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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

 
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On 20/04/2014, you requested the version in force on 20/04/2014 incorporating all amendments published on or before 20/04/2014. The closest version currently available is that of 01/01/2013.
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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.
[51/2007]
[Indian PC 1860, s. 269]
Malignant act likely to spread infection of any disease dangerous to life
270.  Whoever malignantly 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 4 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 270]
Disobedience to a quarantine rule
271.  Whoever knowingly disobeys any rule lawfully made and promulgated for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, 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. 271]
Adulteration of food or drink which is intended for sale
272.  Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,500, or with both.
[51/2007]
[Indian PC 1860, s. 272]
Sale of noxious food or drink
273.  Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, 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. 273]
Adulteration of drugs
274.  Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy, or change the operation, of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for any medicinal purpose, as if it had not undergone such adulteration, 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. 274]
Sale of adulterated drugs
275.  Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, 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. 275]
Sale of any drug as a different drug or preparation
276.  Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, 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. 276]
Fouling the water of a public spring or reservoir
277.  Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 277]
Making atmosphere noxious to health
278.  Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 278]
Rash driving or riding on a public way
279.  Whoever drives any vehicle, or rides, on any public way, in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 279]
Rash navigation of a vessel
280.  Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 280]
Exhibition of a false light, mark or buoy
281.  Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Indian PC 1860, s. 281]
Conveying person by water for hire in a vessel overloaded or unsafe
282.  Whoever knowingly or negligently conveys, or causes to be conveyed, for hire any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 282]
Danger or obstruction in a public way or navigation
283.  Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to $1,000.
[51/2007]
[Indian PC 1860, s. 283]
Negligent conduct with respect to any poisonous substance
284.  Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, 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. 284]
Negligent conduct with respect to any fire or combustible matter
285.  Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, 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. 285]
Negligent conduct with respect to any explosive substance
286.  Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from such substance, 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. 286]
Negligent conduct with respect to any machinery in the possession or under the charge of the offender
287.  Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, 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. 287]
Negligence in pulling down or repairing buildings
288.  Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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. 288]
Negligence with respect to any animal
289.  Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, 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. 289]
Punishment for public nuisance
290.  Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to $1,000.
[51/2007]
[Indian PC 1860, s. 290]
Continuance of nuisance after injunction to discontinue
291.  Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.
[Indian PC 1860, s. 291]
Sale of obscene books, etc.
292.
—(1)  Whoever —
(a)
sells, lets to hire, distributes, transmits by electronic means, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, transmission, public exhibition or circulation, makes, produces, or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure, or any other obscene object whatsoever;
(b)
imports, exports, transmits by electronic means or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited, or in any manner put into circulation;
(c)
takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, transmitted by electronic means, purchased, kept, imported, exported, conveyed, publicly exhibited, or in any manner put into circulation;
(d)
advertises, or makes known by any means whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or
(e)
offers or attempts to do any act which is an offence under this section,
shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.
[51/2007]
(2)  For the purposes of this section, “object” includes data stored in a computer disc, or by other electronic means, that is capable of conversion to images, writing or any other form of representation.
[51/2007]
(3)  For the purposes of this section and section 293, an object shall be deemed not to be obscene if the sale, letting to hire, distribution, exhibition, circulation, import, export or conveyance of, or any other dealing in, the object is authorised by or under any written law.
[51/2007]
Exception.—. —This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes, or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
[Indian PC 1860, s. 292]
Sale, etc., of obscene objects to young person
293.  Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of 21 years any such obscene object as is referred to in section 292, or offers or attempts to do so, 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. 293]
Obscene songs
294.  Whoever, to the annoyance of others —
(a)
does any obscene act in any public place; or
(b)
sings, recites or utters any obscene song, ballad or words in or near any public place,
shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.
[Indian PC 1860, s. 294]
Chapter XV
OFFENCES RELATING TO
RELIGION OR RACE
Injuring or defiling a place of worship with intent to insult the religion of any class
295.  Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 295]
Disturbing a religious assembly
296.  Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 296]
Trespassing on burial places, etc.
297.  Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture or any place set apart for the performance of funeral rites, or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 297]
Uttering words, etc., with deliberate intent to wound the religious or racial feelings of any person
298.  Whoever, with deliberate intention of wounding the religious or racial feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, or causes any matter however represented to be seen or heard by that person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 298]
Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony
298A.  Whoever —
(a)
by words, either spoken or written, or by signs or by visible representations or otherwise, knowingly promotes or attempts to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill-will between different religious or racial groups; or
(b)
commits any act which he knows is prejudicial to the maintenance of harmony between different religious or racial groups and which disturbs or is likely to disturb the public tranquility,
shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 153A]
Chapter XVI
OFFENCES AFFECTING
THE HUMAN BODY
Offences affecting life
Culpable homicide
299.  Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Illustration
(a)
A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(b)
A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c)
[Deleted by Act 51 of 2007]
Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.
Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
[Indian PC 1860, s. 299]
Murder
300.  Except in the cases hereinafter excepted culpable homicide is murder —
(a)
if the act by which the death is caused is done with the intention of causing death;
(b)
if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;
(c)
if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d)
if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid.
Illustration
(a)
A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b)
A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.
(c)
A intentionally gives Z a knife-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death.
(d)
A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.
[51/2007]
When culpable homicide is not murder
Exception 1.—Culpable homicide is not murder if the offender whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident.
Exception.—The above exception is subject to the following provisos:
(a)
that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person;
(b)
that the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant;
(c)
that the provocation is not given by anything done in the lawful exercise of the right of private defence.
Explanation—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
Illustration
(a)
A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.
(b)
Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder but merely culpable homicide.
(c)
A is lawfully arrested by Z, a police officer. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.
(d)
A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.
(e)
A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence.
(f)
Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
[51/2007]
Exception 2.—Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law, and causes the death of the person against whom he is exercising such right of defence, without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration
[Deleted by Act 51 of 2007]
Exception 3.—Culpable homicide is not murder if the offender, being a public servant, or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant, and without ill-will towards the person whose death is caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and without the offender having taken undue advantage or acted in a cruel or unusual manner.
Explanation—It is immaterial in such cases which party offers the provocation or commits the first assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of 18 years, suffers death or takes the risk of death with his own consent.
Illustration
A, by instigation, voluntarily causes Z, a person under 18 years of age, to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death. A has therefore abetted murder.
Exception 6.—Culpable homicide is not murder if the offender being a woman voluntarily causes the death of her child being a child under the age of 12 months, and at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.
Exception 7.—Culpable homicide is not murder if the offender was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in causing the death or being a party to causing the death.
[Indian PC 1860, s. 300]
Culpable homicide by causing the death of a person other than the person whose death was intended
301.  If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
[Indian PC 1860, s. 301]
Punishment for murder
302.
—(1)  Whoever commits murder within the meaning of section 300(a) shall be punished with death.
(2)  Whoever commits murder within the meaning of section 300(b), (c) or (d) shall be punished with death or imprisonment for life and shall, if he is not punished with death, also be liable to caning.
Punishment for culpable homicide not amounting to murder
304.  Whoever commits culpable homicide not amounting to murder shall —
(a)
if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, be punished with —
(i)
imprisonment for life, and shall also be liable to caning; or
(ii)
imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; or
(b)
if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death, be punished with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or with any combination of such punishments.
Causing death by rash or negligent act
304A.  Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished —
(a)
in the case of a rash act, with imprisonment for a term which may extend to 5 years, or with fine, or with both; or
(b)
in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 304A]
Abetment of suicide of child or insane person
305.  If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 305]
Abetment of suicide
306.  If any person commits suicide, whoever abets the commission of such suicide 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. 306]
Attempt to murder
307.
—(1)  Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to imprisonment for a term which may extend to 20 years, and shall also be liable to caning or fine or both.
[62/73; 51/2007]
Illustration
(a)
A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section.
(b)
A, with intention of causing the death of a child of tender years, throws the child into a river. A has committed the offence defined by this section, although the death of the child does not ensue.
(c)
A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section; and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of this section.
(d)
A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.
[51/2007]
Other offences by convicts
(2)  When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
[Indian PC 1860, s. 307]
Attempt to commit culpable homicide
308.  Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both; and if hurt is caused to any person by such act, the offender shall be punished with imprisonment for a term which may extend to 15 years, or with fine, or with caning, or with any combination of such punishments.
[51/2007]
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
[Indian PC 1860, s. 308]
Attempt to commit suicide
309.  Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 309]
Infanticide
310.  When any woman by any wilful act or omission causes the death of her child being a child under the age of 12 months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of the offence of infanticide.
Punishment for infanticide
311.  Whoever commits the offence of infanticide shall be punished at the discretion of the court with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Causing miscarriage; injuries to
unborn children; exposure of infants; and concealment of births
Causing miscarriage
312.  Subject to the provisions of the Termination of Pregnancy Act (Cap. 324), whoever voluntarily causes a woman with child to miscarry, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[32/80]
Explanation—A woman who causes herself to miscarry is within the meaning of this section.
[Indian PC 1860, s. 312]
Causing miscarriage without woman’s consent
313.  Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child or not, 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. 313]
Death caused by act done with intent to cause miscarriage
314.  Subject to the provisions of the Termination of Pregnancy Act (Cap. 324), whoever with intent to cause the miscarriage of a woman with child does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above-mentioned.
