servant | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
180 | Refusing to sign a statement made to a public servant when legally required to do so | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 months, or fine*, or both | Ditto |
181 | Knowingly stating to a public servant on oath as true that which is false | Ditto | Warrant | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
182 | Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person | Ditto | Summons | Ditto | Ditto | Imprisonment for one year, or fine*, or both | Ditto |
183 | Resistance to the taking of property by the lawful authority of a public servant | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
184 | Obstructing sale of property offered for sale by authority of a public servant | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for one month, or fine*, or both | Ditto |
185 | Bidding by a person under a legal incapacity to purchase it, for property at a lawfully authorised sale, or bidding without intending to perform the obligations incurred thereby | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
186 | Obstructing public servant in discharge of his public functions | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 months, or fine*, or both | Ditto |
187 | Omission to assist public servant when bound by law to give such assistance | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for one month, or fine*, or both | Ditto |
187 | Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
188 | Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for one month, or fine*, or both | Ditto |
188 | If such disobedience causes danger to human life, health or safety, etc. | Ditto | Warrant | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
189 | Threatening a public servant with injury to him, or one in whom he is interested, to induce him to do or forbear to do any official act | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
190 | Threatening any person to induce him to refrain from making a legal application for protection from injury | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Ditto |
CHAPTER XI — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE | |||||||
193 | Giving or fabricating false evidence in a judicial proceeding | Shall not arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 7 years, and fine | District Court |
193 | Giving or fabricating false evidence in any other case | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
194 | Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence | May arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment for life, or imprisonment for 20 years, and fine | |
194 | If innocent person is thereby convicted and executed | Ditto | Ditto | Ditto | Ditto | Death, or as above | |
195 | Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or imprisonment for 7 years or upwards | According as to whether arrest may be made without warrant for the offence or not | Ditto | Ditto | Ditto | The same as for the offence | |
196 | Corruptly using or attempting to use evidence known to be false or fabricated | Shall not arrest without warrant | Ditto | Bailable | Ditto | The same as for giving or fabricating false evidence | District Court |
197 | Knowingly issuing or signing a false certificate relating to any fact of which that certificate is by law admissible in evidence | Ditto | Ditto | Ditto | Ditto | The same as for giving false evidence | Ditto |
198 | Using as a true certificate one known to be false in a material point | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
199 | False statement made in any declaration which is by law receivable as evidence | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
200 | Using as true any such declaration known to be false | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
201 | Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender, if the offence is capital | According as to whether arrest may be made without warrant for the offence or not | Ditto | Not bailable | Ditto | Imprisonment for 10 years, and fine | Ditto |
201 | If punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Magistrate’s Court or District Court |
201 | If punishable with imprisonment for less than 20 years | Ditto | Ditto | Bailable | Ditto | Imprisonment for a quarter of the longest term provided for the offence, or fine, or both | Ditto |
202 | Intentional omission to give information of an offence by a person legally bound to inform | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 6 months, or fine, or both | Ditto |
203 | Giving false information respecting an offence committed | Ditto | Warrant | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
204 | Secreting or destroying any document or electronic record to prevent its production as evidence | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
204A | Obstructing, preventing, perverting or defeating course of justice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
204B | Bribery of witnesses | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
205 | False personation for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
206 | Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
207 | Claiming property without right, or practising deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
208 | Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
209 | False claim in a court of justice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, and fine | Ditto |
210 | Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
211 | False charge of offence made with intent to injure | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
211 | If offence charged is punishable with death, or imprisonment for a term of 7 years or upwards | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
212 | Harbouring an offender, if the offence is capital | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
212 | If punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Magistrate’s Court or District Court |
212 | If punishable with imprisonment for one year and not for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for a quarter of the longest term provided for the offence, or fine, or both | Ditto |
213 | Taking gift, etc., to screen an offender from punishment, if the offence is capital | According as to whether arrest may be made without warrant for the offence or not | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
213 | If punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Magistrate’s Court or District Court |
213 | If punishable with imprisonment for less than 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for a quarter of the longest term provided for the offence, or fine, or both | Ditto |
214 | Offering gift or restoration of property in consideration of the screening offender, if the offence is capital | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
214 | If punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Magistrate’s Court or District Court |
214 | If punishable with imprisonment for less than 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for a quarter of the longest term provided for the offence, or fine, or both | Ditto |
