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.
Illustrations
(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.
Illustrations
(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.
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.
Illustrations
(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.
Whoever
commits murder shall be punished with death.
[Indian PC
1860, s. 302]
Punishment for culpable homicide not amounting to
murder
*304.
Whoever commits culpable homicide
not amounting to murder shall be punished —(a)
with imprisonment for life, or imprisonment
for a term which may extend to 20 years, and shall also be liable
to fine or to caning, 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; or
(b)
with imprisonment for a term which
may extend to 10 years, or with fine, or with caning, or with any
combination of such punishments, 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.
[62/73;51/2007]
[Indian PC
1860, s. 304]
*There is no section 303.
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]
Illustrations
(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]
Illustrations
(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]
Explanation.—Sections
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.
Illustrations
(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.
Illustrations
(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.
Illustrations
(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.
Illustrations
(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]
Kidnapping or abducting in order to compel the Government,
etc.
364A.
Whoever —(a)
kidnaps or abducts any person or keeps
a person in detention after such kidnapping or abduction; and
(b)
threatens to cause death or hurt to
such person, or by his conduct gives rise to a reasonable apprehension
that such person may be put to death or hurt, or causes death or
hurt to such person,
in order to compel —(i)
the Government to do or abstain from
doing any act, shall be punished with death or imprisonment for
life, and shall, if he is not sentenced to death, also be liable
to fine or to caning; or
(ii)
any other person to do or abstain
from doing any act shall be punished with imprisonment for a term
which may extend to 15 years, and shall also be liable to fine or
to caning.
[51/2007]
[Indian PC
1860, s. 364A]
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 —(a)
section 354, 354A, 375, 376, 376A,
376B, 376F, 376G or 377A;
(b)
section 7 of the Children and Young
Persons Act (Cap. 38); or
(c)
section 140(1) of the Women’s
Charter (Cap. 353).
[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]
[UK SOA 2003,
ss. 34, 79; UK MH Bill 2004, 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)]