Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
Contents  

Long Title

Chapter I — PRELIMINARY

Chapter II — GENERAL EXPLANATIONS

Chapter III — PUNISHMENTS

Chapter IV — GENERAL EXCEPTIONS

Right of private defence

Chapter V — ABETMENT

Chapter VA — CRIMINAL CONSPIRACY

Chapter VI — OFFENCES AGAINST THE STATE

Chapter VIA — PIRACY

Chapter VIB — GENOCIDE

Chapter VII — OFFENCES RELATING TO THE ARMED FORCES

Chapter VIII — OFFENCES RELATING TO UNLAWFUL ASSEMBLY

Chapter IX — OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Chapter X — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Chapter XI — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Chapter XII — OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

Chapter XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES

Chapter XIV — OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

Chapter XV — OFFENCES RELATING TO RELIGION OR RACE

Chapter XVI — OFFENCES AFFECTING THE HUMAN BODY

Offences affecting life

Causing miscarriage; injuries to unborn children; exposure of infants; and concealment of births

Hurt

Wrongful restraint and wrongful confinement

Criminal force and assault

Kidnapping, abduction, slavery and forced labour

Sexual offences

Chapter XVII — OFFENCES AGAINST PROPERTY

Theft

Extortion

Robbery and gang-robbery

Criminal misappropriation of property

Criminal breach of trust

Receiving stolen property

Cheating

Fraudulent deeds and dispositions of property

Mischief

Criminal trespass

Chapter XVIII — OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES

Currency notes and bank notes

Chapter XX — OFFENCES RELATING TO MARRIAGE

Chapter XXI — DEFAMATION

Chapter XXII — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Chapter XXIII — ATTEMPTS TO COMMIT OFFENCES

Legislative Source Key

Legislative History

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 23/10/2017, you requested the version in force on 06/09/2013 incorporating all amendments published on or before 06/09/2013. The closest version currently available is that of 01/01/2013.
Slider
Penal Code
(CHAPTER 224)

(Original Enactment: Ordinance 4 of 1871)

