Penal Code 1871

Penal Code 1871

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to consolidate the law relating to criminal offences.

[16 September 1872]

Chapter 1

PRELIMINARY

Short title

1.  This Act is the Penal Code 1871.

Punishment of offences committed within Singapore

2.  Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore.

Punishment of offences committed beyond, but which by law may be tried within Singapore

3.  Any person liable by law to be tried for an offence committed beyond the limits of Singapore, shall be dealt with according to the provisions of this Code for any act committed beyond Singapore, in the same manner as if such act had been committed within Singapore.

Jurisdiction over public servants for offences committed outside Singapore

4.  Every public servant who, being a citizen or a permanent resident of Singapore, when acting or purporting to act in the course of his employment, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under the law in force in Singapore, is deemed to have committed that act or omission in Singapore.

Offences against State and genocide committed outside Singapore by citizen or permanent resident

4A.  Every person who, being a citizen or permanent resident of Singapore, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under Chapter 6 (Offences against the State) or 6B (Genocide), is deemed to have committed that act or omission in Singapore.

[15/2019]

Punishment of specified offences with elements occurring in Singapore but others occurring outside Singapore

4B.—(1)  A specified offence is deemed to have been committed in Singapore where —

(a) a relevant act of the specified offence occurs in Singapore and any other relevant act of that specified offence occurs outside Singapore;

(b) a relevant act of the specified offence occurs partly in Singapore and partly outside Singapore, whether or not other relevant acts of that specified offence occur in Singapore; or

(c) the specified offence involved an intention to make a gain or cause a loss or exposure to a risk of loss or to cause harm to any person in body, mind, reputation or property, and that gain, loss or harm occurs in Singapore.

[15/2019]

(2)  In this section —

“relevant act”, in relation to a specified offence, means an act or omission (whether occurring wholly or partly in or outside Singapore) which is a physical element of the specified offence;

“specified offence” means an offence specified in the Schedule and includes an attempt to commit the offence, an abetment of the offence and a criminal conspiracy to commit the offence.

[15/2019]

(3)  The Minister may, by order in the Gazette, amend the Schedule.

[15/2019]

Certain laws not to be affected by this Code

5.  Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers or servicemen in the Singapore Armed Forces, or of any other law for the time being in force.

Chapter 2

GENERAL EXPLANATIONS

Definitions in this Code to be understood subject to exceptions

6.  Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapters entitled “General Exceptions” and “Right of Private Defence”, though those exceptions are not repeated in such definition, penal provision or illustration.

Illustrations

     (a)  The sections in this Code which contain definitions of offences, do not express, that a child below 10 years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child below 10 years of age”.

     (b)  A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

[15/2019]

Definitions to apply to this Code and other written law

6A.  Every definition of a word or expression which is explained in sections 22A to 26H (except the definitions of “dishonestly” and “fraudulently” in sections 24 and 25, respectively) applies to any offence in this Code or in any other written law unless that written law expressly provides for a definition or explanation of that same word or expression.

[15/2019]

Expression once explained is used in the same sense throughout this Code

7.  Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.

“Gender”

8.  The pronoun “he” and its derivatives are used of any person, whether male or female.

“Number”

9.  Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

“Man” and “woman”

10.  The word “man” denotes a male human being of any age; “woman” denotes a female human being of any age.

“Person”

11.  The word “person” includes any company or association or body of persons, whether incorporated or not.

“Public”

12.  The word “public” includes any class of the public or any community.

[There are no sections 13 to 16.]

“Government”

17.  The word “Government” includes any person lawfully performing executive functions of the Government under any law.

[There is no section 18.]

“Judge”

19.  The word “judge” denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

     (a)  A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.

     (b)  Officers holding an inquiry as to the loss of a ship under the Merchant Shipping Act 1995 are judges.

     (c)  A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a judge.

