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

Long Title

Chapter I — PRELIMINARY

Chapter II — GENERAL EXPLANATIONS

Chapter III — PUNISHMENTS

Chapter IV — GENERAL EXCEPTIONS

Right of private defence

Chapter V — ABETMENT

Chapter VA — CRIMINAL CONSPIRACY

Chapter VI — OFFENCES AGAINST THE STATE

Chapter VIA — PIRACY

Chapter VIB — GENOCIDE

Chapter VII — OFFENCES RELATING TO THE ARMED FORCES

Chapter VIII — OFFENCES RELATING TO UNLAWFUL ASSEMBLY

Chapter IX — OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Chapter X — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Chapter XI — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Chapter XII — OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

Chapter XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES

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

Chapter XV — OFFENCES RELATING TO RELIGION OR RACE

Chapter XVI — OFFENCES AFFECTING THE HUMAN BODY

Offences affecting life

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

Hurt

Wrongful restraint and wrongful confinement

Criminal force and assault

Kidnapping, abduction, slavery and forced labour

Sexual offences

Chapter XVII — OFFENCES AGAINST PROPERTY

Theft

Extortion

Robbery and gang-robbery

Criminal misappropriation of property

Criminal breach of trust

Receiving stolen property

Cheating

Fraudulent deeds and dispositions of property

Mischief

Criminal trespass

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

Currency notes and bank notes

Chapter XX — OFFENCES RELATING TO MARRIAGE

Chapter XXI — DEFAMATION

Chapter XXII — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Chapter XXIII — ATTEMPTS TO COMMIT OFFENCES

Legislative Source Key

Legislative History

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
On 31/08/2016, you requested the version in force on 13/03/2013 incorporating all amendments published on or before 13/03/2013. The closest version currently available is that of 01/01/2013.
Slider
Penal Code
(CHAPTER 224)

(Original Enactment: Ordinance 4 of 1871)