REVISED EDITION 2008
(30th November 2008)
An Act to consolidate the law relating to criminal offences.
[16th September 1872]
Chapter I
PRELIMINARY
Short title
1.  This Act shall be called the Penal Code.
Punishment of offences committed within Singapore
2.  Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore.
[Indian PC 1860, s. 2]
Punishment of offences committed beyond, but which by law may be tried within Singapore
3.  Any person liable by law to be tried for an offence committed beyond the limits of Singapore, shall be dealt with according to the provisions of this Code for any act committed beyond Singapore, in the same manner as if such act had been committed within Singapore.
[Indian PC 1860, s. 3]
Jurisdiction over public servants for offences committed outside Singapore
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.
[51/2007]
Certain laws not to be affected by this Code
5.  Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers or servicemen in the Singapore Armed Forces, or of any other law for the time being in force.
[Indian PC 1860, s. 5]
Chapter II
GENERAL EXPLANATIONS
Definitions in this Code to be understood subject to exceptions
6.  Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision or illustration.
Illustration
(a)
The sections in this Code which contain definitions of offences, do not express, that a child under 7 years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child under 7 years of age”.
(b)
A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
[Indian PC 1860, s. 6]
Expression once explained is used in the same sense throughout this Code
7.  Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
[Indian PC 1860, s. 7]
“Gender”
8.  The pronoun “he” and its derivatives are used of any person, whether male or female.
[Indian PC 1860, s. 8]
“Number”
9.  Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
[Indian PC 1860, s. 9]
“Man” and “woman”
10.  The word “man” denotes a male human being of any age; “woman” denotes a female human being of any age.
[Indian PC 1860, s. 10]
“Person”
11.  The word “person” includes any company or association or body of persons, whether incorporated or not.
[Indian PC 1860, s. 11]
“Public”
12.  The word “public” includes any class of the public or any community.
[Indian PC 1860, s. 12]
“Government”
17.  The word “Government” includes any person lawfully performing executive functions of the Government under any law.
“Judge”
*19.  The word “judge” denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.
Illustration
(a)
A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.
(b)
Officers holding an inquiry as to the loss of a ship under the Merchant Shipping Act (Cap. 179) are judges.
(c)
A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a judge.
[Indian PC 1860, s. 19]
*  There are no sections 13 to 16 and 18
“Court of justice”
20.  The words “court of justice” denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.
[Indian PC 1860, s. 20]
“Public servant”
21.  The words “public servant” denote a person falling under any of the following descriptions:
(a)
every officer in the Singapore Armed Forces;
(b)
every judge;
(c)
every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a court of justice to perform any of such duties;
(d)
every assessor assisting a court of justice or public servant;
(e)
every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;
(f)
every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g)
every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(h)
every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;
(i)
a member of the Public Service Commission or the Legal Service Commission constituted under Part IX of the Constitution.
[51/2007]
Illustration
[Deleted by Act 51 of 2007]
Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
[Indian PC 1860, s. 21]
“Movable property”
22.  The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.
Illustration
Writings, relating to real or personal property or rights, are movable property.
[Indian PC 1860, s. 22]
“Wrongful gain” and “wrongful loss”
23.  “Wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled; “wrongful loss” is loss by unlawful means of property to which the person losing it is legally entitled.
Explanation—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
[Indian PC 1860, s. 23]
“Dishonestly”
24.  Whoever does anything with the intention of causing wrongful gain to one person, or wrongful loss to another person, is said to do that thing dishonestly.
[Indian PC 1860, s. 24]
“Fraudulently”
25.  A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise.
[Indian PC 1860, s. 25]
“Reason to believe”
26.  A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing, but not otherwise.
[Indian PC 1860, s. 26]
Property in possession of spouse, clerk or servant
27.  When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.
[51/2007]
Explanation—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this section.
[Indian PC 1860, s. 27]
“Counterfeit”
28.  A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—Where a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.
[Indian PC 1860, s. 28]
“Document”
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.
[51/2007]
[CPC 1985 Ed., s. 378(3)]
“Writing”
29A.  The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
[51/2007]
“Electronic record”
29B.  The expression “electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88).
[51/2007]
[Indian PC 1860, s. 29A]
“Valuable security”
30.
—(1)  The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
(2)  Notwithstanding the generality of subsection (1), “valuable security” includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money’s worth or other financial rights attached.
[51/2007]
Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.
[Indian PC 1860, s. 30]
“A will”
31.  The words “a will” denote any testamentary document.
[Indian PC 1860, s. 31]
“Die” and “instrument”
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.
[51/2007]
[HK Crimes Ordinance 1971, s. 68]
Words referring to acts include illegal omissions
32.  In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
[Indian PC 1860, s. 32]
“Act” and “omission”
33.  The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission.
[Indian PC 1860, s. 33]
Each of several persons liable for an act done by all, in like manner as if done by him alone
34.  When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.
[Indian PC 1860, s. 34]
When such an act is criminal by reason of its being done with a criminal knowledge or intention
35.  Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
[Indian PC 1860, s. 35]
Effect caused partly by act and partly by omission
36.  Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
[Indian PC 1860, s. 36]
Co-operation by doing one of several acts constituting an offence
37.  When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustration
(a)
A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement, with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate.
(b)
A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c)
A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not co-operate with B, A is guilty only of an attempt to commit murder.
[Indian PC 1860, s. 37]
Several persons engaged in the commission of a criminal act may be guilty of different offences
38.  Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
[51/2007]
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
[Indian PC 1860, s. 38]
“Voluntarily”
39.  A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by this act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
[Indian PC 1860, s. 39]
“Offence”
40.
—(1)  Except in the Chapters and sections mentioned in subsections (2) and (3), “offence” denotes a thing made punishable by this Code.
(2)  In Chapters IV, V and VA, and in sections 4, 187, 194, 195, 203, 204B, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, “offence” denotes a thing punishable under this Code or under any other law for the time being in force.
[51/2007]
(3)  In sections 141, 176, 177, 201, 202, 212, 216 and 441, “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine.
[Indian PC 1860, s. 40]
Offence with specified term of imprisonment
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.
[51/2007]
“Obscene”
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.
[51/2007]
[UPA 1998 Ed., s. 3]
“Illegal”, “unlawful” and “legally bound to do”
43.  The word “illegal” or “unlawful” is applicable to every thing which is an offence, or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be “legally bound to do” whatever it is illegal or unlawful in him to omit.
[51/2007]
[Indian PC 1860, s. 43]
“Injury”
44.  The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
[Indian PC 1860, s. 44]
“Life”
45.  The word “life” denotes the life of a human being, unless the contrary appears from the context.
[Indian PC 1860, s. 45]
“Death”
46.  The word “death” denotes the death of a human being, unless the contrary appears from the context.
[Indian PC 1860, s. 46]
“Animal”
47.  The word “animal” denotes any living creature, other than a human being.
[Indian PC 1860, s. 47]
“Vessel”
48.  The word “vessel” denotes anything made for the conveyance by water of human beings, or of property.
[Indian PC 1860, s. 48]
“Year” and “month”
49.  Wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar.
[Indian PC 1860, s. 49]
“Section”
50.  The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.
[Indian PC 1860, s. 50]
“Oath”
51.  The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a court of justice or not.
[Indian PC 1860, s. 51]
“Good faith”
52.  Nothing is said to be done or believed in good faith which is done or believed without due care and attention.
[Indian PC 1860, s. 52]
Chapter III
PUNISHMENTS
Punishments
53.  The punishments to which offenders are liable under the provisions of this Code are —
(a)
death;
(b)
imprisonment;
(c)
forfeiture of property;
(d)
fine;
(e)
caning.
Explanation—Caning shall be with a rattan.
[Indian PC 1860, s. 53]
Imprisonment for life
54.  “Imprisonment for life”, in relation to any prescribed punishment under this Code or any other written law, means imprisonment for the duration of a person’s natural life.
[51/2007]
Fractions of terms of punishment
*57.  [Repealed by Act 51 of 2007]
*  There are no sections 55 and 56.
71.  *[Repealed by Act 15/2010 wef 02/01/2011]
*   There are no sections 58 to 70.
Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which
72.  In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided, if the same punishment is not provided for all.
[Indian PC 1860, s. 72]
Enhanced penalties for offences against domestic maids
73.
—(1)  Subsection (2) shall apply where an employer of a domestic maid or a member of the employer’s household is convicted of —
(a)
an offence of causing hurt or grievous hurt to any domestic maid employed by the employer punishable under section 323, 324 or 325;
(b)
an offence of wrongfully confining any domestic maid employed by the employer punishable under section 342, 343 or 344;
(c)
an offence of assaulting or using criminal force to any domestic maid employed by the employer punishable under section 354;
(d)
an offence of doing any act that is intended to insult the modesty of any domestic maid employed by the employer punishable under section 509; or
(e)
an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, an offence described in paragraphs (a) to (d).
[18/98]
(2)  Where an employer of a domestic maid or a member of the employer’s household is convicted of an offence described in subsection (1)(a), (b), (c), (d) or (e), the court may sentence the employer of the domestic maid or the member of his household, as the case may be, to one and a half times the amount of punishment to which he would otherwise have been liable for that offence.
[18/98]
(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 343, 344 and 354 and shall have power to award the full punishment provided under subsection (2) 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 324 and 325 and shall have power to award the full punishment provided under subsection (2) in respect of those offences.
[18/98]
(4)  For the purposes of this section —