[32/80]
Explanation—It is not essential to this offence that the offender should know that the act is likely to cause death.
[Indian PC 1860, s. 314]
Child destruction before, at or immediately after birth
315.
—(1)  Subject to the provisions of the Termination of Pregnancy Act, whoever, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother or by such act causes the child to die after its birth, shall, unless such act is immediately necessary to save the life of the mother, be punished with imprisonment for a term not exceeding 10 years, or with fine, or with both.
[32/80; 51/2007]
(2)  For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of 28 weeks or more shall be prima facie evidence that she was at that time pregnant of a child capable of being born alive.
[Indian PC 1860, s. 315]
Causing death of a quick unborn child by an act amounting to culpable homicide
316.  Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Illustration
A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
[Indian PC 1860, s. 316]
Exposure and abandonment of a child under 12 years by parent or person having care of it
317.  Whoever, being the father or mother of a child under the age of 12 years, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
Explanation—This section is not intended to prevent the trial of the offender for murder or culpable homicide as the case may be, if the child dies in consequence of the exposure.
[Indian PC 1860, s. 317]
Concealment of birth by secret disposal of dead body
318.  Whoever by secretly burying or otherwise disposing of the dead body of a child, whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 318]
Hurt
Hurt
319.  Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Explanation—A person is said to cause hurt if he causes another person to be unconscious.
[51/2007]
[Indian PC 1860, s. 319]
Grievous hurt
320.  The following kinds of hurt only are designated as “grievous”:
(a)
emasculation;
(aa)
death;
(b)
permanent privation of the sight of either eye;
(c)
permanent privation of the hearing of either ear;
(d)
privation of any member or joint;
(e)
destruction or permanent impairing of the powers of any member or joint;
(f)
permanent disfiguration of the head or face;
(g)
fracture or dislocation of a bone;
(h)
any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits;
(i)
penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain.
[51/2007]
[Indian PC 1860, s. 320]
Voluntarily causing hurt
321.  Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
[Indian PC 1860, s. 321]
Voluntarily causing grievous hurt
322.  Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanation—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if, intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustration
A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face but which causes Z to suffer severe bodily pain for the space of 20 days. A has voluntarily caused grievous hurt.
[Indian PC 1860, s. 322]
Punishment for voluntarily causing hurt
323.  Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 323]
Voluntarily causing hurt by dangerous weapons or means
324.  Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments.
[62/73; 51/2007]
[Indian PC 1860, s. 324]
Punishment for voluntarily causing grievous hurt
325.  Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[62/73; 51/2007]
[Indian PC 1860, s. 325]
Voluntarily causing grievous hurt by dangerous weapons or means
326.  Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, 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 or to caning.
[51/2007]
[Indian PC 1860, s. 326]
Voluntarily causing hurt to extort property or to constrain to an illegal act
327.  Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 327]
Causing hurt by means of poison, etc., with intent to commit an offence
328.  Whoever administers to, or causes to be taken by, any person any poison or any stupefying, intoxicating or unwholesome drug or other thing, with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[51/2007]
[Indian PC 1860, s. 328]
Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act
329.  Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 329]
Voluntarily causing hurt to extort confession or to compel restoration of property
330.  Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning.
[51/2007]
Illustration
(a)
A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.
(b)
A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.
(c)
A, a customs officer, tortures Z in order to compel him to confess to a pretended offence against the customs laws. A is guilty of an offence under this section.
[Indian PC 1860, s. 330]
Voluntarily causing grievous hurt to extort confession or to compel restoration of property
331.  Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[62/73]
[Indian PC 1860, s. 331]
Voluntarily causing hurt to deter public servant from his duty
332.  Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments.
[62/73; 51/2007]
[Indian PC 1860, s. 332]
Voluntarily causing grievous hurt to deter public servant from his duty
333.  Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning.
[62/73; 51/2007]
[Indian PC 1860, s. 333]
Voluntarily causing hurt on provocation
334.  Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, 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. 334]
Causing grievous hurt on provocation
335.  Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 years, or with fine which may extend to $10,000, or with both.
[51/2007]
ExplanationSections 334 and 335 are subject to the same provisos as exception 1 of section 300.
[Indian PC 1860, s. 335]
Punishment for act which endangers life or the personal safety of others
336.  Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —
(a)
in the case of a rash act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both; or
(b)
in the case of a negligent act, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.
[51/2007]
[Indian PC 1860, s. 336]
Causing hurt by an act which endangers life or the personal safety of others
337.  Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —
(a)
in the case of a rash act, with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; or
(b)
in the case of a negligent act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.
[51/2007]
[Indian PC 1860, s. 337]
Causing grievous hurt by an act which endangers life or the personal safety of others
338.  Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —
(a)
in the case of a rash act, with imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both; or
(b)
in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both.
[51/2007]
[Indian PC 1860, s. 338]
Wrongful restraint and wrongful confinement
Wrongful restraint
339.  Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
[Indian PC 1860, s. 339]
Wrongful confinement
340.  Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Illustration
(a)
A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b)
A places men with firearms at the outlets of a building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
[Indian PC 1860, s. 340]
Punishment for wrongful restraint
341.  Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both.
[51/2007]
[Indian PC 1860, s. 341]
Punishment for wrongful confinement
342.  Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 342]
Wrongful confinement for 3 or more days
343.  Whoever wrongfully confines any person for 3 days or more, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 343]
Wrongful confinement for 10 or more days
344.  Whoever wrongfully confines any person for 10 days or more, 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. 344]
Wrongful confinement of person for whose liberation a writ has been issued
345.  Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any term of imprisonment to which he may be liable under any other section of this Code.
[Indian PC 1860, s. 345]
Wrongful confinement in secret
346.  Whoever wrongfully confines any person in such a manner as to indicate an intention that the confinement of that person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any other punishment to which he may be liable for such wrongful confinement.
[Indian PC 1860, s. 346]
Wrongful confinement for the purpose of extorting property or constraining to an illegal act
347.  Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 347]
Wrongful confinement for the purpose of extorting confession or of compelling restoration of property
348.  Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.
[Indian PC 1860, s. 348]
Criminal force and assault
Force
349.  A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling:
Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following 3 ways:
(a)
by his own bodily power;
(b)
by disposing any substance in such a manner that the motion, or change or cessation of motion, takes place without any further act on his part, or on the part of any other person;
(c)
by inducing any animal to move, to change its motion, or to cease to move.
[Indian PC 1860, s. 349]
Criminal force
350.  Whoever intentionally uses force to any person, without that person’s consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause, or knowing it to be likely that by the use of such force he will illegally cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
Illustration
(a)
Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to cause the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b)
Z is riding a horse. A lashes Z’s horse, and thereby causes it to quicken its pace. Here A has caused change of motion to Z by inducing the horse to change its motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
(c)
Z is riding a horse. A, intending to cause hurt to Z, seizes the horse and stops it. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally without Z’s consent, in order to cause the commission of an offence, A has used criminal force to Z.
(d)
A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(e)
A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes, or something carried by Z. Here if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he has done so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.
(f)
A intentionally pulls up a woman’s veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.
(g)
Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force to Z.
(h)
A incites a dog to spring upon Z without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.
(i)
[Deleted by Act 51 of 2007]
[51/2007]
[Indian PC 1860, s. 350]
Assault
351.  Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation—Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.
Illustration
(a)
A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.
(b)
A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
(c)
A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault.
[Indian PC 1860, s. 351]
Punishment for using criminal force otherwise than on grave and sudden provocation
352.  Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.
[51/2007]
Explanation—Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or
if the provocation is given by anything done in obedience to the law or by a public servant in the lawful exercise of the powers of such public servant; or
if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
[Indian PC 1860, s. 352]
Using criminal force to deter a public servant from discharge of his duty
353.  Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 353]
Assault or use of criminal force to a person with intent to outrage modesty
354.
—(1)  Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments.
[51/2007]
(2)  Whoever commits an offence under subsection (1) against any person under 14 years of age shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.
[51/2007]
[Indian PC 1860, s. 354]
Outraging modesty in certain circumstances
354A.
—(1)  Whoever, in order to commit or to facilitate the commission of an offence against any person under section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.
[23/84]
(2)  Whoever commits an offence under subsection (1) —
(a)
in a lift in any building; or
(b)
against any person under 14 years of age,
shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and with caning.
Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation
355.  Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 355]
Assault or criminal force in committing or attempting to commit theft of property carried by a person
356.  Whoever assaults or uses criminal force on any person, in committing or attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term of not less than one year and not more than 7 years, and shall also be liable to caning.
[23/84]
[Indian PC 1860, s. 356]
Assault or criminal force in attempting wrongfully to confine a person
357.  Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 357]
Assaulting or using criminal force on grave and sudden provocation
358.  Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both.
[51/2007]
Explanation—. —This section is subject to the same explanation as section 352.
[Indian PC 1860, s. 358]
Kidnapping, abduction, slavery and forced labour
Kidnapping
359.  Kidnapping is of two kinds: kidnapping from Singapore, and kidnapping from lawful guardianship.
[Indian PC 1860, s. 359]
Kidnapping from Singapore
360.  Whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Singapore.
[Indian PC 1860, s. 360]
Kidnapping from lawful guardianship
361.  Whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Explanation—. —The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
[Indian PC 1860, s. 361]
Abduction
362.  Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person.