REVISED EDITION 2008
(30th November 2008)
An Act to consolidate the law relating to criminal offences.
[16th September 1872]
Chapter I
PRELIMINARY
Short title
1.  This Act shall be called the Penal Code.
Punishment of offences committed within Singapore
2.  Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore.
[Indian PC 1860, s. 2]
Punishment of offences committed beyond, but which by law may be tried within Singapore
3.  Any person liable by law to be tried for an offence committed beyond the limits of Singapore, shall be dealt with according to the provisions of this Code for any act committed beyond Singapore, in the same manner as if such act had been committed within Singapore.
[Indian PC 1860, s. 3]
Jurisdiction over public servants for offences committed outside Singapore
4.  Every public servant who, being a citizen or a permanent resident of Singapore, when acting or purporting to act in the course of his employment, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under the law in force in Singapore, is deemed to have committed that act or omission in Singapore.
[51/2007]
Certain laws not to be affected by this Code
5.  Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers or servicemen in the Singapore Armed Forces, or of any other law for the time being in force.
[Indian PC 1860, s. 5]
Chapter II
GENERAL EXPLANATIONS
Definitions in this Code to be understood subject to exceptions
6.  Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision or illustration.
Illustration
(a)
The sections in this Code which contain definitions of offences, do not express, that a child under 7 years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child under 7 years of age”.
(b)
A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
[Indian PC 1860, s. 6]
Expression once explained is used in the same sense throughout this Code
7.  Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.
[Indian PC 1860, s. 7]
“Gender”
8.  The pronoun “he” and its derivatives are used of any person, whether male or female.
[Indian PC 1860, s. 8]
“Number”
9.  Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
[Indian PC 1860, s. 9]
“Man” and “woman”
10.  The word “man” denotes a male human being of any age; “woman” denotes a female human being of any age.
[Indian PC 1860, s. 10]
“Person”
11.  The word “person” includes any company or association or body of persons, whether incorporated or not.
[Indian PC 1860, s. 11]
“Public”
12.  The word “public” includes any class of the public or any community.
[Indian PC 1860, s. 12]
“Government”
17.  The word “Government” includes any person lawfully performing executive functions of the Government under any law.
“Judge”
*19.  The word “judge” denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.
Illustration
(a)
A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.
(b)
Officers holding an inquiry as to the loss of a ship under the Merchant Shipping Act (Cap. 179) are judges.
(c)
A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a judge.
[Indian PC 1860, s. 19]
*  There are no sections 13 to 16 and 18
“Court of justice”
20.  The words “court of justice” denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.
[Indian PC 1860, s. 20]
“Public servant”
21.  The words “public servant” denote a person falling under any of the following descriptions:
(a)
every officer in the Singapore Armed Forces;
(b)
every judge;
(c)
every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a court of justice to perform any of such duties;
(d)
every assessor assisting a court of justice or public servant;
(e)
every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;
(f)
every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g)
every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(h)
every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;
(i)
a member of the Public Service Commission or the Legal Service Commission constituted under Part IX of the Constitution.
[51/2007]
Illustration
[Deleted by Act 51 of 2007]
Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
[Indian PC 1860, s. 21]
“Movable property”
22.  The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.
Illustration
Writings, relating to real or personal property or rights, are movable property.
[Indian PC 1860, s. 22]
“Wrongful gain” and “wrongful loss”
23.  “Wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled; “wrongful loss” is loss by unlawful means of property to which the person losing it is legally entitled.
Explanation—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
[Indian PC 1860, s. 23]
“Dishonestly”
24.  Whoever does anything with the intention of causing wrongful gain to one person, or wrongful loss to another person, is said to do that thing dishonestly.
[Indian PC 1860, s. 24]
“Fraudulently”
25.  A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise.
[Indian PC 1860, s. 25]
“Reason to believe”
26.  A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing, but not otherwise.
[Indian PC 1860, s. 26]
Property in possession of spouse, clerk or servant
27.  When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.
[51/2007]
Explanation—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this section.
[Indian PC 1860, s. 27]
“Counterfeit”
28.  A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—Where a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.
[Indian PC 1860, s. 28]
“Document”
29.  The word “document” includes, in addition to a document in writing —
(a)
any map, plan, graph or drawing;
(b)
any photograph;
(c)
any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;
(d)
any disc, tape, sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;
(e)
any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(f)
any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them.
[51/2007]
[CPC 1985 Ed., s. 378(3)]
“Writing”
29A.  The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
[51/2007]
“Electronic record”
29B.  The expression “electronic record” has the same meaning as in the Electronic Transactions Act (Cap. 88).
[51/2007]
[Indian PC 1860, s. 29A]
“Valuable security”
30.
—(1)  The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
(2)  Notwithstanding the generality of subsection (1), “valuable security” includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money’s worth or other financial rights attached.