“domestic maid” means any female house servant employed in, or in connection with, the domestic services of her employer’s private dwelling-house and who resides in her employer’s private dwelling-house;
“dwelling-house” means a place of residence and includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;
“member of the employer’s household”, in relation to a domestic maid, means a person residing in the employer’s private dwelling-house at the time the offence was committed whose orders the domestic maid has reasonable grounds for believing she is expected to obey.
[18/98]
Enhanced penalties for racially or religiously aggravated offences
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.
[51/2007]
(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).
[51/2007]
(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.
[51/2007]
(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.
[51/2007]
(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.
[51/2007]
(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.
[51/2007]
[UK CDA 1998, s. 28(1) to (3)]
Punishment of persons convicted, after a previous conviction, of an offence punishable with 3 years’ imprisonment
75.  Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII with imprisonment for a term of 3 years or upwards, is guilty of any offence punishable under either of those Chapters with imprisonment for a term of 3 years or upwards, shall be subject for every such subsequent offence to imprisonment for life, or to double the amount of punishment to which he would otherwise have been liable for the same; 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.
[51/2007]
[Indian PC 1860, s. 75]
Chapter IV
GENERAL EXCEPTIONS
Act done by a person bound, or by mistake of fact believing himself bound by law
76.  Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustration
(a)
A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.
(b)
A, an officer of a court of justice, being ordered by that court to arrest Y, and, after due enquiry, believing Z to be Y, arrest Z. A has committed no offence.
[Indian PC 1860, s. 76]
Act of judge when acting judicially
77.  Nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
[Indian PC 1860, s. 77]
Act done pursuant to the judgment or order of a court of justice
78.  Nothing which is done in pursuance of, or which is warranted by, the judgment or order of a court of justice, if done while the judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass the judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction.
[Indian PC 1860, s. 78]
Act done by a person justified, or by mistake of fact believing himself justified by law
79.  Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it.
Illustration
(a)
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.
(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.
[51/2007]
[Indian PC 1860, s. 79]
Accident in the doing of a lawful act
80.  Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.
[Indian PC 1860, s. 80]
Act likely to cause harm but done without a criminal intent, and to prevent other harm
81.  Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Illustration
(a)
A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with 20 or 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course he must incur risk of running down a boat C, with only 2 passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C, and in good faith for the purposes of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C, by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.
(b)
A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention, in good faith, of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.
(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.
[51/2007]
[Indian PC 1860, s. 81]
Act of a child under 7 years of age
82.  Nothing is an offence which is done by a child under 7 years of age.
[Indian PC 1860, s. 82]
Act of a child above 7 and under 12 years of age, who has not sufficient maturity of understanding
83.  Nothing is an offence which is done by a child above 7 years of age and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.
[Indian PC 1860, s. 83]
Act of a person of unsound mind
84.  Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
[Indian PC 1860, s. 84]
Intoxication when a defence
85.
—(1)  Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.
(2)  Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and —
(a)
the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b)
the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission.
[Indian PC 1860, s. 85]
Effect of defence of intoxication when established
86.
—(1)  Where the defence under section 85 is established, then in a case falling under section 85(2)(a) the accused person shall be acquitted, and in a case falling under section 85(2)(b), section 84 of this Code and sections 251 and 252 of the Criminal Procedure Code 2010 shall apply.
(2)  Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.
Interpretation
(3)  For the purposes of this section and section 85 “intoxication” shall be deemed to include a state produced by narcotics or drugs.
[Indian PC 1860, s. 86]
Act not intended and not known to be likely to cause death or grievous hurt, done by consent
87.  Nothing, which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person above 18 years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
[Indian PC 1860, s. 87]
Act not intended to cause death done by consent in good faith for the benefit of a person
88.  Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
[Indian PC 1860, s. 88]
Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian
89.  Nothing, which is done in good faith for the benefit of a person under 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:
Provided that this exception shall not extend to —
(a)
the intentional causing of death, or to the attempting to cause death;
(b)
the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c)
the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d)
the abetment of any offence, to the committing of which offence it would not extend.
Illustration
A, in good faith, for the benefit of his child, being under 12 years of age, without his child’s consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.
[Indian PC 1860, s. 89]
Consent given under fear or misconception, by person of unsound mind, etc., and by child
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.
[51/2007]
[Indian PC 1860, s. 90]
Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89
91.  The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
[32/80]
Illustration
Causing miscarriage, unless it is authorised under the Termination of Pregnancy Act (Cap. 324) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act.
[Indian PC 1860, s. 91]
Act done in good faith for the benefit of a person without consent
92.  Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception shall not extend to —
(a)
the intentional causing of death, or to the attempting to cause death;
(b)
the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c)
the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(d)
the abetment of any offence, to the committing of which offence it would not extend.
Illustration
(a)
Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(b)
[Deleted by Act 51 of 2007]
(c)
A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation is immediately performed. There is not time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.
(d)
A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.
Explanation—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
[Indian PC 1860, s. 92]
Communication made in good faith
93.  No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.
[Indian PC 1860, s. 93]
Act to which a person is compelled by threats
94.  Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person or any other person will otherwise be the consequence:
Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
[51/2007]
Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins gang-robbers knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2.—A person seized by gang-robbers, and forced by threat of instant death to do a thing which is an offence by law — for example, a smith compelled to take his tools and to force the door of a house for the gang-robbers to enter and plunder it — is entitled to the benefit of this exception.
[Indian PC 1860, s. 94]
Act causing slight harm
95.  Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
[Indian PC 1860, s. 95]
Right of private defence
Nothing done in private defence is an offence
96.  Nothing is an offence which is done in the exercise of the right of private defence.
[Indian PC 1860, s. 96]
Right of private defence of the body and of property
97.  Every person has a right, subject to the restrictions contained in section 99, to defend —
(a)
his own body, and the body of any other person, against any offence affecting the human body;
(b)
the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
[Indian PC 1860, s. 97]
Right of private defence against the act of a person of unsound mind, etc.
98.  When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Illustration
(a)
Z, under the influence of madness, attempts to kill A. Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.
(b)
A enters, by night, a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
[Indian PC 1860, s. 98]
Acts against which there is no right of private defence
99.
—(1)  There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
(2)  There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
(3)  There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
Extent to which the right may be exercised
(4)  The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction; or unless such person states the authority under which he acts, or, if he has authority in writing, unless he produces such authority, if demanded.
[Indian PC 1860, s. 99]
When the right of private defence of the body extends to causing death
100.  The right of private defence of the body extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right is of any of the following descriptions:
(a)
such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(b)
such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(c)
an assault with the intention of committing rape;
(d)
an assault with the intention of committing non-consensual penile penetration of the anus;
(e)
an assault with the intention of kidnapping or abducting;
(f)
an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
[51/2007]
[Indian PC 1860, s. 100]
When such right extends to causing any harm other than death
101.  If the offence is not of any of the descriptions enumerated in section 100, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
[Indian PC 1860, s. 101]
Commencement and continuance of the right of private defence of the body
102.  The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or a threat to commit the offence, though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
[Indian PC 1860, s. 102]
When the right of private defence of property extends to causing death
103.  The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, is an offence of any of the following descriptions:
(a)
robbery;
(b)
house-breaking by night;
(c)
mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
(d)
theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
[Indian PC 1860, s. 103]
When such right extends to causing any harm other than death
104.  If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions enumerated in section 103, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death.
[Indian PC 1860, s. 104]
Commencement and continuance of the right of private defence of property
105.
—(1)  The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
(2)  The right of private defence of property against theft continues till the offender has effected his retreat with the property, or till the assistance of the public authorities is obtained, or till the property has been recovered.
(3)  The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
(4)  The right of private defence of property against criminal trespass or mischief, continues as long as the offender continues in the commission of criminal trespass or mischief.
(5)  The right of private defence of property against house-breaking by night continues as long as house-trespass which has been begun by such house-breaking continues.
