Penal Code (Singapore)

History

Selected provisions

Chapter III: Punishments

• Punishments – Offenders are liable to any of these penalties in the Code:
• Imprisonment for life – Defined as imprisonment for the duration of a person’s natural life.
• Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which – If a person is guilty of one of several offences in the judgement, but that there are doubts over the offences the person is guilty of, the offender shall be punished for the offence with the lowest punishment provided, if the same punishment is not provided for all.
• Enhanced penalties for offences against domestic workers –
• Enhanced penalties for racially or religiously aggravated offences –
• Enhanced penalties for offences against vulnerable persons –
• Enhanced penalties for offences against person below 14 years of age –
• Enhanced penalties for offences against victims in intimate relationships –
• Enhanced penalties for offences against victims in close relationships –
• Application of enhanced penalties –

  Chapter IV: General exceptions

• Act done by person bound, or justified by law – If it is done by a person who is bound by law to do it or justified by law in doing it.
• Judge acting judicially – If it 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.
• Act done pursuant to judgment or order of court – If it 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, 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.
• Act done by person by mistake of fact believing himself bound or justified by law – If it is done by any person who by reason of a mistake of fact or in ignorance of a fact in good faith believes that he is bound or justified by law to do it, unless stated otherwise by law. Despite that, when a mistake or ignorance of fact negates the fault element required to establish liability for an offence, then to avoid doubt, that offence is not made out.
• Accident – If it is done by accident or misfortune in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution. Despite that, when the facts relied upon to establish the defence in this sentence will, when proven, negate the fault element required to establish liability under an offence, then to avoid doubt, that offence is not made out.
• Act done to prevent other harm – If, merely by reason of its being done with the knowledge that it is likely to cause harm, it is done in good faith for the purpose of preventing or avoiding other harm to person or property.
• Act of a child under seven years – If it is done by a child under seven years of age.
• Act of a child above seven and under 12 years who has not sufficient maturity of understanding – If it is done by a child above seven 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.
• Unsoundness of mind – If it is done by a person who, at the time of doing it, by reason of unsoundness of mind, is
• Intoxication – If by reason of intoxication the person charged at the time of the act or omission complained of —
• Consent –
• *If a person above 18 years of age has given consent, whether express or implied, to suffer harm or to take the risk of harm, provided that the act is not intended to cause death or grievous hurt, and is not known by the doer to be likely to cause death or grievous hurt.
• *If an act is done to a person for his benefit in good faith, and the person has given consent, whether express or implied, to suffer harm or to take the risk of harm, provided that the act is not intended to cause death.
• *If an act 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.
• *However, a consent can be negated if given under fear of injury or wrongful restraint to any person or other people, under misconception of facts, by a person who is of unsound mind, mental incapacity, under intoxication or influence of a drug or any substance, and by a person under 12 years of age.
• *Exceptions under sections 87 to 89 do not extend to acts causing harm to the person who consented to them.
• Act done in good faith for benefit of person without consent – If an act is done to a person for his benefit 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.
• Communication made in good faith – If it is a communication made in good faith for the benefit of a person.
• Compulsion by threats – If it 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 will otherwise be the consequence. The exception does not apply to murder and offences against the State punishable with death.
• Act causing slight harm – If 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.

• Mistake of law or ignorance of law not defence – A person’s mistake or ignorance of the law is not a defence to a charge of an offence unless stated otherwise by law. Despite that, when a mistake of law negates the fault element required to establish liability for an offence, then to avoid doubt, that offence is not made out.

  Chapter IVA: Right of private defence

• Private defence – If it is done in the exercise of the right of private defence.