[51/2007]
Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.
[Indian PC 1860, s. 30]
“A will”
31.  The words “a will” denote any testamentary document.
[Indian PC 1860, s. 31]
“Die” and “instrument”
31A.  For the purposes of Chapters XII and XVIII —
“die” includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression;
“instrument” includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, sound-track or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means.
[51/2007]
[HK Crimes Ordinance 1971, s. 68]
Words referring to acts include illegal omissions
32.  In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
[Indian PC 1860, s. 32]
“Act” and “omission”
33.  The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission.
[Indian PC 1860, s. 33]
Each of several persons liable for an act done by all, in like manner as if done by him alone
34.  When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.
[Indian PC 1860, s. 34]
When such an act is criminal by reason of its being done with a criminal knowledge or intention
35.  Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
[Indian PC 1860, s. 35]
Effect caused partly by act and partly by omission
36.  Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
[Indian PC 1860, s. 36]
Co-operation by doing one of several acts constituting an offence
37.  When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustration
(a)
A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement, with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate.
(b)
A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c)
A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not co-operate with B, A is guilty only of an attempt to commit murder.
[Indian PC 1860, s. 37]
Several persons engaged in the commission of a criminal act may be guilty of different offences
38.  Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
[51/2007]
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
[Indian PC 1860, s. 38]
“Voluntarily”
39.  A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by this act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
[Indian PC 1860, s. 39]
“Offence”
40.
—(1)  Except in the Chapters and sections mentioned in subsections (2) and (3), “offence” denotes a thing made punishable by this Code.
(2)  In Chapters IV, V and VA, and in sections 4, 187, 194, 195, 203, 204B, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, “offence” denotes a thing punishable under this Code or under any other law for the time being in force.
[51/2007]
(3)  In sections 141, 176, 177, 201, 202, 212, 216 and 441, “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine.
[Indian PC 1860, s. 40]
Offence with specified term of imprisonment
41.  An offence described in this Code or in any written law for the time being in force as being punishable with imprisonment for a specified term or upwards includes an offence for which the specified term is the maximum term of imprisonment.
[51/2007]
“Obscene”
42.  The word “obscene”, in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
[51/2007]
[UPA 1998 Ed., s. 3]
“Illegal”, “unlawful” and “legally bound to do”
43.  The word “illegal” or “unlawful” is applicable to every thing which is an offence, or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be “legally bound to do” whatever it is illegal or unlawful in him to omit.
[51/2007]
[Indian PC 1860, s. 43]
“Injury”
44.  The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
[Indian PC 1860, s. 44]
“Life”
45.  The word “life” denotes the life of a human being, unless the contrary appears from the context.
[Indian PC 1860, s. 45]
“Death”
46.  The word “death” denotes the death of a human being, unless the contrary appears from the context.
[Indian PC 1860, s. 46]
“Animal”
47.  The word “animal” denotes any living creature, other than a human being.
[Indian PC 1860, s. 47]
“Vessel”
48.  The word “vessel” denotes anything made for the conveyance by water of human beings, or of property.
[Indian PC 1860, s. 48]
“Year” and “month”
49.  Wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar.
[Indian PC 1860, s. 49]
“Section”
50.  The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.
[Indian PC 1860, s. 50]
“Oath”
51.  The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a court of justice or not.
[Indian PC 1860, s. 51]
“Good faith”
52.  Nothing is said to be done or believed in good faith which is done or believed without due care and attention.
[Indian PC 1860, s. 52]
Chapter III
PUNISHMENTS
Punishments
53.  The punishments to which offenders are liable under the provisions of this Code are —
(a)
death;
(b)
imprisonment;
(c)
forfeiture of property;
(d)
fine;
(e)
caning.
Explanation—Caning shall be with a rattan.
[Indian PC 1860, s. 53]
Imprisonment for life
54.  “Imprisonment for life”, in relation to any prescribed punishment under this Code or any other written law, means imprisonment for the duration of a person’s natural life.
[51/2007]
Fractions of terms of punishment
*57.  [Repealed by Act 51 of 2007]
*  There are no sections 55 and 56.
71.  *[Repealed by Act 15/2010 wef 02/01/2011]
*   There are no sections 58 to 70.
Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which
72.  In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided, if the same punishment is not provided for all.
[Indian PC 1860, s. 72]
Enhanced penalties for offences against domestic maids
73.
—(1)  Subsection (2) shall apply where an employer of a domestic maid or a member of the employer’s household is convicted of —
(a)
an offence of causing hurt or grievous hurt to any domestic maid employed by the employer punishable under section 323, 324 or 325;
(b)
an offence of wrongfully confining any domestic maid employed by the employer punishable under section 342, 343 or 344;
(c)
an offence of assaulting or using criminal force to any domestic maid employed by the employer punishable under section 354;
(d)
an offence of doing any act that is intended to insult the modesty of any domestic maid employed by the employer punishable under section 509; or
(e)
an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, an offence described in paragraphs (a) to (d).
[18/98]