[Indian PC 1860, s. 105]
Right of private defence against a deadly assault when there is risk of harm to an innocent person
106.  If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
[Indian PC 1860, s. 106]
Chapter V
ABETMENT
Abetment of the doing of a thing
107.  A person abets the doing of a thing who —
(a)
instigates any person to do that thing;
(b)
engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(c)
intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorised by a warrant from a court of justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
[Indian PC 1860, s. 107]
Abettor
108.  A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Illustration
(a)
A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b)
A instigates B to murder D. B, in pursuance of the instigation, stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustration
(a)
A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act is committed or not, is guilty of abetting an offence.
(b)
A, with the intention of murdering Z, instigates B, a child under 7 years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act, and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder, and he is therefore subject to the punishment of death.
(c)
A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence.
(d)
A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
[51/2007]
Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B isliable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence A is also liable to the same punishment.
Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section, and is liable to the punishment for murder.
[Indian PC 1860, s. 108]
Abetment in Singapore of an offence outside Singapore
108A.  A person abets an offence within the meaning of this Code who, in Singapore, abets the commission of any act without and beyond Singapore which would constitute an offence if committed in Singapore.
Illustration
A, in Singapore, instigates B, a foreigner in Java, to commit murder in Java. A is guilty of abetting murder.
[Indian PC 1860, s. 108A]
Abetment outside Singapore of an offence in Singapore
108B.  A person abets an offence within the meaning of this Code who abets an offence committed in Singapore notwithstanding that any or all of the acts constituting the abetment were done outside Singapore.
[51/2007]
Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
109.  Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.
Explanation—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
Illustration
(a)
A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.
(b)
A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(c)
A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B, in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z, in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
[Indian PC 1860, s. 109]
Punishment of abetment if the person abetted does the act with a different intention from that of the abettor
110.  Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
[Indian PC 1860, s. 110]
Liability of abettor when one act is abetted and a different act is done
111.  When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it:
Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Illustration
(a)
A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner, and to the same extent, as if he had instigated the child to put the poison into the food of Y.
(b)
A instigates B to burn Z’s house. B sets fire to the house, and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.
(c)
A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.
[Indian PC 1860, s. 111]
Abettor, when liable to cumulative punishment for act abetted and for act done
112.  If the act for which the abettor is liable under section 111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily caused grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
[Indian PC 1860, s. 112]
Liability of abettor for an offence caused by the act abetted different from that intended by the abettor
113.  When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner, and to the same extent, as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
[Indian PC 1860, s. 113]
Abettor present when offence committed
114.  Whenever any person who, if absent, would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
[Indian PC 1860, s. 114]
Abetment of an offence punishable with death or imprisonment for life
115.  Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment for a term which may extend to 14 years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death. Therefore, A is liable to imprisonment for a term which may extend to 7 years, and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to 14 years, and to fine.
[Indian PC 1860, s. 115]
Abetment of an offence punishable with imprisonment
116.  Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both.
Illustration
(a)
A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.
(b)
A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
(c)
A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(d)
B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery is not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
[Indian PC 1860, s. 116]
Abetting the commission of an offence by the public or by more than 10 persons
117.  Whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding 10, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
Illustration
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.
[51/2007]
[Indian PC 1860, s. 117]
Concealing a design to commit an offence punishable with death or imprisonment for life
118.  Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with death or imprisonment for life, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if that offence is committed, be punished with imprisonment for a term which may extend to 7 years, or, if the offence is not committed, with imprisonment for a term which may extend to 3 years: and, in either case, shall also be liable to fine.
Illustration
A, knowing that a gang-robbery is about to be committed at B, falsely informs the police that a gang-robbery is about to be committed at C, a place in an opposite direction, and thereby misleads the police with intent to facilitate the commission of the offence. The gang-robbery is committed at B in pursuance of the design. A is punishable under this section.
[Indian PC 1860, s. 118]
A public servant concealing a design to commit an offence which it is his duty to prevent
119.  Whoever, being a public servant, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence, the commission of which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 15 years, and also be liable to fine; or if the offence is not committed, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence not committed is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 7 years, and also be liable to fine.
[51/2007]
Illustration
A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to this section.
[Indian PC 1860, s. 119]
Concealing a design to commit an offence punishable with imprisonment
120.  Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-fourth, and if the offence is not committed, to one-eighth of the longest term provided for that offence; or with such fine as is provided for the offence, or with both.
[Indian PC 1860, s. 120]
Chapter VA
CRIMINAL CONSPIRACY
Definition of criminal conspiracy
120A.
—(1)  When 2 or more persons agree to do, or cause to be done —
(a)
an illegal act; or
(b)
an act, which is not illegal, by illegal means,
such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
[51/2007]
(2)  A person may be a party to a criminal conspiracy notwithstanding the existence of facts of which he is unaware which make the commission of the illegal act, or the act, which is not illegal, by illegal means, impossible.
[51/2007]
Explanation—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
[Indian PC 1860, s. 120A]
Punishment of criminal conspiracy
120B.  Whoever is a party to a criminal conspiracy to commit an offence shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
[51/2007]
[Indian PC 1860, s. 120B]
Chapter VI
OFFENCES AGAINST THE STATE
Waging or attempting to wage war or abetting the waging of war against the Government
121.  Whoever wages war against the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or with imprisonment for life and shall, if he is not sentenced to death, also be liable to fine.
[51/2007]
Illustration
A joins an insurrection against the Government. A has committed the offence defined in this section.
[Indian PC 1860, s. 121]
Offences against the President’s person
121A.  Whoever compasses, imagines, invents, devises, or intends the death of or hurt to or imprisonment or restraint of the President, shall be punished with death, or with imprisonment for life and shall, if he is not sentenced to death, also be liable to fine.
[51/2007]
Offences against authority
121B.  Whoever compasses, imagines, invents, devises or intends the deprivation or deposition of the President from the sovereignty of Singapore, or the overawing by criminal force of the Government, shall be punished with imprisonment for life, and shall also be liable to fine.
[51/2007]
Abetting offences under section 121A or 121B
121C.  Whoever abets the commission of any of the offences punishable by section 121A or 121B shall be punished with the punishment provided for those offences.
Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform
121D.  Whoever knowing or having reason to believe that any offence punishable under section 121, 121A, 121B or 121C has been committed intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
Collecting arms, etc., with the intention of waging war against the Government
122.  Whoever collects men, arms or ammunition or otherwise prepares to wage war, with the intention of either waging or being prepared to wage war against the Government, shall be punished with imprisonment for life or imprisonment for a term not exceeding 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 122]
Concealing with intent to facilitate a design to wage war
123.  Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 123]
Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power
124.  Whoever, with the intention of inducing or compelling the President or a Member of Parliament or the Cabinet, to exercise or refrain from exercising in any manner any of the lawful powers of the President, or such Member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, the President or such Member, shall be punished with imprisonment for life or for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 124]
Waging war against any power in alliance or at peace with Singapore
125.  Whoever wages war against the government of any power in alliance or at peace with the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to 15 years, to which fine may be added, or with fine.
[51/2007]
[Indian PC 1860, s. 125]
Committing depredation on the territories of any power in alliance or at peace with Singapore
126.  Whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, and any property used, or intended to be used, in committing such depredation, or acquired by such depredation, shall be forfeited.
[51/2007]
[Indian PC 1860, s. 126]
Receiving property taken by war or depredation mentioned in sections 125 and 126
127.  Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and the property so received shall be forfeited.
[51/2007]
[Indian PC 1860, s. 127]
Public servant voluntarily allowing prisoner of State or war in his custody to escape
128.  Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 128]
Public servant negligently suffering prisoner of State or war in his custody to escape
129.  Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 129]
Aiding escape of, rescuing, or harbouring such prisoner
130.  Whoever knowingly aids or assists any prisoner of State or prisoner of war in escaping from lawful custody or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
Explanation—. A prisoner of State or prisoner of war who is permitted to be at large on his parole within certain limits in Singapore, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
[Indian PC 1860, s. 130]