  Chapter V: Abetment

• Abetment – A person abets the doing of a thing when he or she —

  Chapter VA: Criminal conspiracy

• Criminal conspiracy – When two or more persons agree to do, or cause to be done —

  Chapter VIA: Piracy

• Piracy – A person commits piracy who does any act that, by the law of nations, is piracy. 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 or she murders or attempts to murder another person or does any act that is likely to endanger the life of another person he or she shall be punished with death.
• Piratical acts – Whoever, while in or out of Singapore —

  Chapter VIII: Offences against the public tranquillity

• Unlawful assembly – An assembly of five or more persons is an "unlawful assembly" if the common object of the persons composing that assembly is —
• Rioting – The offence of rioting is committed whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of the assembly. The punishment for rioting is imprisonment of up to five years and caning, or imprisonment of up to seven years and caning if a person is found rioting while armed with a deadly weapon.
• Affray – An affray is committed when two or more persons fight in a public place and disturb the public peace. The punishment for affray is imprisonment of up to one year, or a fine of up to S$1,000, or both.

  Chapter XIV: Offences affecting the public tranquility, public health, safety, convenience, decency and morals

• Sale of obscene books, etc. – Whoever —

  Chapter XVI: Offences affecting the human body

Offences affecting life

• Culpable homicide – The offence of culpable homicide is committed when a person 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 or she is likely by such act to cause death. Where a decision is made by the Public Prosecutor not to charge a person with murder, a common alternative charge is 'culpable homicide not amounting to murder'. This is frequently called 'manslaughter' by the media, which is inaccurate as the term does not appear in the Penal Code and is different from the English common law offence of manslaughter. The penalty for culpable homicide not amounting to murder is:
• Murder – Except in the cases set out below, culpable homicide amounts to murder —
• Causing death by rash or negligent act – Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of up to two years, or a fine, or both. The relevant section of the Penal Code creates two separate offences: causing death by a rash act, and causing death by a negligent act, the former being the more serious offence. Persons who cause deaths in the course of traffic accidents are often charged with one of these offences.

  Hurt

• Voluntarily causing hurt – A person causes hurt when he or she causes bodily pain, disease or infirmity to any person. Whoever does any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, and does cause hurt to any person, voluntarily causes hurt. The penalty for voluntarily causing hurt is imprisonment of up to one year, or a fine of up to S$5,000, or both.
• Voluntarily causing grievous hurt – The following kinds of hurt only are designated as "grievous":

  Criminal force and assault

• Criminal force – A person uses criminal force to another person when he or she intentionally uses force to the other 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. The penalty for using criminal force to another person is imprisonment for up to three months, or a fine of up to S$1,500, or both.
• Assault – 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. The penalty for assault is the same as that for using criminal force.
• Assault or use of criminal force with intent to outrage modesty – 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 up to two years, or a fine, or caning, or any two of such punishments. This offence is sometimes inaccurately termed 'molest' by the media. If, in order to commit or to facilitate the commission of the offence, a person 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, the punishment is imprisonment of not less than two years and not more than ten years with caning. If the offence is committed in a lift in any building, or against any person under 14 years of age, the punishment is imprisonment for not less than three years and not more than ten years and caning.

  Kidnapping, abduction, slavery and forced labour

• Kidnapping – There are two kinds of kidnapping: kidnapping from Singapore, and kidnapping from lawful guardianship. A person is kidnapped from Singapore when he or she is conveyed beyond the limits of Singapore without his or her consent or the consent of some person legally authorised to consent on behalf of that person. 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. The punishment for kidnapping from Singapore or kidnapping from lawful guardianship is imprisonment for up to ten years, and a fine or caning. It may be noted that under the Kidnapping Act, it is an offence to abduct or wrongfully restrain or wrongfully confine a person with intent to hold that person for ransom. The penalty is death or imprisonment for life; if the offender is not sentenced to death, he is also liable to caning.

  Sexual offences

• Rape –
• Other forms of rape, including male on male, female on male rape –

• Incest – Incest is committed when —

  Outrages on decency

• Outrages on decency – 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 up to two years.