“Court of justice”

20.  The words “court of justice” denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.

“Public servant”

21.—(1)  The words “public servant” denote a person falling under any of the following descriptions:

(a) every officer in the Singapore Armed Forces;

(b) every judge;

(c) every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, or to conduct mediation or other alternative dispute resolution process under any written law, and every person specially authorised by a court of justice to perform any of such duties;

[Act 18 of 2023 wef 31/01/2024]

(d) every assessor assisting a court of justice or public servant;

(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority;

(f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(g) every officer of the Government and every officer or employee of a body corporate established by a public Act for the purposes of a public function whose duty, as such officer or employee, is any of the following:

(i) maintaining law and order;

(ii) preserving the public peace;

(iii) preventing and detecting offences;

(iv) apprehending offenders or otherwise bringing offenders to justice;

(v) executing summonses, subpoenas, orders to attend court, warrants, commitments and other legal processes issued by a court or Justice of the Peace;

[Act 25 of 2021 wef 01/04/2022]

(vi) maintaining order in the premises of the courts of justice;

(vii) escorting and guarding prisoners and accused persons in remand;

(viii) protecting the public health or safety or prevention of public inconvenience;

(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

(i) a member of the Public Service Commission, the Judicial Service Commission or the Legal Service Commission;

[Act 33 of 2021 wef 14/01/2022]

(j) every person (other than a person mentioned in paragraph (g)) who is employed to carry out any of the duties, mentioned in paragraph (g)(i) to (vii), on behalf of the Government or a body corporate established by a public Act for the purposes of a public function, when that person is performing such duties.

Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

[19/2016; 15/2019]

(2)  Despite subsection (1), the words “public servant” in sections 175, 178, 179, 180 and 228 does not include a judge as defined in the Administration of Justice (Protection) Act 2016.

[19/2016]

“Property”

22.  In this Code —

“immovable property” means land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

“movable property” includes property of every description, except immovable property;

“property” means money and all other property, movable or immovable, including things in action, other intangible or incorporeal property and virtual currency;

“virtual currency” means a digital representation of value in money or money’s worth that can be digitally traded and functions as a medium of exchange, a unit of account or store of value, regardless of whether it is legal tender in any country or territory including Singapore.

Illustration

     Writings, relating to real or personal property or rights, are movable property.

[15/2019]

“Fault element” and “physical element”

22A.—(1)  A fault element of an offence refers to any state of mind, proof of which is needed to establish liability under that offence, including but not limited to intention, wilfulness, knowledge, rashness and negligence.

[15/2019]

(2)  A physical element of an offence refers to any fact, proof of which is needed to establish liability under that offence, and that is not a fault element of that offence.

[15/2019]

“Wrongful gain” and “wrongful loss”

23.—(1)  A “wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled or avoidance by unlawful means of a loss of property to which the person avoiding it is not legally entitled to avoid.

[15/2019]

(2)  A “wrongful loss” is loss or exposure of risk to a loss by unlawful means of property to which the person losing it or exposed to the risk of losing it is legally entitled.

     Explanation 1.—A person is said to gain wrongfully when the person retains wrongfully, as well as when the person acquires wrongfully. A person is said to lose wrongfully when the person is wrongfully kept out of any property, as well as when the person is wrongfully deprived of property.

      Explanation 2.—The word “gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have.

     Explanation 3.—The word “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has.

[15/2019]

“Dishonestly”

24.  A person (A) is said to do an act dishonestly if —

(a) A does that act with the intention of causing wrongful gain to A or another person, or wrongful loss to another person, regardless of whether such gain or loss is temporary or permanent; or

(b) that act done by A is dishonest by the ordinary standards of reasonable and honest persons and A knows that that act is dishonest by such standards.

[15/2019]

“Fraudulently”

25.  A person (A) is said to do an act fraudulently if A does that act with intent to deceive another person (B) and by means of such deception, that an advantage should accrue to A or another person or detriment should befall B or another person (other than A), regardless of whether such advantage or detriment is temporary or permanent.

     Explanation 1.—Where the advantage or the detriment A intended by means of the act done is so slight that no reasonable person of ordinary sense or temper would complain of it, the act is not done fraudulently.

      Explanation 2.—It is sufficient in any charge for an offence under this Code involving doing an act fraudulently to allege a general intent to act fraudulently without naming any particular person intended to be deceived.

[15/2019]

“Reason to believe”

26.  A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing, but not otherwise.

“Voluntarily”

26A.  A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Illustration

     A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by this act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.

[15/2019]

“Good faith”

26B.  Nothing is said to be done or believed in good faith which is done or believed without due care and attention.