“Harbour”
130A.  In this Chapter, “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension.
Chapter VIA
PIRACY
Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849)
130B.
—(1)  A person commits piracy who does any act that, by the law of nations, is piracy.
(2)  Whoever commits piracy shall be punished with imprisonment for life and with caning with not less than 12 strokes, but if while committing or attempting to commit piracy he murders or attempts to murder another person or does any act that is likely to endanger the life of another person he shall be punished with death.
Piratical acts
130C.  Whoever, while in or out of Singapore —
(a)
steals a Singapore ship;
(b)
steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Singapore ship;
(c)
does or attempts to do a mutinous act on a Singapore ship; or
(d)
counsels or procures a person to do anything mentioned in paragraph (a), (b) or (c),
shall be punished with imprisonment for a term not exceeding 15 years and shall be liable to caning.
[35/93; 51/2007]
Chapter VIB
GENOCIDE
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.
[51/2007]
Punishment for genocide
130E.  Whoever commits genocide shall —
(a)
if the offence consists of the killing of any person, be punished with death; or
(b)
in any other case, be punished with imprisonment for life or with imprisonment for a term which may extend to 20 years.
[51/2007]
Chapter VII
OFFENCES RELATING TO THE ARMED FORCES
Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty
131.  Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore or attempts to seduce any such officer or serviceman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 131]
Abetment of mutiny, if mutiny is committed in consequence thereof
132.  Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 132]
Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office
133.  Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 133]
Abetment of such assault, if the assault is committed
134.  Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 134]
Abetment of the desertion of an officer or a serviceman
135.  Whoever abets the desertion of any officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 135]
Harbouring a deserter
136.  Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer or a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore has deserted, harbours such officer or serviceman shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Exception.—This provision does not extend to the case in which the harbour is given by a wife to her husband.
[Indian PC 1860, s. 136]
Deserter concealed on board merchant vessel through negligence of master
137.  The master or person in charge of a merchant vessel, on board of which any deserter from the Singapore Armed Forces or any visiting forces lawfully present in Singapore is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding $1,500, if he might have known of such concealment, but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
[51/2007]
[Indian PC 1860, s. 137]
Abetment of act of insubordination by an officer or a serviceman
138.  Whoever abets what he knows to be an act of insubordination by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.
[Indian PC 1860, s. 138]
Saving
139.  Where provision is made in any law relating to the discipline of the Singapore Armed Forces for the punishment of an offence corresponding to an offence defined in this Chapter, no person who is subject to such provision shall be subject to punishment under this Code for the offence defined in this Chapter.
[Indian PC 1860, s. 139]
Wearing the dress of a serviceman
140.  Whoever, not being a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, wears any garb or carries any token resembling any garb or token used by such a serviceman, with the intention that it may be believed that he is such a serviceman, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 140]
“Harbour”
140A.  In this Chapter, “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension.
Application of Chapter VII to Singapore Police Force
140B.  The provisions of this Chapter relating to offences committed in relation to members of the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall apply, with the necessary modifications, to similar acts committed in relation to members of the Singapore Police Force or any volunteer, auxiliary or special force attached to, or coming under the jurisdiction of, that Force.
Chapter VIII
OFFENCES RELATING TO
UNLAWFUL ASSEMBLY
Unlawful assembly
141.  An assembly of 5 or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is —
(a)
to overawe by criminal force, or show of criminal force, the Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant;
(b)
to resist the execution of any law, or of any legal process;
(c)
to commit any offence;
(d)
by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
(e)
by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
[51/2007]
Explanation—An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.
[Indian PC 1860, s. 141]
Being a member of an unlawful assembly
142.  Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
[Indian PC 1860, s. 142]
Punishment
143.  Whoever is a member of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 143]
Joining an unlawful assembly armed with any deadly weapon
144.  Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.
[51/2007]
Illustration
A wooden pole sharpened at the end is a thing which, used as a weapon of offence, is likely to cause death.
This illustration is applicable to sections 148 and 158.
[Indian PC 1860, s. 144]
Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse
145.  Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 145]
Force used by one member in prosecution of common object
146.  Whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
[Indian PC 1860, s. 146]
Punishment for rioting
147.  Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to caning.
[62/73; 51/2007]
[Indian PC 1860, s. 147]
Rioting, armed with a deadly weapon
148.  Whoever is guilty of rioting, being armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to caning.
[62/73; 51/2007]
Illustration
The last section is subject to the same illustration as section 144.
[Indian PC 1860, s. 148]
Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object
149.  If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence.
[Indian PC 1860, s. 149]
Hiring, or conniving at hiring, of persons to join an unlawful assembly
150.  Whoever hires, or engages, or employs, or promotes or connives at the hiring, engagement, or employment of any person to join or become a member of any unlawful assembly shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly, in pursuance of such hiring, engagement, or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.
[Indian PC 1860, s. 150]
Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse
151.  Whoever knowingly joins or continues in any assembly of 5 or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
Explanation—.If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.
[Indian PC 1860, s. 151]
Posting placards, etc.
151A.  [Repealed by Act 51 of 2007]
Assaulting or obstructing public servant when suppressing riot, etc.
152.  Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or an affray, or uses, or threatens or attempts to use, criminal force to such public servant, shall be punished with imprisonment for a term which may extend to 8 years, or with fine, or with both.
[62/73; 51/2007]
[Indian PC 1860, s. 152]
Wantonly giving provocation, with intent to cause riot
153.  Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting is committed in consequence of such provocation, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the offence of rioting is not committed, with imprisonment for a term which may extend to one year, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 153]
Owner or occupier of land on which an unlawful assembly is held
154.  Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding $5,000, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station, and do not, in the case of his or their having reason to believe that it is about to be committed, use all lawful means in his or their power to prevent it, and in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.
[51/2007]
[Indian PC 1860, s. 154]
Liability of person for whose benefit a riot is committed
155.  Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.
[Indian PC 1860, s. 155]
Liability of agent of owner or occupier for whose benefit a riot is committed
156.  Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.
[Indian PC 1860, s. 156]
Harbouring persons hired for an unlawful assembly
157.  Whoever harbours, receives or assembles in any house or premises in his occupation or charge, or under his control, any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 157]
Being hired to take part in an unlawful assembly or riot
158.  Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon, or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
Illustration
The last section is subject to the same illustration as section 144.
[Indian PC 1860, s. 158]
Affray
159.  [Repealed by Act 51 of 2007]
Punishment for committing affray
160.  [Repealed by Act 51 of 2007]
Chapter IX
OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Public servant taking a gratification, other than legal remuneration, in respect of an official act
161.  Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
Explanations“Expecting to be a public servant”. If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
“Gratification”. The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money.
“Legal remuneration”. The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by law to accept.
“A motive or reward for doing”. A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.
Illustration
(a)
A, a judge, obtains from Z, a banker, a situation in Z’s bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.
(b)
A, a public servant, induces Z erroneously to believe that A’s influence with another public servant has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section.
(c)
A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a grant of land for Z, and thus induces Z to give A money, as a reward for his service. A has committed the offence defined in this section.
[51/2007]
Taking a gratification in order, by corrupt or illegal means, to influence a public servant
162.  Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person, with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
Taking a gratification, for the exercise of personal influence with a public servant
163.  Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any Member of Parliament or the Cabinet, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Illustration
An advocate who receives a fee for arguing a case before a judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist; a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust — are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.
Punishment for abetment by public servant of the offences above defined
164.  Whoever, being a public servant, in respect of whom either of the offences defined in sections 162 and 163 is committed, abets the offence, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
Illustration
A is a public servant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to 3 years, or with fine, or with both.
Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant
165.  Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceedings or business transacted, or about to be transacted, by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Illustration
(a)
A, a judge, hires a house of Z, who has a case pending before him. It is agreed that A shall pay $50 a month, the house being such that, if the bargain were made in good faith, A would be required to pay $200 a month. A has obtained a valuable thing from Z without adequate consideration.
(b)
A, a judge, buys of Z, who has a cause pending in A’s court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.
(c)
Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.
Public servant disobeying a direction of the law, with intent to cause injury to any person