  Word or gesture intended to insult the modesty of any person

• Word or gesture intended to insult the modesty of any person – Whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound will be heard, or that such gesture or object will be seen by such person, or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

  Voyeurism

Chapter XVII: Offences affecting property

Theft

• Theft – Theft is committed when a person, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to effect the taking. The penalty for theft is imprisonment of up to three years, or a fine, or both. It is more common, however, for offenders to be charged with committing theft in a building, tent or vessel, which is used as a human dwelling, or for the custody of property. The penalty for this more serious offence is imprisonment of up to seven years, and also a fine.

  Extortion

• Extortion – Whoever intentionally puts any person in fear of any injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion". Whoever commits extortion shall be punished with imprisonment for not less than two years and not more than seven years, and caning.

  Robbery and gang-robbery

• Robbery – Robbery is a species of either theft or extortion. Theft is robbery if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint. Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. The penalty for robbery is imprisonment for not less than two years and not more than ten years, and caning of not less than six strokes; if the robbery is committed after 7:00 p.m. and before 7:00 a.m. the offender shall be punished with imprisonment of not less than three years and not more than 14 years, and also caning with not less than 12 strokes.
• Gang-robbery – Gang-robbery is committed when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to five or more. The penalty for gang-robbery is imprisonment for not less than five years and not more than 20 years, and also caning with not less than 12 strokes.

  Criminal breach of trust

• Criminal breach of trust – Criminal breach of trust is committed by a person who, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his or her own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he or she has made touching the discharge of such trust, or wilfully suffers any other person to do so. For instance, A, a warehouse-keeper, commits breach of trust if he dishonestly sells furniture belonging to Z who, intending to go on a journey, has entrusted the goods to A under a contract that it shall be returned on payment of a stipulated sum for warehouse room. The penalty is imprisonment for up to three years, or a fine, or both.

  Cheating

• Simple Cheating – Under the Singapore Penal Code, Chapter 224, section 417. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he or she would not do or omit if he or she were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". For example, A cheats if he intentionally deceives Z into a belief that A means to repay any money that Z may lend to him when A does not intend to repay it, and thereby dishonestly induces Z to lend him money. Cheating is punished with imprisonment of up to one year, or a fine, or both.
• Aggravated Cheating - is punishable under the Singapore Penal Code Chapter 224, Section 420 with imprisonment for a term of up to 7 years, and the offender is also liable to fine. Imprisonment is mandatory.

  Mischief

• Mischief – Mischief is committed by a person who, with intent to cause, or knowing that he or she is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously. For instance, A commits mischief if he voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. The penalty for mischief is imprisonment of up to three months, or a fine, or both.

  Criminal trespass

• Criminal trespass – Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass". The penalty is imprisonment of up to three months, or with a fine of up to S$500, or both.
• House-breaking – "House-trespass" is committed by a person who commits criminal trespass by entering into, or remaining in, any building, tent or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property. A person is said to commit "house-breaking" if he or she commits house-trespass by effecting his or her entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he or she quits the house or any part of it in any of such six ways:

  Chapter XX: Offences relating to marriage

• Marrying again during the lifetime of husband or wife – Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of up to seven years, and shall also be liable to a fine. If a person commits the offence having concealed from the person with whom the subsequent marriage is contracted the fact of the former marriage, he or she shall be punished with imprisonment of up to ten years, and shall also be liable to a fine.
• * Note: The Administration of Muslim Law Act, Part VI, allows polygamy for Muslim men.