(2)  Where an employer of a domestic maid or a member of the employer’s household is convicted of an offence described in subsection (1)(a), (b), (c), (d) or (e), the court may sentence the employer of the domestic maid or the member of his household, as the case may be, to one and a half times the amount of punishment to which he would otherwise have been liable for that offence.
[18/98]
(3)  Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68) —
(a)
a Magistrate’s Court shall have jurisdiction to hear and determine all proceedings for the offences punishable under sections 343, 344 and 354 and shall have power to award the full punishment provided under subsection (2) in respect of those offences; and
(b)
a District Court shall have jurisdiction to hear and determine all proceedings for the offences punishable under sections 324 and 325 and shall have power to award the full punishment provided under subsection (2) in respect of those offences.
[18/98]
(4)  For the purposes of this section —
“domestic maid” means any female house servant employed in, or in connection with, the domestic services of her employer’s private dwelling-house and who resides in her employer’s private dwelling-house;
“dwelling-house” means a place of residence and includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;
“member of the employer’s household”, in relation to a domestic maid, means a person residing in the employer’s private dwelling-house at the time the offence was committed whose orders the domestic maid has reasonable grounds for believing she is expected to obey.
[18/98]
Enhanced penalties for racially or religiously aggravated offences
74.
—(1)  Where a person is convicted of an offence specified in subsection (2) which is racially or religiously aggravated, the court may sentence the person to one and a half times the amount of punishment to which he would otherwise have been liable for that offence.
[51/2007]
(2)  The offence referred to in subsection (1) is as follows:
(a)
an offence under section 143, 144, 145, 147, 148, 151, 153, 158, 267B, 267C, 323, 324, 325, 341, 342, 343, 344, 346, 352, 354, 355, 357, 363A, 504, 505, 506, 507 or 509; or
(b)
an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, any offence under paragraph (a).
[51/2007]
(3)  Notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68) —
(a)
a Magistrate’s Court shall have jurisdiction to hear and determine all proceedings for the offences punishable under sections 143, 151, 153, 323, 343, 344, 346, 354(1), 355, 504, 505 and 507 and shall have power to award the full punishment provided under subsection (1) in respect of those offences; and
(b)
a District Court shall have jurisdiction to hear and determine all proceedings for the offences punishable under sections 144, 145, 147, 148, 158, 267C, 324, 325, 354(2), 363A and 506 and shall have power to award the full punishment provided under subsection (1) in respect of those offences.
[51/2007]
(4)  For the purposes of this section, an offence is racially or religiously aggravated if —
(a)
at the time of committing the offence, or immediately before or after committing such offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or
(b)
the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.
[51/2007]
(5)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (4) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
[51/2007]
(6)  In this section —
“membership”, in relation to a racial or religious group, includes association with members of that group;
“presumed” means presumed by the offender.
[51/2007]
[UK CDA 1998, s. 28(1) to (3)]
Punishment of persons convicted, after a previous conviction, of an offence punishable with 3 years’ imprisonment
75.  Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII with imprisonment for a term of 3 years or upwards, is guilty of any offence punishable under either of those Chapters with imprisonment for a term of 3 years or upwards, shall be subject for every such subsequent offence to imprisonment for life, or to double the amount of punishment to which he would otherwise have been liable for the same; but if he is not sentenced to imprisonment for life, he shall not in any case be liable to imprisonment for a term exceeding 15 years.
[51/2007]
[Indian PC 1860, s. 75]
Chapter IV
GENERAL EXCEPTIONS
Act done by a person bound, or by mistake of fact believing himself bound by law
76.  Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustration
(a)
A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.
(b)
A, an officer of a court of justice, being ordered by that court to arrest Y, and, after due enquiry, believing Z to be Y, arrest Z. A has committed no offence.
[Indian PC 1860, s. 76]
Act of judge when acting judicially
77.  Nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
[Indian PC 1860, s. 77]
Act done pursuant to the judgment or order of a court of justice
78.  Nothing which is done in pursuance of, or which is warranted by, the judgment or order of a court of justice, if done while the judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass the judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction.
[Indian PC 1860, s. 78]
Act done by a person justified, or by mistake of fact believing himself justified by law
79.  Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it.
Illustration
(a)
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.
(b)
A, a police officer, is deployed to perform the duty of screening passengers boarding a flight at the airport. A sees Z, a passenger queuing up to be screened, acting suspiciously. As A approaches Z, Z suddenly shouts aloud that he is carrying a bomb and warns A not to approach further. As A draws his revolver, Z suddenly starts to run away. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.
(c)
A, a police officer, is deployed to perform patrol duty at an underground train station. A receives information from police headquarters that someone is attempting to plant a bomb in the public transport system. The profile of the suspect is also provided. While patrolling the underground train station, A sees Z, who fits the profile. Z is seen carrying a backpack and behaving suspiciously. A approaches Z and orders him to stop. Z suddenly starts running towards a crowd in the station. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.
(d)