[Indian PC 1860, s. 362]
Punishment for kidnapping
363.  Whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 363]
Punishment for abduction
363A.  Whoever abducts any person shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments.
[51/2007]
Kidnapping or abducting in order to murder
364.  Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning.
Illustration
(a)
A kidnaps Z from Singapore, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b)
A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
[Indian PC 1860, s. 364]
364A.  [Deleted by Act 19/2010 wef 21/11/2010]
Kidnapping or abducting with intent secretly and wrongfully to confine a person
365.  Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 365]
Kidnapping or abducting a woman to compel her marriage, etc.
366.  Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 366]
Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
367.  Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non-consensual penile penetration of the anus, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[51/2007]
[Indian PC 1860, s. 367]
Wrongfully concealing or keeping in confinement a kidnapped person
368.  Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or keeps such person in confinement, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement.
[Indian PC 1860, s. 368]
Kidnapping or abducting child under 10 years with intent to steal movable property from the person of such child
369.  Whoever kidnaps or abducts any child under the age of 10 years, with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[Indian PC 1860, s. 369]
Buying or disposing of any person as a slave
370.  Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 370]
Habitual dealing in slaves
371.  Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 371]
Selling minor for purposes of prostitution, etc.
372.  Whoever sells, lets to hire, or otherwise disposes of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Explanation—When a female under the age of 21 years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
[Indian PC 1860, s. 372]
Buying minor for purposes of prostitution, etc.
373.  Whoever buys, hires or otherwise obtains possession of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Explanation—Any prostitute, or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of 21 years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
[Indian PC 1860, s. 373]
Importing woman for purposes of prostitution, etc.
373A.  Whoever —
(a)
by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Singapore any woman with intent that such woman may be employed or used for the purpose of prostitution;
(b)
brings, or assists in bringing, into Singapore any woman with intent that such woman may be sold or bought for the purpose of prostitution; or
(c)
sells or buys any woman for the purpose of prostitution,
shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
Unlawful compulsory labour
374.  Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 374]
Sexual offences
Rape
375.
—(1)  Any man who penetrates the vagina of a woman with his penis —
(a)
without her consent; or
(b)
with or without her consent, when she is under 14 years of age,
shall be guilty of an offence.
[51/2007]
(2)  Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
(3)  Whoever —
(a)
in order to commit or to facilitate the commission of an offence under subsection (1) —
(i)
voluntarily causes hurt to the woman or to any other person; or
(ii)
puts her in fear of death or hurt to herself or any other person; or
(b)
commits an offence under subsection (1) with a woman under 14 years of age without her consent,
shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[51/2007]
(4)  No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence —
(a)
his wife was living apart from him —
(i)
under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
(ii)
under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
(iii)
under a judgment or decree of judicial separation; or
(iv)
under a written separation agreement;
(b)
his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
(c)
there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
(d)
there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
(e)
his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
[51/2007]
(5)  Notwithstanding subsection (4), no man shall be guilty of an offence under subsection (1)(b) for an act of penetration against his wife with her consent.
[51/2007]
[UK SOA 2003, s. 1; SPC 1985 Ed., s. 375 (repealed); SPC 1985 Ed., s. 376 (repealed); Indian PC 1860, s. 375; Malaysia PC 2006 Ed., s. 375]
Sexual assault by penetration
376.
—(1)  Any man (A) who —
(a)
penetrates, with A’s penis, the anus or mouth of another person (B); or
(b)
causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,
shall be guilty of an offence if B did not consent to the penetration.
[51/2007]
(2)  Any person (A) who —
(a)
sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B);
(b)
causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person (C); or
(c)
causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,
shall be guilty of an offence if B did not consent to the penetration.
[51/2007]
(3)  Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
(4)  Whoever —
(a)
in order to commit or to facilitate the commission of an offence under subsection (1) or (2) —
(i)
voluntarily causes hurt to any person; or
(ii)
puts any person in fear of death or hurt to himself or any other person; or
(b)
commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age,
shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[51/2007]
[UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)]
Sexual penetration of minor under 16
376A.
—(1)  Any person (A) who —
(a)
penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);
(b)
sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);
(c)
causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d)
causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,
with or without B’s consent, shall be guilty of an offence.
[51/2007]
(2)  Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
(3)  Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
(4)  No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.
[51/2007]
(5)  No man shall be guilty of an offence under subsection (1)(a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence —
(a)
his wife was living apart from him —
(i)
under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
(ii)
under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
(iii)
under a judgment or decree of judicial separation; or
(iv)
under a written separation agreement;
(b)
his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
(c)
there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
(d)
there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
(e)
his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
[51/2007]
[UK SOA 2003, ss. 6, 8; SPC 1985 Ed., s. 375(e) (read with s. 376(1) (repealed)); SPC 1985 Ed., s. 375; Malaysia PC 2006 Ed., s. 375]
Commercial sex with minor under 18
376B.
—(1)  Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[51/2007]
(2)  Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
(3)  No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse.
[51/2007]
(4)  In this section, “sexual services” means any sexual services involving —
(a)
sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else; or
(b)
penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis.
[51/2007]
[Canada CC R.S. 1985, s. 212; SPC 1985 Ed., s. 376A(1)]
Commercial sex with minor under 18 outside Singapore
376C.
—(1)  Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.
[51/2007]
(2)  A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B.
[51/2007]
[NZ CA 1961, s. 144A]
Tour outside Singapore for commercial sex with minor under 18
376D.
—(1)  Any person who —
(a)
makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person;
(b)
transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or
(c)
prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct,
shall be guilty of an offence.
[51/2007]
(2)  For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication.
[51/2007]
(3)  A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
[NZ CA 1961, s. 144C]
Sexual grooming of minor under 16
376E.
—(1)  Any person of or above the age of 21 years (A) shall be guilty of an offence if having met or communicated with another person (B) on 2 or more previous occasions —
(a)
A intentionally meets B or travels with the intention of meeting B; and
(b)
at the time of the acts referred to in paragraph (a) —
(i)
A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;
(ii)
B is under 16 years of age; and
(iii)
A does not reasonably believe that B is of or above the age of 16 years.
[51/2007]
(2)  In subsection (1), “relevant offence” means an offence under —
(b)
section 7 of the Children and Young Persons Act (Cap. 38); or
(c)
section 140(1) of the Women’s Charter (Cap. 353).
[51/2007]
(3)  For the purposes of this section, it is immaterial whether the 2 or more previous occasions of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.
[51/2007]
(4)  A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
[UK SOA 2003, s. 15]
Procurement of sexual activity with person with mental disability
376F.
—(1)  Any person (A) shall be guilty of an offence if —
(a)
A intentionally touches another person (B) who has a mental disability;
(b)
the touching is sexual and B consents to the touching;
(c)
A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and
(d)
A knows or could reasonably be expected to know that B has a mental disability.
[51/2007]
(2)  Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
(3)  If the touching involved —
(a)
penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or
(b)
penetration of the mouth with the penis,
a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
(4)  No person shall be guilty of an offence under this section for any act with that person’s spouse.
[51/2007]
(5)  For the purposes of this section —
“mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching;
“touching” includes touching —
(a)
with any part of the body;
(b)
with anything else; or
(c)
through anything,
and includes penetration.
[51/2007]
[clause 2(6)]
Incest
376G.
—(1)  Any man of or above the age of 16 years (A) who —
(a)
sexually penetrates the vagina or anus of a woman (B) with a part of A’s body (other than A’s penis) or anything else; or
(b)
penetrates the vagina, anus or mouth of a woman (B) with his penis,
with or without B’s consent where B is to A’s knowledge A’s grand-daughter, daughter, sister, half-sister, mother or grandmother (whether such relationship is or is not traced through lawful wedlock), shall be guilty of an offence.
[51/2007]
(2)  Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1)(a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence.
[51/2007]
(3)  Subject to subsection (4), a man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years.
[51/2007]
(4)  If a man commits an offence under subsection (1) against a woman under 14 years of age, he shall be punished with imprisonment for a term which may extend to 14 years.
[51/2007]
(5)  A woman who is guilty of an offence under subsection (2) shall be punished with imprisonment for a term which may extend to 5 years.
[51/2007]
[UK SOA 2003, s. 64; SPC 1985 Ed., ss. 376A, 376B, 376C (repealed)]
Sexual penetration of a corpse
377.
—(1)  Any man who penetrates, with his penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence.
[51/2007]
(2)  A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
(3)  Any person (A) who causes any man (B) to penetrate with B’s penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence if B did not consent to the penetration.
[51/2007]
(4)  A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
[UK SOA 2003, s. 70]
Outrages on decency
377A.  Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.
Sexual penetration with living animal
377B.
—(1)  Any person (A) who —
(a)
penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or
(b)
causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal,
shall be guilty of an offence.
[51/2007]
(2)  A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[51/2007]
(3)  Any person (A) who —
(a)
causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or
(b)
causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal,
shall be guilty of an offence if B did not consent to the penetration.