215 | Taking gift to help to recover movable property of which a person has been deprived by an offence, without causing apprehension of offender | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
216 | Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence is capital | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
216 | If punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Magistrate’s Court or District Court |
216 | If punishable with imprisonment for one year and not for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for a quarter of the longest term provided for the offence, or fine, or both | Ditto |
216A | Harbouring robbers or gang-robbers | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
217 | Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
218 | Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture | Ditto | Warrant | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
219 | Public servant in a judicial proceeding corruptly making or pronouncing an order, a report, a verdict or a decision which he knows to be contrary to law | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
220 | Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
221 | Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is capital | According as to whether arrest may be made without warrant for the offence or not | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
221 | If punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Magistrate’s Court or District Court |
221 | If punishable with imprisonment for less than 20 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
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, if under sentence of death | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life, or imprisonment for 20 years, and fine | |
222 | If under sentence of imprisonment for 20 years or upwards | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
222 | If under sentence of imprisonment for less than 20 years, or lawfully committed to custody | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, or fine, or both | Magistrate’s Court or District Court |
223 | Escape from confinement negligently suffered by a public servant | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
224 | Resistance or obstruction by a person to his lawful apprehension | May arrest without warrant | Warrant | Ditto | Ditto | Ditto | Ditto |
225 | Resistance or obstruction to the lawful apprehension of another person, or rescuing him from lawful custody | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
225 | If charged with an offence punishable with imprisonment for life or imprisonment for 20 years | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
225 | If charged with a capital offence | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
225 | If the person is sentenced to imprisonment for 10 years or upwards | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
225 | If under sentence of death | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 15 years, and fine | |
225A | Intentional omission to apprehend on the part of a public servant bound by law to apprehend any person in a case not provided for by section 221, 222 or 223 | Ditto | Ditto | Bailable | Ditto | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
225A | Negligent omission to do same | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
225B | Resistance or obstruction by a person to the lawful apprehension of himself or any other person in a case not otherwise provided for | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Ditto |
225C | Illegal act or omission for which punishment is not provided | Shall not arrest without warrant | Summons | Ditto | Ditto | Fine* | Ditto |
226 | Unlawful return from banishment | May arrest without warrant | Warrant | Not bailable | Ditto | Imprisonment for the original term of banishment or expulsion, and fine | |
227 | Violation of condition of remission of punishment | Shall not arrest without warrant | Ditto | Ditto | Ditto | Punishment of original sentence, or, if part of the punishment has been undergone, the residue | |
228 | Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding | Ditto | Summons | Bailable | Ditto | Imprisonment for one year, or fine*, or both | The court in which the offence is committed, subject to the provisions of Chapter XXXII |
229 | Personation of an assessor | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
CHAPTER XII — OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS | |||||||
231 | Counterfeiting, or performing any part of the process of counterfeiting coin | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 7 years, and fine | District Court |
232 | Counterfeiting, or performing any part of the process of counterfeiting current coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
233 | Making, buying or selling instrument for the purpose of counterfeiting coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
234 | Making, buying or selling instrument for the purpose of counterfeiting current coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
235 | Possession of instrument or material for the purpose of using the same for counterfeiting coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
235 | If current coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
236 | Abetting in Singapore the counterfeiting out of Singapore of coin or current coin | Ditto | Ditto | Ditto | Ditto | The punishment provided for abetting the counterfeiting of such coin or current coin within Singapore | Ditto |
237 | Import or export of counterfeit coin, knowing the same to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
238 | Import or export of counterfeits of current coin, knowing the same to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
239 | Having any counterfeit coin known to be such when it came into possession, and delivering, etc., the same to any person | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine | Ditto |
240 | The same with respect to current coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Ditto |
241 | Knowingly delivering to another any counterfeit coin as genuine which, when first possessed, the deliverer did not know to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine*, or both | Magistrate’s Court or District Court |
241A | Delivery to another of current coin as genuine which, when first possessed, the deliverer did not know to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | District Court |
242 | Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
243 | Possession of current coin by a person who knew it to be counterfeit when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine | District Court |
246 | Fraudulently diminishing the weight or altering the composition of any coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
247 | Fraudulently diminishing the weight or altering the composition of current coin | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
248 | Altering appearance of any coin with intent that it shall pass as a coin of a different description | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
249 | Altering appearance of current coin with intent that it shall pass as a coin of a different description | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