166.  Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Illustration
A, being an officer directed by law to take property in execution in order to satisfy a decree pronounced in Z’s favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
[Indian PC 1860, s. 166]
Public servant framing an incorrect document or electronic record with intent to cause injury
167.  Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause, or knowing it to be likely that he may thereby cause, injury to any person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 167]
Public servant unlawfully engaging in trade
168.  Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 168]
Public servant unlawfully buying or bidding for property
169.  Whoever, being a public servant, and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly or in shares with others, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and the property, if purchased, shall be confiscated.
[Indian PC 1860, s. 169]
Personating a public servant
170.  Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 170]
Wearing garb or carrying token used by public servant, with fraudulent intent
171.  Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,000, or with both.
[51/2007]
[Indian PC 1860, s. 171]
Chapter X
CONTEMPTS OF THE LAWFUL AUTHORITY
OF PUBLIC SERVANTS
Absconding to avoid arrest on warrant or service of summons, etc., proceeding from a public servant
172.  Whoever absconds in order to avoid being arrested on a warrant, or to avoid being served with a summons, a notice, or an order proceeding from any public servant, legally competent, as such public servant, to issue such warrant, summons, notice or order, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the summons, notice or order is to attend in person or by agent, or to produce a document or an electronic record before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 172]
Preventing service of summons, etc., or preventing publication thereof
173.  Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the summons, notice, order, or proclamation is to attend in person or by agent, or to produce a document or an electronic record before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 173]
Failure to attend in obedience to an order from a public servant
174.  Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, a notice, an order or a proclamation, proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at the place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or if the summons, notice, order or proclamation is to attend in person or by agent before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
Illustration
(a)
A, being legally bound to appear before the High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.
(b)
A, being legally bound to appear before a Magistrate as a witness, in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section.
[Indian PC 1860, s. 174]
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
175.  Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the document or electronic record is to be produced or delivered up to a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
Illustration
A, being legally bound to produce a document or an electronic record before a Magistrate’s Court, intentionally omits to produce the same. A has committed the offence defined in this section.
[51/2007]
[Indian PC 1860, s. 175]
Omission to give notice or information to a public servant by a person legally bound to give such notice or information
176.  Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence or in order to the apprehension of an offender, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 176]
Furnishing false information
177.  Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both; or, if the information which he is legally bound to furnish respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
Illustration
(a)
A, a landholder, knowing of the commission of a murder, within the limits of his estate, wilfully misinforms the police of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b)
[Deleted by Act 51 of 2007]
Explanation—In section 176 and in this section “offence” includes any act committed at any place out of Singapore, which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and “offender” includes any person who is alleged to have been guilty of any such act.
[Indian PC 1860, s. 177]
Refusing oath when duly required to take oath by a public servant
178.  Whoever refuses to bind himself by an oath to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 178]
Refusing to answer a public servant authorised to question
179.  Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant, in the exercise of the legal powers of such public servant, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 179]
Refusing to sign statement
180.  Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 180]
False statement on oath to public servant or person authorised to administer an oath
181.  Whoever, being legally bound by an oath to state the truth on any subject to any public servant or other person authorised by law to administer such oaths, makes to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 181]
False information, with intent to cause a public servant to use his lawful power to the injury of another person
182.  Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant to use the lawful power of such public servant to the injury or annoyance of any person, or to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, 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.
[51/2007]
Illustration
(a)
A informs a superintendent of police that Z, a police officer subordinate to such superintendent, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the superintendent to dismiss Z. A has committed the offence defined in this section.
(b)
A falsely informs a public servant that Z has contraband opium in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.
(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.
[51/2007]
[Indian PC 1860, s. 182]
Resistance to the taking of property by the lawful authority of a public servant
183.  Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 183]
Obstructing sale of property offered for sale by authority of a public servant
184.  Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant as such, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both.
[51/2007]
[Indian PC 1860, s. 184]
Illegal purchase or bid for property offered for sale by authority of a public servant
185.  Whoever, at any sale of property held by the lawful authority of a public servant as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both.
[51/2007]
[Indian PC 1860, s. 185]
Obstructing public servant in discharge of his public functions
186.  Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 186]
Omission to assist public servant when bound by law to give assistance
187.  Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both; and if such assistance is demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a court of justice, or of preventing the commission of an offence, or of suppressing a riot or an affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 187]
Disobedience to an order duly promulgated by a public servant
188.  Whoever, knowing that by an order promulgated by a public servant lawfully empowered to promulgate such order he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both; and if such disobedience causes or tends to cause danger to human life, health, or safety, or causes or tends to cause a riot or an affray, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $3,000, or with both.
[51/2007]
Explanation—.It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.
[Indian PC 1860, s. 188]
Threat of injury to a public servant
189.  Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 189]
Threat of injury to induce any person to refrain from applying for protection to a public servant
190.  Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application, for protection against any injury, to any public servant legally empowered as such to give such protection or to cause such protection to be given, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 190]
Chapter XI
FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Giving false evidence
191.  Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence.
Explanation 1.—A statement is within the meaning of this section whether it is made verbally or otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
Illustration
(a)
A, in support of a just claim which B has against Z for $1,000, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.
(b)
A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.
(c)
A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z, A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.
(d)
A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence as to whether Z was at that place on the day named, or not.
(e)
A, an interpreter or a translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.
[Indian PC 1860, s. 191]
Fabricating false evidence
192.  Whoever causes any circumstance to exist, or makes any false entry in any book or record or electronic record, or makes any document or electronic record containing a false statement, intending that such circumstance, false entry, or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry, or false statement, so appearing in evidence, may cause any person, who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.
[51/2007]
Illustration
(a)
A puts jewels into a box belonging to Z with the intention that they may be found in that box and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b)
A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a court of justice. A has fabricated false evidence.
(c)
A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence.
[Indian PC 1860, s. 192]
Punishment for false evidence
193.  Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
Explanation 1.—A trial before a court martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.
Illustration
A, in an inquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a court of justice according to law, and conducted under the authority of a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice.
Illustration
A, in an inquiry before an officer deputed by a court of justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.
[Indian PC 1860, s. 193]
Giving or fabricating false evidence with intent to procure conviction of a capital offence
194.  Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code, or under any other law for the time being in force, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine; and if an innocent person is convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.
[51/2007]
[Indian PC 1860, s. 194]
Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment
195.  Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code or under any other law for the time being in force is not capital, but punishable with imprisonment for life, or imprisonment for a term of 7 years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a court of justice, intending thereby to cause Z to be convicted of a gang-robbery. The punishment of gang-robbery is imprisonment for a term of not less than 5 years and not more than 20 years and also caning with not less than 12 strokes. A, therefore, is liable to such imprisonment, with caning.
[51/2007]
[Indian PC 1860, s. 195]
Using evidence known to be false
196.  Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
[Indian PC 1860, s. 196]
Issuing or signing a false certificate
197.  Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
[Indian PC 1860, s. 197]
Using as a true certificate one known to be false in a material point
198.  Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
[Indian PC 1860, s. 198]
False statement made in any declaration which is by law receivable as evidence
199.  Whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
[Indian PC 1860, s. 199]
Using as true any such declaration known to be false
200.  Whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Explanation—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.
[Indian PC 1860, s. 200]
Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender
201.  Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and if the offence is punishable with imprisonment for any term not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
[51/2007]
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment for 10 years, and also to fine.
[51/2007]
[Indian PC 1860, s. 201]
Intentional omission to give information of an offence, by person bound to inform
202.  Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.
[Indian PC 1860, s. 202]
Giving false information respecting an offence committed
203.  Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Explanation—In sections 201 and 202 and in this section “offence” includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.
[Indian PC 1860, s. 203]
Destruction of document or electronic record to prevent its production as evidence
204.  Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence before a court of justice, or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid, or after he has been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 204]
Obstructing, preventing, perverting or defeating course of justice
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.
[51/2007]
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.
[51/2007]
Bribery of witnesses
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 abstain from giving evidence;
(c)
attempts by any means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or withhold true testimony or abstain from giving evidence; or
(d)
asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, or any other person, upon any agreement or understanding that any person will as a witness in any judicial proceeding give false testimony or withhold true testimony or abstain from giving evidence,
shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[51/2007]
(2)  In this section, “judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken.
[51/2007]
False personation for the purpose of any act or proceeding in a suit
205.  Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued, or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Indian PC 1860, s. 205]
Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree
206.  Whoever fraudulently removes, conceals, transfers, or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or an order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 206]
Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree
207.  Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or an order which has been made or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 207]
Fraudulently suffering a decree for a sum not due
208.  Whoever fraudulently causes or suffers a decree or an order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or an order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.
[Indian PC 1860, s. 208]
Fraudulently or dishonestly making a false claim before a court of justice
209.  Whoever fraudulently, or dishonestly, or with intent to injure or annoy any person, makes before a court of justice any claim which he knows to be false, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine.
[Indian PC 1860, s. 209]
Fraudulently obtaining a decree for a sum not due
210.  Whoever fraudulently obtains a decree or an order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or an order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 210]
False charge of offence made with intent to injure
211.  Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for 7 years or upwards, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 211]
Harbouring an offender
212.  Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year and not to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.
In this section “offence” includes any act committed at any place out of Singapore which if committed in Singapore would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and every such act shall for the purposes of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore.
[51/2007]
Exception.—.This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
Illustration
A, knowing that B has committed gang-robbery, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for a term of not less than 5 years and not more than 20 years, A is liable to imprisonment for a term not exceeding 7 years, and is also liable to fine.
[51/2007]
[Indian PC 1860, s. 212]
Taking gifts, etc., to screen an offender from punishment
213.  Whoever accepts, or agrees to accept, or attempts to obtain any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 213]
Offering gift or restoration of property in consideration of screening offender
214.  Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 20 years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for that offence, or with fine, or with both.
[51/2007]
Exception.—. Sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.
[Indian PC 1860, s. 214]
Taking gift to help to recover stolen property, etc.
215.  Whoever takes, or agrees or consents to take, any gratification for himself or any other person under pretence or on account of helping any person to recover any movable property of which he has been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 215]
Harbouring an offender who has escaped from custody, or whose apprehension has been ordered
216.  Whenever any person convicted of, or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if the offence for which the person was in custody, or is ordered to be apprehended, is punishable with death, he shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; if the offence is punishable with imprisonment for life, or imprisonment which may extend to 20 years, he shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year and not to 20 years, he shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
In this section, “offence” includes also any act or omission of which a person is alleged to have been guilty out of Singapore which if he had been guilty of it in Singapore would have been punishable as an offence and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Singapore, and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore.
[51/2007]
Exception.—. This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
[Indian PC 1860, s. 216]
Harbouring robbers or gang-robbers, etc.
216A.  Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or gang-robbery, harbours them or any of them with the intention of facilitating the commission of such robbery or gang-robbery or of screening them or any of them from punishment, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
Explanation—. For the purpose of this section it is immaterial whether the robbery or gang-robbery is intended to be committed or has been committed within or without Singapore.
Exception.—This provision does not extend to the case in which the harbouring is by the husband or wife of the offender.
[Indian PC 1860, s. 216A]
“Harbour”
216B.  In sections 212, 216 and 216A, “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension.
Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture
217.  Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a lesser punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 217]
Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture
218.  Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Indian PC 1860, s. 218]
Public servant in a judicial proceeding making an order, etc., which he knows to be contrary to law
219.  Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict or decision which he knows to be contrary to law, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Indian PC 1860, s. 219]
Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
220.  Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Indian PC 1860, s. 220]
Intentional omission to apprehend on the part of a public servant bound by law to apprehend
221.  Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished —
(a)
with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with death;
(b)
with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to 20 years; or
(c)
with imprisonment for a term which may extend to 5 years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for a term less than 20 years.
[51/2007]
[Indian PC 1860, s. 221]
Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice
222.  Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a court of justice for any offence, or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished —
(a)
with imprisonment for life or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;
(b)
with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a court of justice, or by virtue of a commutation of such sentence, to imprisonment for a term of 20 years or upwards; or
(c)
with imprisonment for a term which may extend to 7 years, or with fine or with both, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a court of justice, to imprisonment for a term less than 20 years, or if the person was lawfully committed to custody.
[51/2007]
[Indian PC 1860, s. 222]
Escape from confinement negligently suffered by a public servant
223.  Whoever, being a public servant, legally bound as such public servant to keep in confinement any person charged with or convicted of any offence, or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 223]
Resistance or obstruction by a person to his lawful apprehension
224.  Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged, or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Explanation—The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged or of which he was convicted.
[Indian PC 1860, s. 224]
Resistance or obstruction to the lawful apprehension of another person
225.  Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence —
(a)
shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both;
(b)
if the person to be apprehended, or the person rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to 20 years, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine;
(c)
if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine;
(d)
if the person to be apprehended or rescued, or attempted to be rescued, is liable, under the sentence of a court of justice, or by virtue of a commutation of such a sentence, to imprisonment for a term of 10 years or upwards, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; or
(e)
if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment for a term not exceeding 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 225]
Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for
225A.  Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person in any case not provided for in section 221, 222 or 223, or in any other law for the time being in force, omits to apprehend that person, or suffers him to escape from confinement, shall be punished —
(a)
if he does so intentionally, with imprisonment for a term which may extend to 3 years, or with fine, or with both; or
(b)
if he does so negligently, with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 225A]
Resistance or obstruction to lawful apprehension, or escape, or rescue, in cases not otherwise provided for
225B.  Whoever, in any case not provided for in section 224 or 225, or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 225B]
Offences against laws of Singapore where no special punishment is provided
225C.  Whoever does anything which by any law in force in Singapore he is prohibited from doing, or omits to do anything which he is so enjoined to do, shall, when no special punishment is provided by the law for such commission or omission, be punished with fine not exceeding $2,000.
[51/2007]
Unlawful return from banishment
226.  Whoever, having been lawfully banished, or otherwise lawfully sent out of Singapore, returns to Singapore, the term for which he was banished or sent out of Singapore not having expired, and he not having received a remission of punishment, or otherwise not having lawful authority to return to Singapore, shall be punished with imprisonment for a term which shall not exceed that for which he was banished or sent out of Singapore, and shall also be liable to fine.
Explanation—A person ordered to be banished from Singapore under the Banishment Act (Cap. 18) is liable to punishment for returning unlawfully to Singapore under this section.