[51/2007]
(4)  A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
[51/2007]
[UK SOA 2003, s. 69]
Interpretation of sections 375 to 377B (sexual offences)
377C.  In sections 375 to 377B —
(a)
penetration is a continuing act from entry to withdrawal;
(b)
references to a part of the body include references to a part which is surgically constructed (in particular, through a sex reassignment procedure);
(c)
for the purposes of identifying the sex of a person —
(i)
the sex of a person as stated in that person’s identity card issued under the National Registration Act (Cap. 201) at the time the sexual activity took place shall be prima facie evidence of the sex of that person; and
(ii)
a person who has undergone a sex reassignment procedure shall be identified as being of the sex to which that person has been reassigned;
(d)
penetration, touching or other activity is “sexual” if —
(i)
because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or
(ii)
because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual;
(e)
“vagina” includes vulva.
[51/2007]
[UK SOA 2003, ss. 78, 79; WC 1997 Ed., s. 12(3)]
Mistake as to age
377D.
—(1)  Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A(2), 376B or 376C.
[51/2007]
(2)  In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —
(a)
the age of 16 years, shall be a valid defence to a charge of an offence under section 376A(2); or
(b)
the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C.
[51/2007]
(3)  For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140(1)(i) of the Women’s Charter (Cap. 353).
[51/2007]
[WC 1997 Ed., s. 140(4) and (5)]
Chapter XVII
OFFENCES AGAINST PROPERTY
Theft
Theft
378.  Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2.—A moving, effected by the same act which effects the severance, may be a theft.
Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving, or by separating it from any other thing, as well as by actually moving it.
Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which in consequence of the motion so caused is moved by that animal.
Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Illustration
(a)
A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree, in order to such taking, he has committed theft.
(b)
A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A.
(c)
[Deleted by Act 51 of 2007]
(d)
A, being Z’s servant and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate without Z’s consent. A has committed theft.
(e)
Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not, therefore, be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.
(f)
A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.
(g)
A finds a ring lying on the high road, not in the possession of any person. A by taking it commits no theft, though he may commit criminal misappropriation of property.
(h)
A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
(i)
A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.
(j)
If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly.
(k)
Again, if A having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property, inasmuch as he takes it dishonestly.
(l)
A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.
(m)
A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book, without Z’s express consent, for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.
(n)
A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z, her husband. Here, it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.
(o)
A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.
(p)
A in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.
[51/2007]
[Indian PC 1860, s. 378]
Punishment for theft
379.  Whoever commits theft shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Indian PC 1860, s. 379]
Punishment for theft of a motor vehicle
379A.
—(1)  Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[23/84; 51/2007]
(2)  A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise, be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act (Cap. 276).
[51/2007]
(3)  In this section —
“component part”, in relation to a motor vehicle, means any component part attached to the motor vehicle, and includes any tyre, accessory or equipment attached to the motor vehicle;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and includes a trailer drawn by a motor vehicle.
[51/2007]
Theft in dwelling-house, etc.
380.  Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or for the custody of property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 380]
Theft by clerk or servant of property in possession of master
381.  Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 381]
Theft after preparation made for causing death or hurt in order to commit theft
382.  Whoever commits theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit such theft, or in order to effect his escape after committing such theft, or in order to retain property taken by such theft, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 3 strokes.
[62/73]
Illustration
(a)
A commits theft of property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.
(b)
A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.
[Indian PC 1860, s. 382]
Extortion
Extortion
383.  Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
[51/2007]
Illustration
(a)
A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b)
A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain moneys to A. Z signs and delivers the note. A has committed extortion.
(c)
A, an enforcement officer, sees Z committing an offence, and threatens to report the offence unless Z gives him money. Z fears that the report may result in his being prosecuted for the offence and delivers money to A. A has committed extortion.
(d)
A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.
[51/2007]
[Indian PC 1860, s. 383]
Punishment for extortion
384.  Whoever commits extortion shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.
[23/84]
[Indian PC 1860, s. 384]
Putting person in fear of harm in order to commit extortion
385.  Whoever, in order to commit extortion, puts or attempts to put any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and with caning.
[51/2007]
Extortion by putting a person in fear of death or grievous hurt
386.  Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.
[23/84]
[Indian PC 1860, s. 386]
Putting person in fear of death or of grievous hurt in order to commit extortion
387.  Whoever, in order to commit extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning.
[23/84]
[Indian PC 1860, s. 387]
Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.
388.  Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[51/2007]
[Indian PC 1860, s. 388]
Putting person in fear of accusation of offence, in order to commit extortion
389.  Whoever, in order to commit extortion, puts or attempts to put any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
[51/2007]
[Indian PC 1860, s. 389]
Robbery and gang-robbery
Robbery
390.
—(1)  In all robbery there is either theft or extortion.
When theft is robbery
(2)  Theft is “robbery” if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint.
When extortion is robbery
(3)  Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation—. The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustration
(a)
A holds Z down, and dishonestly takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b)
A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence surrenders his purse. Here A has extorted the purse from Z, by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c)
A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child, Z being present. A has therefore committed robbery on Z.
(d)
A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us $1,000.” This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
[Indian PC 1860, s. 390]
Gang-robbery
391.  When 5 or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to 5 or more, every person so committing, attempting, or aiding, is said to commit “gang-robbery”.
[Indian PC 1860, s. 391]
Punishment for robbery
392.  Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes; and if the robbery is committed after 7 p.m. and before 7 a.m. the offender shall be punished with imprisonment for a term of not less than 3 years and not more than 14 years and shall also be punished with caning with not less than 12 strokes.
[23/84]
[Indian PC 1860, s. 392]
Attempt to commit robbery
393.  Whoever attempts to commit robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 393]
Voluntarily causing hurt in committing robbery
394.  If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person, jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 394]
Punishment for gang-robbery
395.  Whoever commits gang-robbery shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 395]
Gang-robbery with murder
396.  If any one of 5 or more persons who are conjointly committing gang-robbery, commits murder in so committing gang-robbery, every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 396]
Robbery when armed or with attempt to cause death or grievous hurt
397.  If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code.
[62/73; 23/84; 51/2007]
[Indian PC 1860, s. 397]
Making preparation to commit gang-robbery
*399.  Whoever makes any preparation for committing gang- robbery, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes.
[62/73; 23/84]
[Indian PC 1860, s. 399]
*  There is no section 398.
Punishment for belonging to gang-robbers
400.  Whoever shall belong to a gang of persons associated for the purpose of habitually committing gang-robbery, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 6 strokes.
[62/73]
[Indian PC 1860, s. 400]
Punishment for belonging to wandering gang of thieves
401.  Whoever shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being gang-robbers, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes.
[62/73]
[Indian PC 1860, s. 401]
Assembling for purpose of committing gang-robbery
402.  Whoever shall be one of 5 or more persons assembled for the purpose of committing gang-robbery, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes.
[62/73]
[Indian PC 1860, s. 402]
Criminal misappropriation of property
Dishonest misappropriation of property
403.  Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Illustration
(a)
A takes property belonging to Z out of Z’s possession in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
(b)
A, being on friendly terms with Z, goes into Z’s house in Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
(c)
A and B being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.
Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section.
Illustration
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.
Explanation 2.—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner, and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means, or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found.
Illustration
(a)
A finds a dollar on the high road, not knowing to whom the dollar belongs. A picks up the dollar. Here A has not committed the offence defined in this section.
(b)
A finds a letter on the high road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.
(c)
A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
(d)
A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.
(e)
A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.
(f)
A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.
[Indian PC 1860, s. 403]
Dishonest misappropriation of property possessed by a deceased person at the time of his death
404.  Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to 7 years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
[Indian PC 1860, s. 404]
Criminal breach of trust
Criminal breach of trust
405.  Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person to do so, commits “criminal breach of trust”.
Illustration
(a)
A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.
(b)
A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed breach of trust.
(c)
A, residing in Singapore, is agent for Z, residing in Penang. There is an express or implied contract between A and Z that all sums remitted by Z to A shall be invested by A according to Z’s direction. Z remits $5,000 to A, with directions to A to invest the same in Government securities. A dishonestly disobeys the direction, and employs the money in his own business. A has committed criminal breach of trust.
(d)
But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank X, disobeys Z’s directions, and buys shares in the Bank X for Z, instead of buying Government securities, here, though Z should suffer loss and should be entitled to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e)
A, a collector of Government money, or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f)
A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
[51/2007]
[Indian PC 1860, s. 405]
Punishment of criminal breach of trust
406.  Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 406]
Criminal breach of trust by carrier, etc.
407.  Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, 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. 407]
Criminal breach of trust by clerk or servant
408.  Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, 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. 408]
Criminal breach of trust by public servant, or by banker, merchant, or agent
409.  Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant, or in the way of his business as a banker, a merchant, a factor, a broker, an attorney or an agent, commits criminal breach of trust in respect of that property, 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.
[51/2007]
[Indian PC 1860, s. 409]
Receiving stolen property
Stolen property
410.
—(1)  Property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated, or in respect of which criminal breach of trust or cheating has been committed, is designated as “stolen property”, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Singapore. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
(2)  The expression “stolen property” includes any property into or for which stolen property has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise.
[Indian PC 1860, s. 410]
Dishonestly receiving stolen property
411.
—(1)  Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the property to be stolen property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
(2)  If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —
(a)
shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and
(b)
may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act (Cap. 276).
[51/2007]
[Indian PC 1860, s. 411]
Dishonestly receiving property stolen in the commission of a gang- robbery
412.  Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of gang-robbery, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to gang-robbers, property which he knows or has reason to believe to have been stolen, 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. 412]
Habitually dealing in stolen property
413.  Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 413]
Assisting in concealment or disposal of stolen property
414.