250 | Delivery to another of coin possessed with the knowledge that it is altered | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine | Magistrate’s Court or District Court |
251 | Delivery of current coin possessed with the knowledge that it is altered | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
252 | Possession of altered coin by a person who knew it to be altered when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
253 | Possession of current coin by a person who knew it to be altered when he became possessed thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine | Ditto |
254 | Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine* | Ditto |
254A | Delivery to another of current coin as genuine which, when first possessed, the deliverer did not know to be altered | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | District Court |
255 | Counterfeiting a Government stamp | Ditto | Ditto | Bailable | Ditto | Imprisonment for 10 years, and fine | Ditto |
256 | Having possession of an instrument or material for the purpose of counterfeiting a Government stamp | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Ditto |
257 | Making, buying or selling instrument for the purpose of counterfeiting a Government stamp | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
258 | Sale of counterfeit Government stamp | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
259 | Having possession of a counterfeit Government stamp | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
260 | Using as genuine a Government stamp known to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | Ditto |
261 | Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it with intent to cause loss to Government | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
262 | Using a Government stamp known to have been before used | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
263 | Erasure of mark denoting that stamp has been used | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
CHAPTER XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES | |||||||
264 | Fraudulent use of false instrument for weighing | Shall not arrest without warrant | Summons | Bailable | Not compoundable | Imprisonment for one year, or fine, or both | Magistrate’s Court or District Court |
265 | Fraudulent use of false weight or measure | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
266 | Being in possession of false weights or measures for fraudulent use | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
267 | Making or selling false weights or measures for fraudulent use | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
CHAPTER XIV — OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS | |||||||
267B | Committing affray | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for one year, or fine*, or both | Magistrate’s Court or District Court |
267C | Making, printing, etc., document containing incitement to violence, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
269 | Negligently doing any act known to be likely to spread infection of any disease dangerous to life | Ditto | Summons | Bailable | Ditto | Imprisonment for one year, or fine, or both | Ditto |
270 | Malignantly doing any act known to be or likely to spread infection of any disease dangerous to life | Ditto | Warrant | Ditto | Ditto | Imprisonment for 4 years, or fine, or both | Ditto |
271 | Knowingly disobeying any quarantine rule | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
272 | Adulterating food or drink intended for sale, so as to make the same noxious | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
273 | Selling any food or drink as food and drink knowing the same to be noxious | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
274 | Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to change its operation, or to make it noxious | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
275 | Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
276 | Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
277 | Fouling the water of a public spring or reservoir | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for one year, or fine*, or both | Ditto |
278 | Making atmosphere noxious to health | Shall not arrest without warrant | Ditto | Ditto | Ditto | Ditto | Ditto |
279 | Driving or riding on a public way so rashly or negligently as to endanger human life, etc. | May arrest without warrant | Ditto | Ditto | Ditto | Ditto | Ditto |
280 | Navigating any vessel so rashly or negligently as to endanger human life, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
281 | Exhibition of a false light, mark or buoy | Ditto | Warrant | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
282 | Conveying for hire any person by water, in a vessel in such a state, or so loaded, as to endanger his life | Ditto | Summons | Ditto | Ditto | Imprisonment for one year, or fine*, or both | Magistrate’s Court or District Court |
283 | Causing danger, obstruction or injury in any public way or line of navigation | Ditto | Ditto | Ditto | Ditto | Fine* | Ditto |
284 | Dealing with any poisonous substance so as to endanger human life, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine*, or both | Ditto |
285 | Dealing with fire or any combustible matter so as to endanger human life, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
286 | Dealing with any explosive substance so as to endanger human life, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
287 | Dealing with any machinery so as to endanger human life, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
288 | Omitting to take order to guard against probable danger to human life by the fall of any building being pulled down or repaired | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
289 | Omitting to take order with any animal in person’s possession, so as to guard against danger to human life, or to grievous hurt, from that animal | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
290 | Committing a public nuisance | Ditto | Ditto | Ditto | Ditto | Fine* | Ditto |
291 | Continuance of nuisance after injunction to discontinue | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine, or both | Ditto |
292 | Sale, etc., of obscene books, etc. | Ditto | Warrant | Ditto | Ditto | Imprisonment for 3 months, or fine, or both | Ditto |
293 | Sale, etc., of obscene objects to persons under the age of 21 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Ditto |
294 | Doing obscene act or reciting obscene song in a public place | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 months, or fine, or both | Ditto |
CHAPTER XV — OFFENCES RELATING TO RELIGION OR RACE | |||||||
295 | Destroying, damaging, or defiling a place of worship or sacred object with intent to insult the religion of any class of persons | May arrest without warrant | Summons | Bailable | Not compoundable | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
296 | Causing a disturbance to an assembly engaged in religious worship | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
297 | Trespassing in place of worship or sepulture, disturbing funeral, with intention to wound the feelings or to insult the religion of any person, or offering indignity to a human corpse | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