  Chapter XXI: Defamation

• Defamation – A person criminally defames another person when he or she, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning the other person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person. An imputation harms a person's reputation if it directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his or her caste or calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. There are ten exceptions to the offence:
• *Imputation of any truth which the public good requires to be made or published – It is not defamation to impute anything which is true concerning any person, if it is for the public good that the imputation should be made or published.
• *Public conduct of public servants – It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any discharge of his or her public functions, or respecting his or her character, so far as his or her character appears in that conduct, and no further.
• *Conduct of any person touching any public question – It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his or her character, so far as his or her character appears in that conduct, and no further.
• *Publication of reports of proceedings of courts of justice, etc. – It is not defamation to publish a substantially true report of the proceedings of a court of justice, or of Parliament, or of the result of any such proceedings.
• *Merits of case decided in a court of justice; or conduct of witnesses and others concerned therein – It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a court of justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his or her character appears in that conduct, and no further.
• *Merits of a public performance – It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his or her character appears in such performance, and no further.
• *Censure passed in good faith by a person having lawful authority over another – It is not defamation in a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
• *Accusation preferred in good faith to a duly authorised person – It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of the accusation.
• *Imputation made in good faith by a person for the protection of his or her interests – It is not defamation to make an imputation on the character of another, provided that the imputation is made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
• *Caution intended for the good of the person to whom it is conveyed or for the public good – It is not defamation to convey a caution, in good faith, to one person against another, provided that the caution is intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

  Chapter XXII: Criminal intimidation, insult and annoyance

• Criminal intimidation – Whoever threatens another with any injury to his or her person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he or she is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. The penalty is imprisonment of up to two years, or with a fine, or with both. If the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or with imprisonment for a term which may extend to seven years or more, the punishment is imprisonment of up to ten years, or with a fine, or with both.

  Chapter XXIII: Attempts to commit offences

• Punishment for attempting to commit offences – Whoever attempts to commit an offence punishable by the Penal Code or by any other written law with imprisonment or fine or with a combination of such punishments, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by the Code or by such other written law, as the case may be, for the punishment of such attempt, be punished with such punishment as is provided for the offence. However, any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence.

  Charge in court

Reform

2007 Penal Code amendments

Expansion and modification of the scope of existing offences

• Offences committed via electronic medium – The scope of certain sections will be expanded to cover offences committed via an electronic medium, including , s. 298, and s. 505.
• Cheating – [|Section 415], which defines the offence of cheating, will be amended to make clear that the offence is committed whether or not deception was the sole or main inducement; it extends to cover damage or harm to any person instead of only to the person deceived; and any representation made through an agent will be treated as having been made by the person himself or herself.
• Unlawful assembly – [|Section 141] will be amended so that an unlawful assembly is an assembly of five or more people whose common object is to commit any offence, and not just an offence relating to public tranquillity.
• New offence of uttering words, etc., with deliberate intent to wound racial feelings – Section 298, which creates the offence of uttering words, etc., with deliberate intent to wound the religious feelings of any person, will be expanded to cover the wounding of racial feelings as well. This is to provide the Public Prosecutor with the option of charging offenders under the Penal Code instead of only the Sedition Act.
• Decriminalization of anal and oral sex in certain circumstances; bestiality – [|Section 377] will be repealed and re-enacted in a modified form, such that anal and oral sex, if done in private between a consulting heterosexual couple aged 16 years old and above, will no longer be criminal offences. The offence of bestiality, also currently covered by s. 377, will be expanded to cover the scenario where a person is compelled by another person to perform bestiality without his or her consent. The new s 377 will be replaced by omitting "unnatural sex" to be replaced by "Sex with a corpse" or dead bodies which will be outlawed.
• Incest – The offence of incest created by ss. 376A, 376B and 376C will be expanded to cover other sexual acts involving penetration, in addition to sexual intercourse; cover penetrative sexual acts between a grandmother and her grandson; and provide that a boy under 16 years cannot be prosecuted for incest as they are not mature enough to make an informed decision.
• Rape – The offence of rape will be amended to cover persons who have undergone sex reassignment surgery, and to define sexual intercourse to include acts involving a surgically constructed penis or vagina that is integrated into the body of a person.
• Enhanced penalties for outraging modesty of minor under 14 years – The penalties for outraging the modesty of a minor under 14 years under s. 354 will be enhanced.
• Increase in age restriction for selling, etc., obscene object to minor – The age restriction under s. 293, which makes it an offence for any person to sell, hire, distribute, exhibit or circulate any obscene object to any person under 20 years, will be increased to 21 years in line with the Restricted 21 classification for films.