—(1)  Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
(2)  If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —
(a)
shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and
(b)
may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act (Cap. 276).
[51/2007]
[Indian PC 1860, s. 414]
Cheating
Cheating
415.  Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.
[51/2007]
Explanation 1.—A dishonest concealment of facts is a deception within the meaning of this section.
Explanation 2.—Mere breach of contract is not of itself proof of an original fraudulent intent.
Explanation 3.—Whoever makes a representation through any agent is to be treated as having made the representation himself.
[51/2007]
Illustration
(a)
A, by falsely pretending to be in the Government service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b)
A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c)
A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.
(d)
A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e)
A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f)
A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
(g)
A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of pepper which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the pepper, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h)
A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i)
A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
(j)
A, playing with false dice, or marked cards, wins money from B. A cheats.
[Indian PC 1860, s. 415]
Cheating by personation
416.  A person is said to “cheat by personation”, if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.
Explanation—The offence is committed whether the individual personated is a real or an imaginary person.
Illustration
(a)
A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b)
A cheats by pretending to be B, a person who is deceased. A cheats by personation.
[Indian PC 1860, s. 416]
Punishment for cheating
417.  Whoever cheats 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. 417]
Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect
418.  Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest, in the transaction to which the cheating relates, he was bound either by law or by a legal contract to protect 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. 418]
Punishment for cheating by personation
419.  Whoever cheats by personation 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. 419]
Cheating and dishonestly inducing a delivery of property
420.  Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, 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. 420]
Fraudulent deeds and dispositions of property
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
421.  Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other 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. 421]
Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors
422.  Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other 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. 422]
Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration
423.  Whoever dishonestly or fraudulently signs, executes, or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, 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. 423]
Dishonest or fraudulent removal or concealment of property or release of claim
424.  Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, 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. 424]
Mischief
Mischief
425.  Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustration
(a)
A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z. A has committed mischief.
(b)
[Deleted by Act 51 of 2007]
(c)
A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
(d)
A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
(e)
A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.
(f)
A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief.
(g)
A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h)
[Deleted by Act 51 of 2007 wef 28/01/2008]
[51/2007]
[Indian PC 1860, s. 425]
Punishment for committing mischief
426.  Whoever commits mischief 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. 426]
Committing mischief and thereby causing loss or damage to the amount of $500
427.  Whoever commits mischief and thereby causes loss or damage to the amount of $500 or upwards, 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. 427]
Mischief by killing or maiming any animal
428.  Whoever commits mischief by killing, poisoning, maiming or rendering useless, any animal 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. 428]
Mischief by killing or maiming cattle, etc., or any animal of the value of $25
429.  [Repealed by Act 51 of 2007]
Mischief by injury to works of irrigation or by wrongfully diverting water
430.  Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural or industrial purposes, or for food or drink for human beings or for animals which are property, or for cleanliness, 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. 430]
Mischief affecting railway engine, train, etc.
430A.  Whoever commits mischief by doing any act with intent or with the knowledge that such act is likely to obstruct, upset, overthrow, injure or destroy any railway engine, train, tender, carriage or truck, shall be punished with imprisonment for life or imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Mischief by injury to public road, bridge or river
431.  Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any public road, bridge, navigable river, or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[Indian PC 1860, s. 431]
Mischief by injury to telegraph cable, wire, etc.
431A.  Whoever commits mischief by cutting or injuring any electric telegraph cable, wire, line, post, instrument or apparatus for signalling, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
Explanation—. The injuring here must be of such a nature as to prevent the use of the electric telegraph cable, wire or line, for telegraphing, otherwise the offence will be punishable under section 426.
Mischief by causing inundation or obstruction to public drainage, attended with damage
432.  Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[Indian PC 1860, s. 432]
Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark
433.  Whoever commits mischief by destroying or moving any lighthouse or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such lighthouse, sea-mark, buoy, or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[Indian PC 1860, s. 433]
Mischief by destroying or moving, etc., a landmark fixed by public authority
434.  Whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 434]
Mischief by fire or explosive substance with intent to cause damage
435.  Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property, 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. 435]
Mischief by fire or explosive substance with intent to destroy a house, etc.
436.  Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place for worship, or for the administration of justice, or for the transaction of public affairs, or for education, or art, or for public use or ornament, or as a human dwelling, or as a place for the custody of property, 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. 436]
Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden
437.  Whoever commits mischief to any decked vessel or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe that vessel, 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. 437]
Punishment for the mischief described in section 437 when committed by fire or any explosive substance
438.  Whoever commits or attempts to commit by fire or any explosive substance, such mischief as is described in section 437, 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. 438]
Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
439.  Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 439]
Mischief committed after preparation made for causing death or hurt
440.  Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[Indian PC 1860, s. 440]
Criminal trespass
Criminal trespass
441.  Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
[Indian PC 1860, s. 441]
House-trespass
442.  Whoever commits criminal trespass by entering into, or remaining in, any building, tent or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit “house-trespass”.
Explanation—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.
[Indian PC 1860, s. 442]
Lurking house-trespass
443.  Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.
[Indian PC 1860, s. 443]
Lurking house-trespass by night
444.  Whoever commits lurking house-trespass after 7 p.m. and before 7 a.m., is said to commit “lurking house-trespass by night”.
[Indian PC 1860, s. 444]
House-breaking
445.  A person is said to commit “house-breaking”, who commits house-trespass if he effects his entrance into the house or any part of it in any of the 6 ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such 6 ways:
(a)
if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass;
(b)
if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building;
(c)
if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass, by any means by which that passage was not intended by the occupier of the house to be opened;
(d)
if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass;
(e)
if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;
(f)
if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation—Any outhouse or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.
Illustration
(a)
A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.
(b)
A commits house-trespass by creeping into a ship at a porthole between decks, although found open. This is house-breaking.
(c)
A commits house-trespass by entering Z’s house through a window, although found open. This is house-breaking.
(d)
A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking.
(e)
A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.
(f)
A finds the key of Z’s house-door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.
(g)
Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
(h)
Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
[Indian PC 1860, s. 445]
House-breaking by night
446.  Whoever commits house-breaking after 7 p.m. and before 7 a.m., is said to commit “house-breaking by night”.
[Indian PC 1860, s. 446]
Punishment for criminal trespass
447.  Whoever commits criminal trespass shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both.
[51/2007]
[Indian PC 1860, s. 447]
Punishment for house-trespass
448.  Whoever commits house-trespass shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both.
[51/2007]
[Indian PC 1860, s. 448]
House-trespass in order to commit an offence punishable with death
449.  Whoever commits house-trespass in order to commit any offence punishable with death, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 449]
House-trespass in order to commit an offence punishable with imprisonment for life
450.  Whoever commits house-trespass in order to commit any offence punishable with imprisonment for life, shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.
[Indian PC 1860, s. 450]
House-trespass in order to commit an offence punishable with imprisonment
451.  Whoever commits house-trespass in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to 7 years.
[Indian PC 1860, s. 451]
House-trespass after preparation made for causing hurt, etc.
452.  Whoever commits house-trespass, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[Indian PC 1860, s. 452]
Punishment for lurking house-trespass or house-breaking
453.  Whoever commits lurking house-trespass or house-breaking, 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. 453]
Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment
454.  Whoever commits lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offence intended to be committed is theft, shall be punished with imprisonment for a term which may extend to 10 years.
[23/84; 51/2007]
[Indian PC 1860, s. 454]
Lurking house-trespass or house-breaking after preparation made for causing hurt, etc.
455.  Whoever commits lurking house-trespass or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.
[23/84]
[Indian PC 1860, s. 455]
Punishment for lurking house-trespass by night or house-breaking by night
456.  Whoever commits lurking house-trespass by night or house- breaking by night, 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. 456]
Lurking house-trespass by night or house-breaking by night in order to commit an offence punishable with imprisonment
457.  Whoever commits lurking house-trespass by night or house- breaking by night, in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment shall be not less than 2 years and not more than 14 years.
[23/84]
[Indian PC 1860, s. 457]
Lurking house-trespass by night or house-breaking by night after preparation made for causing hurt, etc.
458.  Whoever commits lurking house-trespass by night or house- breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 14 years and with caning.
[23/84]
[Indian PC 1860, s. 458]
Punishment for subsequent offence under section 454 or 457
458A.  Whoever, having been convicted of an offence under section 454, 455, 457 or 458, commits an offence under section 454 or 457 shall be punished with caning in addition to the punishment prescribed for that offence.
[23/84]
Grievous hurt caused while committing lurking house-trespass or house-breaking
459.  Whoever, while committing lurking house-trespass or house- breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years and with caning.
[23/84]
[Indian PC 1860, s. 459]
Lurking house-trespass by night or house-breaking by night when death or grievous hurt is caused
460.  If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years.
[23/84]
[Indian PC 1860, s. 460]
Dishonestly breaking open any closed receptacle containing or supposed to contain property
461.  Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 461]
Punishment for same offence when committed by person entrusted with custody
462.  Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[Indian PC 1860, s. 462]
Chapter XVIII
OFFENCES RELATING TO
DOCUMENTS OR ELECTRONIC RECORDS,
FALSE INSTRUMENTS, AND
TO CURRENCY NOTES
AND BANK NOTES
Forgery
463.  Whoever makes any false document or electronic record or part of a document or an electronic record with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
[51/2007]
[Indian PC 1860, s. 463]
Making a false document or false electronic record
464.