298 | Uttering any word or making any sound in the hearing, or making any gesture, or placing any object in the sight of any person or causes any matter however represented to be seen or heard by that person, with intention to wound his religious or racial feeling | Shall not arrest without warrant | Ditto | Ditto | Compoundable by the person whose religious or racial feeling is intended to be wounded | Ditto | Ditto |
298A | Promoting enmity between different groups on grounds of religion or race, and doing acts prejudicial to maintenance of harmony | Ditto | Ditto | Ditto | Not compoundable | Ditto | Ditto |
CHAPTER XVI — OFFENCES AFFECTING THE HUMAN BODY | |||||||
Offences affecting life | |||||||
302 | Murder | May arrest without warrant | Warrant | Not bailable | Not compoundable | Death | |
304(a) | Culpable homicide not amounting to murder if act by which the death is caused is done with intention of causing death, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 20 years, and fine, or caning | |
304(b) | If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, or fine, or caning, or any combination of such punishments | |
304A(a) | Causing death by rash act | Ditto | Ditto | Bailable | Ditto | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
304A(b) | Causing death by negligent act | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
305 | Abetment of suicide committed by a child, or insane or delirious person or, an idiot, or a person intoxicated | Ditto | Ditto | Not bailable | Ditto | Death, or imprisonment for life, or imprisonment for 10 years, and fine | |
306 | Abetting the commission of suicide | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | |
307(1) | Attempt to murder | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine | |
307(1) | If hurt is caused to any person by such act | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 20 years, and caning, or fine, or both | |
307(2) | Attempt by life-convict to murder, if hurt is caused | Ditto | Ditto | Ditto | Ditto | Death | |
308 | Attempt to commit culpable homicide not amounting to murder | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
308 | If hurt is caused to any person by such act | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, or fine, or caning, or any combination of such punishments | |
309 | Attempt to commit suicide | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Magistrate’s Court or District Court |
311 | Infanticide | Ditto | Ditto | Bailable | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | District Court |
Causing miscarriage; injuries to unborn children; exposure of infants; and concealment of births | |||||||
312 | Causing miscarriage | Shall not arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
312 | If the woman is quick with child | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
313 | Causing miscarriage without woman’s consent | May arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
314 | Death caused by an act done with intent to cause miscarriage | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | |
314 | If act done without woman’s consent | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
315 | Act done with intent to prevent a child being born alive, or to cause the child to die after his birth | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, or fine, or both | |
316 | Causing death of a quick unborn child by an act amounting to culpable homicide | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | |
317 | Exposure of a child under 12 years of age by parent or person having care of such child, with intention of wholly abandoning the child | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
318 | Concealment of birth by secret disposal of dead body | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
Hurt | |||||||
323 | Voluntarily causing hurt | Shall not arrest without warrant | Summons | Bailable | Compoundable by the person hurt | Imprisonment for 2 years, or fine*, or both | Magistrate’s Court or District Court |
324 | Voluntarily causing hurt by dangerous weapons or means | May arrest without warrant | Ditto | Ditto | Not compoundable | Imprisonment for 7 years, or fine, or caning, or any combination of such punishments | Ditto |
325 | Voluntarily causing grievous hurt | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine, or caning | Ditto |
326 | Voluntarily causing grievous hurt by dangerous weapons or means | Ditto | Warrant | Not bailable | Ditto | Imprisonment for life, or imprisonment for 15 years, and fine, or caning | District Court |
327 | Voluntarily causing hurt to extort property or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of an offence | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine, or caning | Ditto |
328 | Administering stupefying drug with intent to cause hurt, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
329 | Voluntarily causing grievous hurt to extort property or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of an offence | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine, or caning | Ditto |
330 | Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, and fine, or caning | Ditto |
331 | Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc. | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 10 years, and fine, or caning | Ditto |
332 | Voluntarily causing hurt to deter public servant from his duty | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, or fine, or caning, or any combination of such punishments | Magistrate’s Court or District Court |
333 | Voluntarily causing grievous hurt to deter public servant from his duty | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 15 years, and fine, or caning | District Court |
334 | Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation | Shall not arrest without warrant | Summons | Bailable | Compoundable by the person hurt | Imprisonment for 3 months, or fine*, or both | Magistrate’s Court or District Court |
335 | Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for 6 years, or fine*, or both | Ditto |
336(a) | Doing any rash act which endangers human life or the personal safety of others | Ditto | Ditto | Ditto | Not compoundable | Imprisonment for 6 months, or fine*, or both | Ditto |
336(b) | Doing any negligent act which endangers human life or the personal safety of others | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 months, or fine*, or both | Ditto |
337(a) | Causing hurt by a rash act which endangers human life, etc. | Ditto | Ditto | Ditto | Compoundable by the person hurt | Imprisonment for one year, or fine*, or both | Ditto |
337(b) | Causing hurt by a negligent act which endangers human life, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 6 months, or fine*, or both | Ditto |
338(a) | Causing grievous hurt by a rash act which endangers human life, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 4 years, or fine*, or both | Ditto |
338(b) | Causing grievous hurt by a negligent act which endangers human life, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine*, or both | Ditto |
Wrongful restraint and wrongful confinement | |||||||