Violation of condition of remission of punishment
227.  Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.
[Indian PC 1860, s. 227]
Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding
228.  Whoever intentionally offers any insult or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 228]
Personation of an assessor
229.  Whoever, by personation or otherwise, intentionally causes or knowingly suffers himself to be returned, empanelled, or sworn as an assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled, or sworn, or knowing himself to have been so returned, empanelled, or sworn contrary to law, voluntarily serves as such assessor, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 229]
Chapter XII
OFFENCES RELATING TO COIN
AND GOVERNMENT STAMPS
“Coin” and “current coin”
230.  “Coin” is metal used as money stamped and issued by the authority of the Government or by the authority of the government of any foreign country in order to be so used.
“Current coin” means coin which is legal tender in Singapore or in any foreign country.
[51/2007]
Illustration
(a) to (c) [Deleted by Act 51 of 2007]
[Indian PC 1860, s. 230]
Counterfeiting coin
231.  Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
Explanation—A person commits this offence, who, intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.
[Indian PC 1860, s. 231]
Counterfeiting current coin
232.  Whoever counterfeits or knowingly performs any part of the process of counterfeiting current coin, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 232]
Making or selling instrument for counterfeiting coin
233.  Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 233]
Making or selling instrument for counterfeiting current coin
234.  Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting current coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 234]
Possession of instrument or material for the purpose of using the same for counterfeiting coin
235.  Whoever is in possession of any instrument or material for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the coin to be counterfeited is current coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 235]
Abetting in Singapore the counterfeiting out of Singapore of coin or current coin
236.  Whoever, being within Singapore, abets the counterfeiting of coin or current coin out of Singapore, shall be punished in the same manner as if he abetted the counterfeiting of such coin or current coin within Singapore.
[51/2007]
[Indian PC 1860, s. 236]
Import or export of counterfeit coin
237.  Whoever imports into Singapore, or exports therefrom, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 237]
Import or export of counterfeits of current coin
238.  Whoever imports into Singapore, or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit of current coin, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 238]
Delivery to another of coin, possessed with the knowledge that it is counterfeit
239.  Whoever, having any counterfeit coin which at the time when he became possessed of it he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[Indian PC 1860, s. 239]
Delivery of current coin, possessed with the knowledge that it is counterfeit
240.  Whoever, having any counterfeit coin which is a counterfeit of current coin, and which at the time when he became possessed of it he knew to be a counterfeit of current coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 240]
Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit
241.  Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit 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 2 years, or with fine to an amount which may extend to 10 times the value of the coin counterfeited, or with both.
Illustration
A, a coiner, delivers counterfeit Hong Kong dollars to his accomplice B, for the purpose of uttering them. B sells the dollars to C, another utterer, who buys them knowing them to be counterfeit. C pays away the dollars for goods to D, who receives them, not knowing them to be counterfeit. D, after receiving the dollars, discovers that they are counterfeit, and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240 as the case may be.
[Indian PC 1860, s. 241]
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.
[51/2007]
Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof
242.  Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed of it that the coin was counterfeit, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 242]
Possession of current coin by a person who knew it to be counterfeit when he became possessed thereof
243.  Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of current coin, having known at the time when he became possessed of it that it was a counterfeit, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 243]
Forfeiture of counterfeit coin
243A.  [Repealed by Act 51 of 2007]
Fraudulently or dishonestly diminishing the weight or altering the composition of any coin
*246.  Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
Explanation—A person who scoops out part of the coin and puts anything else into the cavity, alters the composition of that coin.
[Indian PC 1860, s. 246]
*  There are no sections 244 and 245.
Fraudulently or dishonestly diminishing the weight or altering the composition of current coin
247.  Whoever fraudulently or dishonestly performs on any current coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 247]
Altering appearance of any coin with intent that it shall pass as a coin of a different description
248.  Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that that coin shall pass as a coin of a different description, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 248]
Altering appearance of current coin with intent that it shall pass as a coin of a different description
249.  Whoever performs on any current coin any operation which alters the appearance of that coin, with the intention that that coin shall pass as a coin of a different description, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 249]
Delivery to another of coin possessed with the knowledge that it is altered
250.  Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of the coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers the coin to any other person, or attempts to induce any other person to receive the coin, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[Indian PC 1860, s. 250]
Delivery of current coin possessed with the knowledge that it is altered
251.  Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of the coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers the coin to any other person, or attempts to induce any other person to receive the coin, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 251]
Possession of altered coin by a person who knew it to be altered when he became possessed thereof
252.  Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in section 246 or 248 has been committed, having known at the time of becoming possessed thereof that that offence had been committed with respect to such coin, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 252]
Possession of current coin by a person who knew it to be altered when he became possessed thereof
253.  Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in section 247 or 249 has been committed, having known at the time of becoming possessed thereof that that offence had been committed with respect to such coin, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[Indian PC 1860, s. 253]
Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be altered
254.  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 246 or 248 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 2 years, or with fine to an amount which may extend to 10 times the value of the coin for which the altered coin is passed or attempted to be passed.
[51/2007]
[Indian PC 1860, s. 254]
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.
[51/2007]
Counterfeiting a Government stamp
*255.  Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
Explanation—A person who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination commits this offence.
[Indian PC 1860, s. 255]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Having possession of an instrument or material for the purpose of counterfeiting a Government stamp
*256.  Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 256]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Making or selling an instrument for the purpose of counterfeiting a Government stamp
*257.  Whoever makes, performs any part of the process of making, buys, sells or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 257]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Sale of counterfeit Government stamp
*258.  Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 258]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Having possession of a counterfeit Government stamp
*259.  Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by the Government for the purpose of revenue, intending to use or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 259]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Using as genuine a Government stamp known to be counterfeit
*260.  Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by the Government for the purpose of revenue, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Indian PC 1860, s. 260]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
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
*261.  Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance bearing any stamp issued by the Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Indian PC 1860, s. 261]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Using a Government stamp known to have been before used
*262.  Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by the Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 262]
*  Pursuant to section 39(1) of the Stamp Duties (Amendment) Act 1999 (Act 33 of 1999), any reference to a Government stamp or stamp in sections 255 to 262 of the Penal Code (Cap. 224) shall be read as including a reference to a stamp certificate issued under the Stamp Duties Act (Cap. 312) as amended by the Stamp Duties (Amendment) Act 1999.
Erasure of mark denoting that stamp has been used
263.  Whoever, fraudulently or with intent to cause loss to the Government, erases or removes from a stamp issued by the Government for the purpose of revenue, any mark put or impressed upon such stamp for the purpose of denoting that the stamp has been used, or knowingly has in his possession, or sells or disposes of, any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Indian PC 1860, s. 263]
Chapter XIII
OFFENCES RELATING TO
WEIGHTS AND MEASURES
Fraudulent use of false instrument for weighing
264.  Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 264]
Fraudulent use of false weight or measure
265.  Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 265]
Being in possession of false weights or measures
266.  Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, intending that the same may be fraudulently used, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 266]
Making or selling false weights or measures
267.  Whoever makes, sells, or disposes of, any instrument for weighing, or any weight, or any measure of length or capacity, which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 267]
Chapter XIV
OFFENCES AFFECTING
THE PUBLIC TRANQUILITY, PUBLIC HEALTH,
SAFETY, CONVENIENCE, DECENCY
AND MORALS
Affray
267A.  Where 2 or more persons disturb the public peace by fighting in a public place, they are said to “commit an affray”.
[51/2007]
Punishment for committing 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.
[51/2007]
Making, printing, etc., document containing incitement to violence, etc.
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.
[51/2007]
Public nuisance
268.  A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
Explanation—. A common nuisance is not excused on the ground that it causes some convenience or advantage.
[Indian PC 1860, s. 268]
Negligent act likely to spread infection of any disease dangerous to life
269.  Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.