—(1)  A person is said to make a false document or false electronic record —
(a)
who dishonestly or fraudulently —
(i)
makes, signs, seals or executes a document or part of a document;
(ii)
makes any electronic record or part of any electronic record;
(iii)
affixes any electronic signature on any electronic record; or
(iv)
makes any mark denoting the execution of a document or the authenticity of the electronic signature,
with the intention of causing it to be believed that such document or electronic record or part of a document or electronic record or electronic signature was made, signed, sealed, executed or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed, or at a time at which he knows that it was not made, signed, sealed, executed or affixed;
(b)
who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with an electronic signature, either by himself or by any other person, whether that person is living or dead at the time of the alteration; or
(c)
who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on an electronic record, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not, know the contents of the document or electronic record or the nature of the alteration.
[51/2007]
(2)  In this section, “electronic signature” has the same meaning as in the Electronic Transactions Act (Cap. 88).
[51/2007]
Illustration
(a)
A has a letter of credit upon B for $1,000 written by Z. A, in order to defraud B, adds a cypher to the 1,000, and makes the sum $10,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
(b)
A, without Z’s authority, affixes Z’s seal to a document, purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby of obtaining from B the purchase money. A has committed forgery.
(c)
A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of $1,000. A commits forgery.
(d)
A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable, and authorises B to fill up the cheque by inserting a sum not exceeding $1,000 for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of $10,000. B commits forgery.
(e)
A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker, and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.
(f)
Z’s will contains these words: “I direct that all my remaining property be equally divided between A, B and C”. A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.
(g)
A endorses a promissory note and makes it payable to Z, or his order, by writing on the bill the words “Pay to Z or his order”, and signing the endorsement. B dishonestly erases the words “Pay to Z, or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery.
(h)
A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated 6 months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.
(i)
Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.
(j)
A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.
(k)
A without B’s authority writes a letter and signs it in B’s name, certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery, inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustration
(a)
A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.
(b)
A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B knowing the fact draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.
(c)
A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable: here A has committed forgery.
(d)
A purchases an estate sold under execution of a decree against B. B after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period, and dates the lease 6 months prior to the seizure with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.
(e)
A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.
Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.
[Indian PC 1860, s. 464]
Punishment for forgery
465.  Whoever commits forgery shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 465]
Forgery of a record of a court of justice, or a public register of births, etc.
466.  Whoever forges a document or an electronic record, purporting to be a record or proceeding of or before a court of justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document or an electronic record, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 466]
Forgery of a valuable security or will
467.  Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a child, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest, or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or a receipt, acknowledging the payment of money, or an acquittance or a receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 467]
Forgery for the purpose of cheating
468.  Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 468]
Forgery for the purpose of harming the reputation of any person
469.  Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any person, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 469]
“A forged document” or “a forged electronic record”
470.  A false document or false electronic record, made wholly or in part by forgery, is designated “a forged document” or “a forged electronic record”, respectively.
[51/2007]
[Indian PC 1860, s. 470]
Using as genuine a forged document or forged electronic record
471.  Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or forged electronic record, shall be punished in the same manner as if he had forged such document or electronic record.
[51/2007]
[Indian PC 1860, s. 471]
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467
472.  Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 472]
Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise
473.  Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or with such intent has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 473]
Making or possessing equipment for making a false instrument
473A.  Whoever makes or has in his custody or under his control a machine or implement, or paper or other material, which to his knowledge is or has been specifically designed or adapted for the making of any false instrument shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
[HK Crimes Ordinance 1971, s. 76(2)]
Making or possessing equipment for making a false instrument with intent to induce prejudice
473B.  Any person (A) who —
(a)
makes or has in his custody or under his control a machine or implement, or paper or other material, which is or has been specifically designed or adapted for the making of any instrument; and
(b)
intends that —
(i)
he or another person makes a false instrument using the machine or implement, or paper or other material in order to induce another person (B) to accept it as genuine; and
(ii)
by reason of so accepting it, B does or does not do some act to B’s or any other person’s prejudice,
shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
[HK Crimes Ordinance 1971, s. 76(1)]
Meaning of “prejudice” and “induce”
473C.
—(1)  For the purposes of section 473B and subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will —
(a)
result in his permanent or temporary loss of property;
(b)
result in his being deprived of an opportunity to earn remuneration or greater remuneration;
(c)
result in his being deprived of an opportunity to gain a financial advantage otherwise than by way of remuneration;
(d)
result in somebody being given an opportunity to earn remuneration or greater remuneration from him;
(e)
result in somebody being given an opportunity to gain a financial advantage from him otherwise than by way of remuneration; or
(f)
be the result of his having accepted a false instrument as genuine in connection with his performance of any duty.
[51/2007]
(2)  For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded.
[51/2007]
(3)  The reference in section 473B to inducing a person (B) to accept a false instrument as genuine includes a reference to inducing a machine to respond to an instrument as if it were a genuine instrument.
[51/2007]
(4)  Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument shall be treated as an act or omission to a person’s prejudice.
[51/2007]
(5)  In subsection (1)(a), “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.
[51/2007]
[HK Crimes Ordinance 1971, s. 70]
Having possession of certain document or electronic record known to be forged, with intent to use it as genuine
474.  Whoever has in his possession any document or electronic record, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the descriptions mentioned in section 466, be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the document is one of the descriptions mentioned in section 467, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 474]
Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
475.  Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 475]
Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section 467, or possessing counterfeit marked material
476.  Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 467, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document or electronic record then forged or thereafter to be forged on such material, or who with such intent has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 476]
Fraudulent cancellation, destruction, etc., of a will
477.  Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys, or defaces, or attempts to cancel, destroy, or deface, or secretes, or attempts to secrete any document which is or purports to be a will, or an authority to adopt a child, or any valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 477]
Falsification of accounts
477A.  Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully and with intent to defraud destroys, alters, conceals, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully and with intent to defraud makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
Explanation—. —It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded, or specifying any particular sum of money intended to be the subject of the fraud or any particular day on which the offence was committed.
[Indian PC 1860, s. 477A]
Currency notes and bank notes
Forging or counterfeiting currency notes or bank notes
*489A.
—(1)  Whoever forges or counterfeits, or knowingly performs any part of the process of forging or counterfeiting, any currency note or bank note shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
Explanation—For the purposes of this section and of sections 489B, 489C and 489D, “bank note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power and intended to be used as equivalent to, or as a substitute for, money.
(2)  For the purposes of this section and of sections 489B, 489C and 489D, “currency note” includes any note (by whatever name called) which is legal tender in the country in which it is issued.
[51/2007]
[Indian PC 1860, s. 489A]
*  There are no sections 478 to 489.
Using as genuine forged or counterfeit currency notes or bank notes
489B.  Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 489B]
Possession of forged or counterfeit currency notes or bank notes
489C.  Whoever has in his possession any forged or counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment for a term which may extend to 15 years.
[51/2007]
[Indian PC 1860, s. 489C]
Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes
489D.  Whoever makes or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency note or bank note, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 489D]
Forfeiture of counterfeit currency
489E.  [Repealed by Act 51 of 2007]
Chapter* XX
*  There is no Chapter XIX.
*
OFFENCES RELATING TO MARRIAGE
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
493.  Every man, who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, 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. 493]
Marrying again during the lifetime of husband or wife
494.  Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage, with such husband or wife, has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, has been continually absent from such person for the space of 7 years, and has not been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage, before the marriage takes place, informs the person with whom the marriage is contracted, of the real state of facts so far as the same are within his or her knowledge.
[Indian PC 1860, s. 494]
Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted
495.  Whoever commits the offence defined in section 494, having concealed from the person with whom the subsequent marriage is contracted the fact of the former marriage, 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. 495]
Marriage ceremony gone through with fraudulent intent without lawful marriage
496.  Whoever dishonestly or with a fraudulent intention goes through the ceremony of being married, knowing that he is not thereby lawfully married, 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. 496]
Enticing or taking away or detaining with a criminal intent a married woman
*498.  [Repealed by Act 51 of 2007]
*   There is no section 497.
Chapter XXI
DEFAMATION
Defamation
499.  Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a company, or an association or a collection of persons as such.
Explanation 3.—An imputation in the form of an alternative, or expressed ironically, may amount to defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
[51/2007]
Explanation 5.—An imputation may be made or published in written, electronic or other media.
[51/2007]
Illustration
(a)
A says, “Z is an honest man; he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.
(b)
A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
(c)
A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
Imputation of any truth which the public good requires to be made or published
Exception 1.—It is not defamation to impute anything which is true concerning any person, if it is for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Public conduct of public servants
Exception 2.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
Conduct of any person touching any public question
Exception 3.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such a meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties in which the public is interested.
Publication of reports of proceedings of courts of justice, etc.
Exception 4.—It is not defamation to publish a substantially true report of the proceedings of a court of justice, or of Parliament, or of the result of any such proceedings.
Explanation—A Magistrate or other officer holding an inquiry in open court preliminary to a trial in a court of justice, is a court within the meaning of the above section.