341 | Wrongfully restraining any person | May arrest without warrant | Summons | Bailable | Compoundable by the person hurt | Imprisonment for one month, or fine*, or both | Magistrate’s Court or District Court |
342 | Wrongfully confining any person | Ditto | Ditto | Ditto | Ditto | Imprisonment for one year, or fine*, or both | Ditto |
343 | Wrongfully confining any person for 3 or more days | Ditto | Ditto | Ditto | Not compoundable | Imprisonment for 2 years, or fine, or both | Ditto |
344 | Wrongfully confining any person for 10 or more days | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Ditto |
345 | Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, in addition to imprisonment under any other section | Ditto |
346 | Wrongful confinement in secret | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
347 | Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Ditto |
348 | Wrongful confinement for the purpose of extorting confession or information, or of compelling restoration of property, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
Criminal force and assault | |||||||
352 | Assault or use of criminal force otherwise than on grave and sudden provocation | Shall not arrest without warrant | Summons | Bailable | Compoundable by the person assaulted or to whom force was used | Imprisonment for 3 months, or fine*, or both | Magistrate’s Court or District Court |
353 | Assault or use of criminal force to deter a public servant from discharge of his duty | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 4 years, or fine, or both | Ditto |
354(1) | Assault or use of criminal force to a person with intent to outrage modesty | Ditto | Ditto | Bailable | Compoundable by the person assaulted or to whom force was used | Imprisonment for 2 years, or fine, or caning, or any combination of such punishments | Ditto |
354(2) | If committed against any person under 14 years of age | Ditto | Ditto | Ditto | Not compoundable | Imprisonment for 5 years, or fine, or caning, or any combination of such punishments | Ditto |
354A(1) | Voluntarily causing or attempting to cause death, hurt, etc., in committing the offence of outraging modesty | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 10 years, and caning | District Court |
354A(2) | If committed in a lift in any building or against any person under 14 years of age | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
355 | Assault or use of criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation | Shall not arrest without warrant | Summons | Bailable | Compoundable by the person assaulted or to whom force was used | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
356 | Assault or use of criminal force in committing or attempting to commit theft of property worn or carried by a person | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 7 years, and caning | District Court |
357 | Assault or use of criminal force in attempting wrongfully to confine a person | Ditto | Ditto | Bailable | Ditto | Imprisonment for one year, or fine*, or both | Magistrate’s Court or District Court |
358 | Assault or use of criminal force on grave and sudden provocation | Shall not arrest without warrant | Summons | Ditto | Compoundable by the person assaulted or to whom force was used | Imprisonment for one month, or fine*, or both | Ditto |
Kidnapping, abduction, slavery and forced labour | |||||||
363 | Kidnapping | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 10 years, and fine, or caning | District Court |
363A | Abduction | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, or fine, or caning, or any combination of such punishments | Ditto |
364 | Kidnapping or abducting in order to murder | Ditto | Ditto | Ditto | Ditto | Death, or imprisonment for life, and caning | |
364A | Kidnapping or abducting in order to compel the Government to do or abstain from doing any act | Ditto | Ditto | Ditto | Ditto | Death, or imprisonment for life, and fine, or caning | |
364A | Kidnapping or abducting in order to compel any person to do or abstain from doing any act | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine, or caning | |
365 | Kidnapping or abducting with intent secretly and wrongfully to confine a person | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine, or caning | District Court |
366 | Kidnapping or abducting a woman to compel her marriage or to cause her defilement, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | |
367 | Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | |
368 | Concealing or keeping in confinement a kidnapped person | Ditto | Ditto | Ditto | Ditto | Punishment for kidnapping or abduction | District Court |
369 | Kidnapping or abducting a child with intent to take property from the person of such child | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine, or caning | Ditto |
370 | Buying or disposing of any person as a slave | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
371 | Habitual dealing in slaves | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
372 | Selling or letting to hire a minor for purposes of prostitution, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | |
373 | Buying or obtaining possession of a minor for the same purposes | Ditto | Ditto | Ditto | Ditto | Ditto | |
373A | Importing woman by fraud with intent, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | |
374 | Unlawful compulsory labour | Ditto | Ditto | Bailable | Compoundable by the person compelled to labour | Imprisonment for one year, or fine, or both | Magistrate’s Court or District Court |
Sexual offences | |||||||
375(2) | Rape | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 20 years, and fine, or caning | |
375(3)(a) | If in order to commit or to facilitate the commission of an offence of rape, voluntarily causes hurt or puts a person in fear of death or hurt | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and caning | |
375(3)(b) | Rape of woman under 14 years of age without her consent | Ditto | Ditto | Ditto | Ditto | Ditto | |
376(3) | Sexual assault by penetration | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and fine, or caning | |
376(4)(a) | If in order to commit or to facilitate the commission of sexual assault by penetration, voluntarily causes hurt or puts a person in fear of death or hurt | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and caning | |
376(4)(b) | Sexual assault by penetration of person under 14 years of age without his or her consent | Ditto | Ditto | Ditto | Ditto | Ditto | |
376A(2) | Sexual penetration of minor under 16 years of age | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, or fine, or both | District Court |
376A(3) | Sexual penetration of minor under 14 years of age | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and fine, or caning | |
376B(1) | Commercial sex with minor under 18 years of age | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
376B(2) | Communicating with a person for purpose of commercial sex with minor under 18 years of age | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
376C(2) | Commercial sex with minor under 18 years of age outside Singapore | May arrest without warrant | Warrant | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