X, the commander of a naval vessel, is patrolling Singapore territorial waters. X receives information that someone may hijack a vessel in order to commit a terrorist act. X spots vessel A which is proceeding at high speed towards a cruise liner. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. Vessel A instead starts accelerating towards the cruise liner. X, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that vessel A is going to ram into the cruise liner. X gives an order to fire at vessel A. The persons on board vessel A die as a result. X has committed no offence, even though it may turn out that vessel A was not hijacked nor were there any terrorist on board.
[51/2007]
[Indian PC 1860, s. 79]
Accident in the doing of a lawful act
80.  Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.
[Indian PC 1860, s. 80]
Act likely to cause harm but done without a criminal intent, and to prevent other harm
81.  Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Illustration
(a)
A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with 20 or 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course he must incur risk of running down a boat C, with only 2 passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C, and in good faith for the purposes of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C, by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.
(b)
A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention, in good faith, of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.
(c)
X, the commander of a naval vessel, is deployed in response to a threat of a terrorist attack against a ferry terminal in Singapore. X receives information that vessel A, with a crew of 6, has been hijacked by terrorists and is approaching the ferry terminal at great speed and is likely to collide into the terminal. There is insufficient time to evacuate the persons at the terminal, which is estimated to be about 100. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. However, vessel A continues her advance towards the terminal. Here, if X gives an order to fire at vessel A to disable it, without any intention to cause harm to the crew members of vessel A, and in good faith for the purpose of avoiding the danger to the persons at the terminal, he is not guilty of an offence. This is so even though he knows that he is likely to cause harm to the crew members of vessel A, if it be found as a matter of fact that the danger which X intends to avoid is such as to excuse him in incurring the risk of firing at vessel A.
[51/2007]
[Indian PC 1860, s. 81]
Act of a child under 7 years of age
82.  Nothing is an offence which is done by a child under 7 years of age.
[Indian PC 1860, s. 82]
Act of a child above 7 and under 12 years of age, who has not sufficient maturity of understanding
83.  Nothing is an offence which is done by a child above 7 years of age and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.
[Indian PC 1860, s. 83]
Act of a person of unsound mind
84.  Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
[Indian PC 1860, s. 84]
Intoxication when a defence
85.
—(1)  Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.
(2)  Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and —
(a)
the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b)
the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission.
[Indian PC 1860, s. 85]
Effect of defence of intoxication when established
86.
—(1)  Where the defence under section 85 is established, then in a case falling under section 85(2)(a) the accused person shall be acquitted, and in a case falling under section 85(2)(b), section 84 of this Code and sections 251 and 252 of the Criminal Procedure Code 2010 shall apply.
(2)  Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.
Interpretation
(3)  For the purposes of this section and section 85 “intoxication” shall be deemed to include a state produced by narcotics or drugs.
[Indian PC 1860, s. 86]
Act not intended and not known to be likely to cause death or grievous hurt, done by consent
87.  Nothing, which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person above 18 years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
[Indian PC 1860, s. 87]
Act not intended to cause death done by consent in good faith for the benefit of a person
88.  Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
[Indian PC 1860, s. 88]
Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian
89.  Nothing, which is done in good faith for the benefit of a person under 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:
Provided that this exception shall not extend to —
(a)
the intentional causing of death, or to the attempting to cause death;
(b)
the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c)
the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d)
the abetment of any offence, to the committing of which offence it would not extend.
Illustration
A, in good faith, for the benefit of his child, being under 12 years of age, without his child’s consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.
[Indian PC 1860, s. 89]
Consent given under fear or misconception, by person of unsound mind, etc., and by child
90.  A consent is not such a consent as is intended by any section of this Code —
(a)
if the consent is given by a person —
(i)
under fear of injury or wrongful restraint to the person or to some other person; or
(ii)
under a misconception of fact,
and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;
(b)
if the consent is given by a person who, from unsoundness of mind, mental incapacity, intoxication, or the influence of any drug or other substance, is unable to understand the nature and consequence of that to which he gives his consent; or
(c)
unless the contrary appears from the context, if the consent is given by a person who is under 12 years of age.
[51/2007]
[Indian PC 1860, s. 90]
Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89
91.  The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
[32/80]
Illustration
Causing miscarriage, unless it is authorised under the Termination of Pregnancy Act (Cap. 324) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act.
[Indian PC 1860, s. 91]
Act done in good faith for the benefit of a person without consent
92.  Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception shall not extend to —
(a)