Merits of case decided in a court of justice; or conduct of witnesses and others concerned therein
Exception 5.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a court of justice, or respecting the conduct of any person as a party, a witness or an agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Illustration
(a)
A says, “I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b)
But if A says, “I do not believe what Z asserted at that trial, because I know him to be a man without veracity”, A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s conduct as a witness.
Merits of a public performance
Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.
Explanation—A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.
Illustration
(a)
A person who publishes a book, submits that book to the judgment of the public.
(b)
A person who makes a speech in public, submits that speech to the judgment of the public.
(c)
An actor or a singer who appears on a public stage, submits his acting or singing to the judgment of the public.
(d)
A says of a book published by Z, “Z’s book is foolish, Z must be a weak man. Z’s book is indecent, Z must be a man of impure mind”. A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further.
(e)
But if A says, “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”, A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.
Censure passed in good faith by a person having lawful authority over another
Exception 7.—It is not defamation in a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Illustration
A judge censuring in good faith the conduct of a witness or of an officer of the court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for his conduct as such cashier — are within this exception.
Accusation preferred in good faith to a duly authorised person
Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of the accusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father — A is within this exception.
Imputation made in good faith by a person for the protection of his interests
Exception 9.—It is not defamation to make an imputation on the character of another, provided that the imputation is made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Illustration
(a)
A, a shopkeeper, says to B, who manages his business, “Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b)
A, a Magistrate, in making a report to his superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith and for the public good, A is within the exception.
Caution intended for the good of the person to whom it is conveyed or for the public good
Exception 10.—It is not defamation to convey a caution, in good faith, to one person against another, provided that the caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
Explanation to Exceptions
Explanation—In proving the existence of circumstances as a defence under the Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth or Tenth exception, good faith shall be presumed unless the contrary appears.
[Indian PC 1860, s. 499]
Punishment for defamation
500.  Whoever defames another shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 500]
Printing or engraving matter known to be defamatory
501.  Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 501]
Sale of printed or engraved substance containing defamatory matter
502.  Whoever sells or offers for sale any printed or engraved substance, containing defamatory matter, knowing that it contains such matter, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 502]
Chapter XXII
CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
Criminal intimidation
503.  Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Explanation—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.
Illustration
A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.
[Indian PC 1860, s. 503]
Intentional insult with intent to provoke a breach of the peace
504.  Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
[Indian PC 1860, s. 504]
Statements conducing to public mischief
505.  Whoever makes, publishes or circulates any statement, rumour or report in written, electronic or other media —
(a)
with intent to cause, or which is likely to cause any officer or serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, or any person to whom section 140B refers, to mutiny or otherwise disregard or fail in his duty as such;
(b)
with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquillity; or
(c)
with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community of persons,
shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
[51/2007]
Exception.—It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report in written, electronic or other media has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.
[51/2007]
[Indian PC 1860, s. 505]
Punishment for criminal intimidation
506.  Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more, or impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
[Indian PC 1860, s. 506]
Criminal intimidation by an anonymous communication
507.  Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to 2 years, in addition to the punishment provided for the offence by section 506.
[Indian PC 1860, s. 507]
Act caused by inducing a person to believe that he will be rendered an object of divine displeasure
508.  Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he, or any person in whom he is interested, will become or will be rendered by some act of the offender an object of divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Illustration
(a)
A performs a ceremony at Z’s door with the intention of causing it to be believed that by so doing he renders Z an object of divine displeasure, unless Z does something he is not legally bound to do. A has committed the offence defined in this section.
(b)
A threatens Z that unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of divine displeasure. A has committed the offence defined in this section.
[Indian PC 1860, s. 508]
Word or gesture intended to insult the modesty of a woman
509.  Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
[Indian PC 1860, s. 509]
Misconduct in public by a drunken person
510.  Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, 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. 510]
Chapter XXIII
ATTEMPTS TO COMMIT OFFENCES
Punishment for attempting to commit offences
511.
—(1)  Subject to subsection (2), whoever attempts to commit an offence punishable by this Code or by any other written law with imprisonment or fine or with a combination of such punishments, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code or by such other written law, as the case may be, for the punishment of such attempt, be punished with such punishment as is provided for the offence.
[51/2007]
(2)  The longest term of imprisonment that may be imposed under subsection (1) shall not exceed —
(a)
15 years where such attempt is in relation to an offence punishable with imprisonment for life; or
(b)
one-half of the longest term provided for the offence in any other case.
[51/2007]
Illustration
(a)
A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.
(b)
A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.
[IndianPC 1860, s. 511]

LEGISLATIVE SOURCE KEY

Penal Code
(CHAPTER 224)
Unless otherwise stated, the abbreviations used in the references to other Acts and statutory provisions are references to the following Acts and statutory provisions. The references are provided for convenience and are not part of the Act:
Canada CC R.S. 1985
:
Canada Criminal Code (R.S., 1985, c. C-46)
HK Crimes Ordinance 1971
:
Hong Kong Crimes Ordinance (Chapter 200)
Indian PC 1860
:
Indian Penal Code, 1860 (Act No. XLV of 1860)
Malaysia PC 2006 Ed.
:
Malaysia, Penal Code (Act 574, 2006 Ed.)
NZ CA 1961
:
New Zealand, Crimes Act 1961 No. 43
UK CDA 1998
:
United Kingdom, Crime and Disorder Act 1998 (Chapter 37)
UK MH Bill 2004
:
United Kingdom, Mental Health Bill (Cm 5538-I, published on   1)
UK SOA 2003
:
United Kingdom, Sexual Offences Act 2003 (Chapter 42)
CPC 1985 Ed.
:
Singapore, Criminal Procedure Code (Chapter 68, 1985 Ed.)
UPA 1998 Ed.
:
Singapore, Undesirable Publications Act (Chater 338, 1998 Ed.)
WC 1997 Ed.
:
Singapore, Women’s Charter (Chapter 353, 1997 Ed.)
SPC 1985 Ed.
:
Singapore, Penal Code (Chapter 224, 1985 Ed.)

LEGISLATIVE HISTORY

Penal Code
(CHAPTER 224)
This Legislative History is provided for the convenience of users of the Penal Code. It is not part of this Code.
1.  
Date of Publication
:
1871
Date of commencement
:
16 September 1872
Note:
The Penal Code was enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof. The Penal Code was amended by the Penal Code Amendment Ordinance 1872 which came into operation at the same time as the Penal Code.
2.  
Ordinance 6 of 1920—Criminal Law (Amendment) Ordinance 1920
(Consequential amendments made to Act by)
Date of First, Second and Third Readings
:
Dates Not Available
Date of commencement
:
26 March 1920
3.  
Ordinance 26 of 1921—Statute Laws (Revised Edition) Operation Ordinance 1921
(Consequential amendments made to Act by)
Date of First Reading
:
22 November 1921
(Bill published on 19 November 1921. No Bill number given)
Date of Second and Third Readings
:
22 November 1921
Date of commencement
:
28 November 1921
4.  
Ordinance 32 of 1922—Statute Laws (Revised Edition) Amendment Ordinance 1922
(Consequential amendments made to Act by)
Date of First Reading
:
14 August 1922
(Bill published on 18 August 1922. No Bill number given)
Date of Second Reading
:
11 September 1922
Date of Third Reading
:
23 October 1922
Date of commencement
:
28 November 1921
Note:
This Ordinance was deemed to have come into operation on the same date as the Statute Laws (Revised Edition) Operation Ordinance 1921
5.  
Ordinance 25 of 1923—Criminal Law Amendment Ordinance 1923
(Consequential amendments made to Act by)
Date of First Reading
:
30 October 1923
(Bill not published)
Date of Second and Third Readings
:
30 October 1923
Date of commencement
:
31 December 1923
6.  
Ordinance 32 of 1926—Penal Code (Amendment) Ordinance 1926
Date of First Reading
:
12 July 1926
(Bill published on 16 July 1926. No Bill number given)
Date of Second Reading
:
6 September 1926
Date of Third Reading
:
13 December 1926
Date of commencement
:
17 December 1926
7.  
Ordinance 35 of 1933—Penal Code (Amendment) Ordinance 1933
Date of First Reading
:
2 October 1933
(Bill published on 6 October 1933. No Bill number given)
Date of Second Reading
:
25 October 1933
Date of Third Reading
:
4 December 1933
Date of commencement
:
22 January 1934
8.  
Ordinance 4 of 1934—Penal Code (Amendment) Ordinance 1934
Date of First Reading
:
12 February 1934
(Bill not published)
Date of Second and Third Readings
:
12 February 1934
Date of commencement
:
23 February 1934
9.  
Ordinance 36 of 1934—Penal Code (Amendment No. 2) Ordinance 1934
Date of First Reading
:
24 September 1934
(Bill published on 28 September 1934. No Bill number given)
Date of Second and Third Readings
:
17 October 1934
Date of commencement
:
9 November 1934
10.  
Ordinance 2 of 1935—Penal Code (Amendment) Ordinance 1935
Date of First Reading
:
3 December 1934
(Bill published on 7 December 1934. No Bill number given)
Date of Second and Third Readings
:
18 February 1935
Date of commencement
:
8 March 1935
11.  
Ordinance 16 of 1935—Penal Code (Amendment No. 2) Ordinance 1935
Date of First Reading
:
18 February 1935
(Bill published on 22 February 1935. No Bill number given)
Date of Second and Third Readings
:
15 April 1935
Date of commencement
:
17 May 1935
12.  