376C(2) | Communicating with a person for purpose of commercial sex with minor under 18 years of age outside Singapore | Shall not arrest without warrant | Summons | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
376D(3) | Tour outside Singapore for commercial sex with minor under 18 years of age | May arrest without warrant | Warrant | Not bailable | Ditto | Imprisonment for 10 years, or fine, or both | District Court |
376E(4) | Sexual grooming of minor under 16 years of age | Ditto | Summons | Bailable | Ditto | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
376F(2) | Procurement of sexual activity with a person with mental disability | Shall not arrest without warrant | Warrant | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
376F(3) | If penetration is involved | May arrest without warrant | Ditto | Not bailable | Ditto | Imprisonment for 10 years, or fine, or both | District Court |
376G(3) | Incest by a man | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years | Ditto |
376G(4) | Incest by a man with a woman under 14 years of age | Ditto | Ditto | Ditto | Ditto | Imprisonment for 14 years | Ditto |
376G(5) | Incest by a woman | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years | District Court |
377(2) | Sexual penetration of a corpse | Ditto | Ditto | Bailable | Ditto | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
377(4) | Causing another person to sexually penetrate a corpse | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 20 years, and fine, or caning | |
377A | Outrages on decency | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years | Magistrate’s Court or District Court |
377B(2) | Sexual penetration with living animal | Ditto | Summons | Bailable | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
377B(4) | Causing another person to sexually penetrate a living animal | Ditto | Warrant | Not bailable | Ditto | Imprisonment for 20 years, and fine, or caning | |
377B(4) | Causing another person to be sexually penetrated by a living animal | Ditto | Ditto | Ditto | Ditto | Ditto | |
CHAPTER XVII — OFFENCES AGAINST PROPERTY Theft | |||||||
379 | Theft | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
379A | Theft of motor vehicle or any component part thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine, and disqualification for such period as the court may order from holding or obtaining a driving licence | Ditto |
380 | Theft in a building, tent or vessel | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Ditto |
381 | Theft by clerk or servant of property in possession of master or employer | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
382 | Theft after preparation made for causing death or hurt in order to commit theft | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and caning | |
Extortion | |||||||
384 | Extortion | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 7 years, and caning | Magistrate’s Court or District Court |
385 | Putting or attempting to put in fear of harm, in order to commit extortion | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and caning | Ditto |
386 | Extortion by putting a person in fear of death or grievous hurt | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and caning | District Court |
387 | Putting or attempting to put a person in fear of death or grievous hurt, in order to commit extortion | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and caning | Ditto |
388 | Extortion by threat of accusation of an offence punishable with death, or imprisonment for life, or imprisonment for 10 years | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine, or caning | Ditto |
389 | Putting a person in fear of accusation of offence punishable with death, or imprisonment for life, or imprisonment for 10 years, in order to commit extortion | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
Robbery and gang-robbery | |||||||
392 | Robbery | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 10 years, and caning | District Court |
392 | If committed after 7 p.m. and before 7 a.m. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 14 years, and caning | Ditto |
393 | Attempt to commit robbery | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and caning | Ditto |
394 | Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and caning | Ditto |
395 | Gang-robbery | Ditto | Ditto | Ditto | Ditto | Ditto | |
396 | Gang-robbery with murder | Ditto | Ditto | Ditto | Ditto | Death, or imprisonment for life, and caning | |
397 | Robbery when armed or with attempt to cause death or grievous hurt | Ditto | Ditto | Ditto | Ditto | Caning in addition to the punishment under any other section | |
399 | Making preparation to commit gang-robbery | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and caning | |
400 | Belonging to a gang of persons associated for the purpose of habitually committing gang-robbery | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 10 years, and caning | |
401 | Belonging to a wandering gang of persons associated for the purpose of habitually committing theft | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and caning | District Court |
402 | Being one of 5 or more persons assembled for the purpose of committing gang-robbery | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
Criminal misappropriation of property | |||||||
403 | Dishonest misappropriation of movable property, or converting it to one’s own use | Shall not arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
404 | Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Ditto |
404 | If by clerk or person employed by deceased | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
Criminal breach of trust | |||||||
406 | Criminal breach of trust | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 7 years, or fine, or both | Magistrate’s Court or District Court |
407 | Criminal breach of trust by a carrier, wharfinger, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine | District Court |
408 | Criminal breach of trust by a clerk or servant | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
409 | Criminal breach of trust by public servant, or by banker, merchant or agent, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 20 years, and fine | Ditto |
Receiving stolen property | |||||||
411(1) | Dishonestly receiving or retaining stolen property, knowing it to be stolen | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
411(2) | If the stolen property is a motor vehicle or any component part thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine, and disqualification for such period as the court may order from holding or obtaining a driving licence | Ditto |
412 | Dishonestly receiving or retaining stolen property, knowing that it was obtained by gang-robbery | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
413 | Habitually dealing in stolen property | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and fine | |
414(1) | Assisting in concealment or disposal of stolen property, knowing it to be stolen | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
414(2) | If the stolen property is a motor vehicle or any component part thereof | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine, and disqualification for such period as the court may order from holding or obtaining a driving licence | Ditto |