the intentional causing of death, or to the attempting to cause death;
(b)
the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c)
the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(d)
the abetment of any offence, to the committing of which offence it would not extend.
Illustration
(a)
Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(b)
[Deleted by Act 51 of 2007]
(c)
A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation is immediately performed. There is not time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.
(d)
A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.
Explanation—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
[Indian PC 1860, s. 92]
Communication made in good faith
93.  No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.
[Indian PC 1860, s. 93]
Act to which a person is compelled by threats
94.  Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person or any other person will otherwise be the consequence:
Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
[51/2007]
Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins gang-robbers knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2.—A person seized by gang-robbers, and forced by threat of instant death to do a thing which is an offence by law — for example, a smith compelled to take his tools and to force the door of a house for the gang-robbers to enter and plunder it — is entitled to the benefit of this exception.
[Indian PC 1860, s. 94]
Act causing slight harm
95.  Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
[Indian PC 1860, s. 95]
Right of private defence
Nothing done in private defence is an offence
96.  Nothing is an offence which is done in the exercise of the right of private defence.
[Indian PC 1860, s. 96]
Right of private defence of the body and of property
97.  Every person has a right, subject to the restrictions contained in section 99, to defend —
(a)
his own body, and the body of any other person, against any offence affecting the human body;
(b)
the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
[Indian PC 1860, s. 97]
Right of private defence against the act of a person of unsound mind, etc.
98.  When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Illustration
(a)
Z, under the influence of madness, attempts to kill A. Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.
(b)
A enters, by night, a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
[Indian PC 1860, s. 98]
Acts against which there is no right of private defence
99.
—(1)  There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
(2)  There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
(3)  There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
Extent to which the right may be exercised
(4)  The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction; or unless such person states the authority under which he acts, or, if he has authority in writing, unless he produces such authority, if demanded.
[Indian PC 1860, s. 99]
When the right of private defence of the body extends to causing death
100.  The right of private defence of the body extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right is of any of the following descriptions:
(a)
such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(b)
such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(c)
an assault with the intention of committing rape;
(d)
an assault with the intention of committing non-consensual penile penetration of the anus;
(e)
an assault with the intention of kidnapping or abducting;
(f)
an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
[51/2007]
[Indian PC 1860, s. 100]
When such right extends to causing any harm other than death
101.  If the offence is not of any of the descriptions enumerated in section 100, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
[Indian PC 1860, s. 101]
Commencement and continuance of the right of private defence of the body
102.  The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or a threat to commit the offence, though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
[Indian PC 1860, s. 102]
When the right of private defence of property extends to causing death
103.  The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, is an offence of any of the following descriptions:
(a)
robbery;
(b)
house-breaking by night;
(c)
mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
(d)
theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
[Indian PC 1860, s. 103]
When such right extends to causing any harm other than death
104.  If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions enumerated in section 103, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death.
[Indian PC 1860, s. 104]
Commencement and continuance of the right of private defence of property
105.
—(1)  The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
(2)  The right of private defence of property against theft continues till the offender has effected his retreat with the property, or till the assistance of the public authorities is obtained, or till the property has been recovered.
(3)  The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
(4)  The right of private defence of property against criminal trespass or mischief, continues as long as the offender continues in the commission of criminal trespass or mischief.
(5)  The right of private defence of property against house-breaking by night continues as long as house-trespass which has been begun by such house-breaking continues.
[Indian PC 1860, s. 105]
Right of private defence against a deadly assault when there is risk of harm to an innocent person
106.  If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
[Indian PC 1860, s. 106]
Chapter V
ABETMENT
Abetment of the doing of a thing
107.  A person abets the doing of a thing who —
(a)
instigates any person to do that thing;
(b)
engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(c)
intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorised by a warrant from a court of justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
[Indian PC 1860, s. 107]
Abettor
108.  A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Illustration
(a)
A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b)
A instigates B to murder D. B, in pursuance of the instigation, stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.