Ordinance 63 of 1935—Statute Law Revision Ordinance 1935
(Consequential amendments made to Act by)
Date of First Reading
:
20 November 1935
(Bill published on 22 November 1935. No Bill number given)
Date of Second and Third Readings
:
9 December 1935
Date of commencement
:
24 December 1935
13.  
1936 Revised Edition (Cap. 20)—Penal Code
Date of operation
:
Date Not Available
14.  
Ordinance 13 of 1936—Penal Code (Amendment) Ordinance 1936
Date of First Reading
:
24 August 1936
(Bill published on 28 August 1936. No Bill number given)
Date of Second and Third Readings
:
26 October 1936
Date of commencement
:
20 November 1936
15.  
Ordinance 8 of 1937—Penal Code (Amendment) Ordinance 1937
Date of First Reading
:
26 April 1937
(Bill published on 30 April 1937. No Bill number given)
Date of Second and Third Readings
:
14 June 1937
Date of commencement
:
2 July 1937
16.  
Ordinance 12 of 1938—Penal Code (Amendment) Ordinance 1938
Date of First Reading
:
25 April 1938
(Bill published on 29 April 1938. No Bill number given)
Date of Second and Third Readings
:
13 June 1938
Date of commencement
:
8 July 1938
17.  
Ordinance 18 of 1938—Sedition Ordinance 1938
(Consequential amendments made to Act by)
Date of First Reading
:
13 June 1938
(Bill published on 17 June 1938. No Bill number given)
Date of Second and Third Readings
:
29 August 1938
Date of commencement
:
16 September 1938
18.  
Ordinance 11 of 1939—Penal Code (Amendment) Ordinance 1939
Date of First Reading
:
27 February 1939
(Bill published on 3 March 1939. No Bill number given)
Date of Second and Third Readings
:
24 April 1939
Date of commencement
:
19 May 1939
19.  
Ordinance 12 of 1941—Penal Code (Amendment) Ordinance 1941
Date of First, Second and Third Readings
:
Dates Not Available
Date of commencement
:
23 May 1941
20.  
Ordinance 16 of 1949—Penal Code (Amendment) Ordinance 1949
Date of First Reading
:
12 April 1949
(Bill published on 14 April 1949. No Bill number given)
Date of Second and Third Readings
:
17 May 1949
Date of commencement
:
25 May 1949
21.  
Ordinance 38 of 1950—Penal Code (Amendment) Ordinance 1950
Date of First Reading
:
19 September 1950
(Bill published on 21 September 1950. No Bill number given)
Date of Second and Third Readings
:
13 October 1950
Date of commencement
:
23 October 1950
22.  
Ordinance 13 of 1952—Penal Code (Amendment) Ordinance 1952
Date of First Reading
:
19 February 1952
(Bill No. 13/52 published on 13 March 1952)
Date of Second and Third Readings
:
17 April 1952
Date of commencement
:
28 April 1952
23.  
Ordinance 37 of 1952—Law Revision (Penalties Amendment) Ordinance 1952
(Consequential amendments made to Act by)
Date of First Reading
:
16 September 1952
(Bill No. 32/52 published on 19 September 1952)
Date of Second and Third Readings
:
14 October 1952
Date of commencement
:
30 April 1955
24.  
Ordinance 20 of 1954—Criminal Justice (Punishment — Amendment) Ordinance 1954
(Consequential amendments made to Act by)
Date of First Reading
:
17 August 1954
(Bill No. 28/54 published on 20 August 1954)
Date of Second Reading
:
21 September 1954
Date of Third Reading
:
12 October 1954
Date of commencement
:
18 December 1954
25.  
1955 Revised Edition (Cap. 119)—Penal Code
Date of operation
:
Date Not Available
26.  
Ordinance 27 of 1955—Penal Code (Amendment) Ordinance 1955
Date of First Reading
:
18 August 1955
(Bill No. 11/55 published on 31 August 1955)
Date of Second Reading
:
22 September 1955
Date of Third Reading
:
12 October 1955
Date of commencement
:
21 October 1955
27.  
Ordinance 5 of 1958—Penal Code (Amendment) Ordinance 1958
Date of First Reading
:
22 April 1958
(Bill not published)
Date of Second and Third Readings
:
23 April 1958
Date of commencement
:
2 May 1958
28.  
G. N. No. S 67/1959
Date of commencement
:
Date not available
29.  
G. N. No. S 178/1959
Date of commencement
:
Date not available
30.  
G. N. No. S 179/1959
Date of commencement
:
Date not available
31.  
G. N. No. S 223/1959
Date of commencement
:
Date not available
32.  
Ordinance 38 of 1959—Laws of Singapore (Miscellaneous Amendments) Ordinance 1959
(Consequential amendments made to Act by)
Date of First Reading
:
3 March 1959
(Bill No. 215/59 published on 7 March 1959)
Date of Second Reading
:
18 March 1959
Date of commencement
:
3 June 1959
33.  
Ordinance 55 of 1959—Penal Code (Amendment) Ordinance 1959
Date of First Reading
:
13 August 1959
(Bill No. 15/59 published on 21 August 1959)
Date of Second and Third Readings
:
2 September 1959
Date of commencement
:
11 September 1959
34.  
Ordinance 34 of 1960—Penal Code (Amendment) Ordinance 1960
Date of First Reading
:
6 April 1960
(Bill No. 77/60 published on 14 April 1960)
Date of Second and Third Readings
:
13 May 1960
Date of commencement
:
20 May 1960
35.  
Ordinance 16 of 1961—Penal Code (Amendment) Ordinance 1961
Date of First Reading
:
26 April 1961
(Bill No. 138/61 published on 8 May 1961)
Date of Second and Third Readings
:
24 May 1961
Date of commencement
:
2 June 1961
36.  
G. N. No. S 375/1964
Date of commencement
:
Date not available
37.  
Act 14 of 1969—Statute Law Revision Act 1969
(Consequential amendments made to Act by)
Date of First Reading
:
15 October 1969
(Bill No. 22/69 published on 20 October 1969)
Date of Second and Third Readings
:
22 December 1969
Date of commencement
:
2 January 1970
38.  
Act 25 of 1969—Abortion Act 1969
(Consequential amendments made to Act by)
Date of First Reading
:
3 December 1968
(Bill No. 40/68 published on 7 December 1968)
Date of Second Reading
:
8 April 1969 to 10 April 1969
Date Committed to Select Committee
:
10 April 1969
Date of Third Reading
:
23 December 1969 and 29 December 1969
Date of commencement
:
20 March 1970
39.  
Date of operation
:
15 April 1971
40.  
Act 21 of 1973—Statutes of the Republic of Singapore (Miscellaneous Amendments) Act 1973
Date of First Reading
:
7 March 1973
(Bill No. 16/73 published on 9 March 1973)
Date of Second and Third Readings
:
20 March 1973
Date of commencement
:
6 April 1973
41.  
Act 62 of 1973—Penal Code (Amendment) Act 1973
(Consequential amendments made to Act by)
Date of First Reading
:
28 August 1973
(Bill No. 54/73 published on 31 August 1973)
Date of Second and Third Readings
:
30 November 1973
Date of commencement
:
8 February 1974
42.  
Act 32 of 1980—Abortion (Amendment) Act 1980
(Consequential amendments made to Act by)
Date of First Reading
:
31 October 1980
(Bill No. 20/80 published on 7 November 1980)
Date of Second and Third Readings
:
28 November 1980
Date of commencement
:
9 January 1981
43.  
Act 23 of 1984—Penal Code (Amendment) Act 1984
Date of First Reading
:
29 June 1984
(Bill No. 16/84 published on 9 July 1984)
Date of Second and Third Readings
:
26 July 1984
Date of commencement
:
31 August 1984
44.  
1985 Revised Edition—Penal Code
Date of operation
:
28 February 1986
45.  
Date of operation
:
30 March 1987
46.  
(Consequential amendments made to Act by)
Date of First Reading
:
30 August 1993
(Bill No. 26/93 published on 31 August 1993)
Date of Second and Third Readings
:
12 October 1993
Date of commencement
:
12 November 1993
47.  
Date of First Reading
:
19 February 1998
(Bill No. 13/98 published on 20 February 1998)
Date of Second and Third Readings
:
20 April 1998
Date of commencement
:
15 May 1998
48.  
Date of First Reading
:
17 September 2007
(Bill No. 38/2007 published on 18 September 2007)
Date of Second and Third Readings
:
23 October 2007
Date of commencement
:
1 February 2008
49.  
Date of operation
:
30 November 2008
50.  
Date of First Reading
:
19 July 2010
(Bill No. 13/2010 published on 19 July 2010)
Date of Second and Third Readings
:
16 August 2010
Date of commencement
:
21 November 2010
51.  
Date of First Reading
:
26 April 2010
(Bill No. 11/2010 published on 26 April 2010)
Date of Second and Third Readings
:
19 May 2010
Date of commencement
:
2 January 2011
52.  
Act 32 of 2012—Penal Code (Amendment) Act 2012
Date of First Reading
:
15 October 2012 (Bill No. 33/2012 published on 15 October 2012)
Date of Second and Third Readings
:
14 November 2012
Date of commencement
:
1 January 2013