Cheating | |||||||
417 | Cheating | May arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
418 | Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
419 | Cheating by personation | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
420 | Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
Fraudulent deeds and dispositions of property | |||||||
421 | Fraudulent removal or concealment of property, etc., to prevent distribution among creditors | Shall not arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 3 years, or fine, or both | Magistrate’s Court or District Court |
422 | Fraudulently preventing from being made available for his creditors a debt or demand due to the offender | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
423 | Fraudulent execution of deed of transfer containing a false statement of consideration | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
424 | Fraudulent removal or concealment of property of himself or any other person, or assisting in the doing, thereof, or dishonestly releasing any demand or claim to which he is entitled | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
Mischief | |||||||
426 | Mischief | Shall not arrest without warrant | Summons | Bailable | Compoundable when the only loss or damage caused is loss or damage to a private person by that private person | Imprisonment for one year, or fine, or both | Magistrate’s Court or District Court |
427 | Mischief, and thereby causing damage to the amount of $500 or upwards | Ditto | Warrant | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
428 | Mischief by killing, poisoning, maiming or rendering useless, any animal | May arrest without warrant | Ditto | Ditto | Not compoundable | Imprisonment for 5 years, or fine, or both | Ditto |
430 | Mischief by causing diminution of supply of water for agricultural or industrial purposes, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
430A | Mischief affecting railway engine, train, etc. | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
431 | Mischief by injury to public road, bridge, navigable river or channel, and rendering it impassable or less safe for travelling or conveying property | Ditto | Ditto | Bailable | Ditto | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
431A | Mischief by injury to telegraph cable, wire, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, or fine, or both | Ditto |
432 | Mischief by causing inundation or obstruction to public drainage, attended with damage | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Ditto |
433 | Mischief by destroying or moving, or rendering less useful a lighthouse or sea-mark | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, or fine, or both | District Court |
434 | Mischief by destroying or moving, etc., a landmark fixed by public authority | Shall not arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for one year, or fine, or both | Magistrate’s Court or District Court |
435 | Mischief by fire or explosive substance | May arrest without warrant | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | District Court |
436 | Mischief by fire or explosive substance with intent to destroy a house, etc. | Ditto | Ditto | Not bailable | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
437 | Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
438 | The mischief described in section 437 when committed by fire or any explosive substance | Ditto | Ditto | Ditto | Ditto | Imprisonment for life, or imprisonment for 10 years, and fine | |
439 | Running vessel ashore with intent to commit theft, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
440 | Mischief committed after preparation made for causing death or hurt, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine | Ditto |
Criminal trespass | |||||||
447 | Criminal trespass | May arrest without warrant | Summons | Bailable | Compoundable by the person in possession of the property trespassed upon | Imprisonment for 3 months, or fine*, or both | Magistrate’s Court or District Court |
448 | House-trespass | Ditto | Warrant | Ditto | Ditto | Imprisonment for one year, or fine*, or both | Ditto |
449 | House-trespass in order to commit an offence punishable with death | Ditto | Ditto | Not bailable | Not compoundable | Imprisonment for life, or imprisonment for 10 years, and fine | |
450 | House-trespass in order to commit an offence punishable with imprisonment for life | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | |
451 | House-trespass in order to commit an offence punishable with imprisonment | Ditto | Ditto | Bailable | Ditto | Imprisonment for 2 years, and fine | Magistrate’s Court or District Court |
451 | If the offence is theft | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
452 | House-trespass, after preparation made for causing hurt, assault, etc. | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
453 | Lurking house-trespass or house-breaking | Ditto | Ditto | Ditto | Ditto | Imprisonment for 2 years, and fine | Ditto |
454 | Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Ditto |
454 | If the offence is theft | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | District Court |
455 | Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and caning | Ditto |
456 | Lurking house-trespass or house-breaking by night | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, and fine | Magistrate’s Court or District Court |
457 | Lurking house-trespass or house-breaking by night in order to commit an offence punishable with imprisonment | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, and fine | Ditto |
457 | If the offence is theft | Ditto | Ditto | Ditto | Ditto | Imprisonment for 14 years, and fine | District Court |
458 | Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 14 years, and caning | Ditto |
458A | Committing an offence under section 454 or 457 subsequent to having been convicted of an offence under section 454, 455, 457 or 458 | Ditto | Ditto | Ditto | Ditto | Caning in addition to the punishment prescribed for the offence | Ditto |
459 | Grievous hurt caused whilst committing lurking house- trespass or house-breaking | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and caning | |
460 | Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years | |
461 | Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property | Ditto | Ditto | Bailable | Ditto | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
462 | Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same | Ditto | Ditto | Ditto | Ditto | Imprisonment for 3 years, or fine, or both | Ditto |
CHAPTER XVIII — OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES | |||||||
465 | Forgery | May arrest without warrant | Warrant | Bailable | Not compoundable | Imprisonment for 4 years, or fine, or both | Magistrate’s Court or District Court |
466 | Forgery of a record of a court of justice or of a register of births, etc., kept by a public servant | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 10 years, and fine | District Court |
467 | Forgery of a valuable security, will, or authority to make or transfer any valuable security, or to receive any money, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine | Ditto |