Illustration
(a)
A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act is committed or not, is guilty of abetting an offence.
(b)
A, with the intention of murdering Z, instigates B, a child under 7 years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act, and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder, and he is therefore subject to the punishment of death.
(c)
A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence.
(d)
A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.
[51/2007]
Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B isliable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence A is also liable to the same punishment.
Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section, and is liable to the punishment for murder.
[Indian PC 1860, s. 108]
Abetment in Singapore of an offence outside Singapore
108A.  A person abets an offence within the meaning of this Code who, in Singapore, abets the commission of any act without and beyond Singapore which would constitute an offence if committed in Singapore.
Illustration
A, in Singapore, instigates B, a foreigner in Java, to commit murder in Java. A is guilty of abetting murder.
[Indian PC 1860, s. 108A]
Abetment outside Singapore of an offence in Singapore
108B.  A person abets an offence within the meaning of this Code who abets an offence committed in Singapore notwithstanding that any or all of the acts constituting the abetment were done outside Singapore.
[51/2007]
Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
109.  Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.
Explanation—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
Illustration
(a)
A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.
(b)
A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(c)
A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B, in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z, in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
[Indian PC 1860, s. 109]
Punishment of abetment if the person abetted does the act with a different intention from that of the abettor
110.  Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
[Indian PC 1860, s. 110]
Liability of abettor when one act is abetted and a different act is done
111.  When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it:
Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
Illustration
(a)
A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner, and to the same extent, as if he had instigated the child to put the poison into the food of Y.
(b)
A instigates B to burn Z’s house. B sets fire to the house, and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.
(c)
A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.
[Indian PC 1860, s. 111]
Abettor, when liable to cumulative punishment for act abetted and for act done
112.  If the act for which the abettor is liable under section 111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily caused grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
[Indian PC 1860, s. 112]
Liability of abettor for an offence caused by the act abetted different from that intended by the abettor
113.  When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner, and to the same extent, as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
[Indian PC 1860, s. 113]
Abettor present when offence committed
114.  Whenever any person who, if absent, would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
[Indian PC 1860, s. 114]
Abetment of an offence punishable with death or imprisonment for life
115.  Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment for a term which may extend to 14 years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death. Therefore, A is liable to imprisonment for a term which may extend to 7 years, and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to 14 years, and to fine.
[Indian PC 1860, s. 115]
Abetment of an offence punishable with imprisonment
116.  Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both.
Illustration
(a)
A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.
(b)
A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
(c)
A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(d)
B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery is not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
[Indian PC 1860, s. 116]
Abetting the commission of an offence by the public or by more than 10 persons
117.  Whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding 10, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[51/2007]
Illustration
A, an employee at a worksite, affixes a placard at the worksite where more than 10 persons are employed. A instigates the workers to damage property at the worksite if their demand for a pay rise is not met. A has committed an offence under this section.
[51/2007]
[Indian PC 1860, s. 117]
Concealing a design to commit an offence punishable with death or imprisonment for life
118.  Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with death or imprisonment for life, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if that offence is committed, be punished with imprisonment for a term which may extend to 7 years, or, if the offence is not committed, with imprisonment for a term which may extend to 3 years: and, in either case, shall also be liable to fine.
Illustration
A, knowing that a gang-robbery is about to be committed at B, falsely informs the police that a gang-robbery is about to be committed at C, a place in an opposite direction, and thereby misleads the police with intent to facilitate the commission of the offence. The gang-robbery is committed at B in pursuance of the design. A is punishable under this section.
[Indian PC 1860, s. 118]
A public servant concealing a design to commit an offence which it is his duty to prevent
119.  Whoever, being a public servant, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence, the commission of which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 15 years, and also be liable to fine; or if the offence is not committed, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence not committed is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 7 years, and also be liable to fine.
[51/2007]
Illustration