468 | Forgery for the purpose of cheating | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
469 | Forgery for the purpose of harming the reputation of any person, or knowing that it is likely to be used for that purpose | Ditto | Ditto | Bailable | Ditto | Imprisonment for 5 years, and fine | Magistrate’s Court or District Court |
471 | Using as genuine a forged document or forged electronic record which is known to be forged | Ditto | Ditto | Ditto | Ditto | Punishment for forgery | The court by which the forgery of the document is triable |
472 | Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable under section 467, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 15 years, and fine | District Court |
473 | Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 467, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
473A | Making or possessing equipment for making false instrument | Ditto | Ditto | Ditto | Ditto | Imprisonment for 5 years, or fine, or both | Magistrate’s Court or District Court |
473B | Making or possessing equipment for making false instrument with intent to induce prejudice | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, or fine, or both | District Court |
474 | Having possession of a document or an electronic record knowing it to be forged, with intent to use it as genuine, if the document or electronic record is one of the description mentioned in section 466 | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
474 | If the document is one of the description mentioned in section 467 | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine | Ditto |
475 | Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
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 | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, and fine | Ditto |
477 | Fraudulently destroying or defacing, or attempting to destroy or deface, or secreting a will, etc. | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years, and fine | Ditto |
477A | Falsification of accounts by clerk or servant | Ditto | Ditto | Ditto | Ditto | Imprisonment for 10 years, or fine, or both | Ditto |
Currency notes and bank notes | |||||||
489A | Forging or counterfeiting currency notes or bank notes | May arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 20 years, and fine | |
489B | Using as genuine forged or counterfeit currency notes or bank notes | Ditto | Ditto | Ditto | Ditto | Ditto | |
489C | Possession of forged or counterfeit currency notes or bank notes, with intent | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years | |
489D | Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes | Ditto | Ditto | Ditto | Ditto | Imprisonment for 20 years, and fine | |
CHAPTER XX — OFFENCES RELATING TO MARRIAGE | |||||||
493 | A man by deceit causing a woman not lawfully married to him, to believe that she is lawfully married to him, and to cohabit with him in that belief | Shall not arrest without warrant | Warrant | Not bailable | Not compoundable | Imprisonment for 10 years, and fine | District Court |
494 | Marrying again during the lifetime of a husband or wife | Ditto | Ditto | Bailable | Ditto | Imprisonment for 7 years, and fine | Ditto |
495 | Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 10 years, and fine | Ditto |
496 | A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married | Ditto | Ditto | Ditto | Ditto | Imprisonment for 7 years, and fine | Ditto |
CHAPTER XXI — DEFAMATION | |||||||
500 | Defamation | Shall not arrest without warrant | Summons | Bailable | Compoundable by the person defamed | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
501 | Printing or engraving matter knowing it to be defamatory | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
502 | Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto |
CHAPTER XXII — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE | |||||||
504 | Insult intended to provoke a breach of the peace | Shall not arrest without warrant | Summons | Bailable | Compoundable by the person insulted | Imprisonment for 2 years, or fine, or both | Magistrate’s Court or District Court |
505 | False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace | Ditto | Warrant | Not bailable | Not compoundable | Imprisonment for 3 years, or fine, or both | Ditto |
506 | Criminal intimidation | May arrest without warrant | Ditto | Bailable | Compoundable by the person intimidated | Imprisonment for 2 years, or fine, or both | Ditto |
506 | If threat is to cause death or grievous hurt, etc. | Ditto | Ditto | Ditto | Not compoundable | Imprisonment for 10 years, or fine, or both | Ditto |
507 | Criminal intimidation by anonymous communication or having taken precaution to conceal from where the threat comes | Ditto | Ditto | Not bailable | Ditto | Imprisonment for 2 years, in addition to the punishment under section 506 | Ditto |
508 | Act caused by inducing a person to believe that he will be rendered an object of divine displeasure | Shall not arrest without warrant | Ditto | Bailable | Ditto | Imprisonment for one year, or fine, or both | Ditto |
509 | Uttering any word or making any gesture intended to insult the modesty of a woman, etc. | Ditto | Summons | Ditto | Compoundable by the woman insulted | Ditto | Ditto |
510 | Appearing in a public place, etc., in a state of intoxication, and causing annoyance to any person | May arrest without warrant | Ditto | Ditto | Not compoundable | Imprisonment for 6 months, or fine*, or both | Ditto |
CHAPTER XXIII — ATTEMPTS TO COMMIT OFFENCES | |||||||
511 | Attempting (where no express provision is made by the Penal Code or by other written law) to commit offences punishable with imprisonment or fine or with a combination of such punishments (other than imprisonment for life), and in such attempt doing any act towards the commission of the offence | According as to whether the offence is one in respect of which the police may arrest without warrant or not | According as to whether the offence is one in respect of which a summons or warrant shall ordinarily issue | According as to whether the offence contemplated by the offender is bailable or not | Compoundable when the offence attempted is compoundable | The punishment provided for the offence, provided that any term of imprisonment shall not exceed one-half of the longest term provided for the offence | The court by which the offence attempted is triable |
511 | If the attempted offence is punishable with imprisonment for life | Ditto | Ditto | Ditto | Ditto | Imprisonment for 15 years | Ditto |
OFFENCES AGAINST LAWS OTHER THAN THE PENAL CODE | |||||||
If punishable with death, imprisonment for 7 years or upwards | May arrest without warrant | Warrant | Not bailable | Not compoundable | According to sections 9 and 12 of this Code | ||
If punishable with imprisonment for 3 years or upwards but less than 7 years | Ditto | Ditto | Ditto | Ditto | According to sections 9 and 12 of this Code | ||
If punishable with imprisonment for less than 3 years | Shall not arrest without warrant unless specifically empowered to do so by the law offended against | Summons | Bailable | Ditto | According to sections 9 and 12 of this Code | ||
If punishable with fine only | Ditto | Ditto | Ditto | Ditto | According to sections 9 and 12 of this Code”. | ||