A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to this section.
[Indian PC 1860, s. 119]
Concealing a design to commit an offence punishable with imprisonment
120.  Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-fourth, and if the offence is not committed, to one-eighth of the longest term provided for that offence; or with such fine as is provided for the offence, or with both.
[Indian PC 1860, s. 120]
Chapter VA
CRIMINAL CONSPIRACY
Definition of criminal conspiracy
120A.
—(1)  When 2 or more persons agree to do, or cause to be done —
(a)
an illegal act; or
(b)
an act, which is not illegal, by illegal means,
such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
[51/2007]
(2)  A person may be a party to a criminal conspiracy notwithstanding the existence of facts of which he is unaware which make the commission of the illegal act, or the act, which is not illegal, by illegal means, impossible.
[51/2007]
Explanation—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
[Indian PC 1860, s. 120A]
Punishment of criminal conspiracy
120B.  Whoever is a party to a criminal conspiracy to commit an offence shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
[51/2007]
[Indian PC 1860, s. 120B]
Chapter VI
OFFENCES AGAINST THE STATE
Waging or attempting to wage war or abetting the waging of war against the Government
121.  Whoever wages war against the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or with imprisonment for life and shall, if he is not sentenced to death, also be liable to fine.
[51/2007]
Illustration
A joins an insurrection against the Government. A has committed the offence defined in this section.
[Indian PC 1860, s. 121]
Offences against the President’s person
121A.  Whoever compasses, imagines, invents, devises, or intends the death of or hurt to or imprisonment or restraint of the President, shall be punished with death, or with imprisonment for life and shall, if he is not sentenced to death, also be liable to fine.
[51/2007]
Offences against authority
121B.  Whoever compasses, imagines, invents, devises or intends the deprivation or deposition of the President from the sovereignty of Singapore, or the overawing by criminal force of the Government, shall be punished with imprisonment for life, and shall also be liable to fine.
[51/2007]
Abetting offences under section 121A or 121B
121C.  Whoever abets the commission of any of the offences punishable by section 121A or 121B shall be punished with the punishment provided for those offences.
Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform
121D.  Whoever knowing or having reason to believe that any offence punishable under section 121, 121A, 121B or 121C has been committed intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
[51/2007]
Collecting arms, etc., with the intention of waging war against the Government
122.  Whoever collects men, arms or ammunition or otherwise prepares to wage war, with the intention of either waging or being prepared to wage war against the Government, shall be punished with imprisonment for life or imprisonment for a term not exceeding 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 122]
Concealing with intent to facilitate a design to wage war
123.  Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 123]
Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power
124.  Whoever, with the intention of inducing or compelling the President or a Member of Parliament or the Cabinet, to exercise or refrain from exercising in any manner any of the lawful powers of the President, or such Member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, the President or such Member, shall be punished with imprisonment for life or for a term which may extend to 20 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 124]
Waging war against any power in alliance or at peace with Singapore
125.  Whoever wages war against the government of any power in alliance or at peace with the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to 15 years, to which fine may be added, or with fine.
[51/2007]
[Indian PC 1860, s. 125]
Committing depredation on the territories of any power in alliance or at peace with Singapore
126.  Whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, and any property used, or intended to be used, in committing such depredation, or acquired by such depredation, shall be forfeited.
[51/2007]
[Indian PC 1860, s. 126]
Receiving property taken by war or depredation mentioned in sections 125 and 126
127.  Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and the property so received shall be forfeited.
[51/2007]
[Indian PC 1860, s. 127]
Public servant voluntarily allowing prisoner of State or war in his custody to escape
128.  Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 128]
Public servant negligently suffering prisoner of State or war in his custody to escape
129.  Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[51/2007]
[Indian PC 1860, s. 129]
Aiding escape of, rescuing, or harbouring such prisoner
130.  Whoever knowingly aids or assists any prisoner of State or prisoner of war in escaping from lawful custody or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.
[51/2007]
Explanation—. A prisoner of State or prisoner of war who is permitted to be at large on his parole within certain limits in Singapore, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
[Indian PC 1860, s. 130]
“Harbour”
130A.  In this Chapter, “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension.
Chapter VIA
PIRACY
Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849)
130B.
—(1)  A person commits piracy who does any act that, by the law of nations, is piracy.
(2)  Whoever commits piracy shall be punished with imprisonment for life and with caning with not less than 12 strokes, but if while committing or attempting to commit piracy he murders or attempts to murder another person or does any act that is likely to endanger the life of another person he shall be punished with death.
Piratical acts
130C.  Whoever, while in or out of Singapore —
(a)
steals a Singapore ship;
(b)
steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Singapore ship;
(c)
does or attempts to do a mutinous act on a Singapore ship; or
(d)
counsels or procures a person to do anything mentioned in paragraph (a), (b) or (c),