[15/2019]

“Intentionally”

26C.—(1)  A person is said to do an act intentionally where that person does an act deliberately.

[15/2019]

(2)  A person is said to cause an effect intentionally where that person does anything that causes an effect —

(a) with the purpose of causing that effect; or

(b) knowing that that effect would be virtually certain (barring an unforeseen intervention) to result.

[15/2019]

(3)  To avoid doubt, a person does not intend or foresee a result of his acts by reason only of it being a natural and probable consequence of those acts.

[15/2019]

(4)  To avoid doubt, nothing in this section prevents a court from relying on a person’s foresight that a certain effect was a probable consequence of his act as a basis to draw an inference that the person caused that effect intentionally.

     Explanation.—Intention is distinct from motive or desire, and a person may do an act or cause an effect intentionally even if doing so was not his motive or he had no desire to do so.

[15/2019]

“Knowingly”

26D.—(1)  Whoever does an act with awareness that a circumstance exists, will exist, or is virtually certain (barring an unforeseen intervention) to exist, is said to do that act knowingly in respect of that circumstance.

[15/2019]

(2)  Whoever does an act with awareness that an effect will be caused, or is virtually certain (barring an unforeseen intervention) to be caused, is said to do that act knowingly in respect of that effect.

[15/2019]

(3)  Where doing an act knowingly is a fault element of an offence, that fault element is also established where that act is done intentionally or with wilful blindness.

[15/2019; 2/2020]

“Rashly”

26E.—(1)  Whoever does any act knowing that there is a real risk that a particular circumstance exists or will exist is said to do that act rashly in respect of that particular circumstance, if it would have been unreasonable to have taken that risk.

[15/2019]

(2)  Whoever does any act knowing that there is a real risk that an effect will be caused is said to do that act rashly in respect of that effect, if it would have been unreasonable to have taken that risk.

[15/2019]

(3)  Where doing an act rashly is a fault element of an offence, that fault element is also established where that act is done intentionally or knowingly.

[15/2019]

“Negligently”

26F.—(1)  Whoever omits to do an act which a reasonable person would do, or does any act which a reasonable person would not do, is said to do so negligently.

[15/2019]

(2)  Where doing an act negligently is a fault element of an offence, that fault element is also established where that act is done intentionally, knowingly or rashly.

[15/2019]

“Transferred fault”

26G.—(1)  This section applies to any offence under this Code or any other written law where a fault element of the offence is intention or knowledge, except where section 301(1) applies to that offence.

[15/2019]

(2)  Where all the fault elements and physical elements of the offence have been proven in respect of an accused person, and assuming no defence or exception applies, the accused person shall be guilty of the offence despite the following circumstances:

(a) the physical elements of the offence included the doing of an act or the causing of an effect concerning a person or thing;

(b) at the time such act or effect was done or caused, the accused person believed or intended that the act or effect would concern a person or thing different from the person or thing mentioned in paragraph (a).

[15/2019]

(3)  Subsection (2) applies only where the accused person did or caused the physical elements in subsection (2)(a) negligently in respect of the person or thing mentioned in that subsection.

Illustrations

     (a)  A throws a stone at B intending to hurt B (but not intending, knowing or having reason to believe that anyone else would be hurt), but the stone hurts C. A commits an offence of voluntarily causing hurt in respect of C if A threw the stone negligently in respect of C.

     (b)  A throws a stone at a porcelain vase intending to cause loss to its owner, B (but not intending or knowing it likely that A would cause wrongful loss or damage in respect of any other property), but the stone damages a clay pot belonging to C. A commits mischief in respect of C if A threw the stone negligently in respect of C.

     (c)  A threatens injury to B’s person by shouting at B the words, “B, I will kill you”, with intent to cause alarm to B. C hears these words and is alarmed. A does not commit the offence of criminal intimidation against C as A did not threaten C with any injury.

[15/2019]

(4)  To avoid doubt, nothing in this section affects the requirement to prove all the fault elements of an offence in order for guilt to be established for that offence.

Illustrations

     (a)  A throws a stone at B intending to hurt B (but not intending or not knowing that A is likely to cause wrongful loss or damage in respect of any property), but the stone hits a porcelain vase. A does not commit mischief in respect of the vase. This is because A did not possess the fault element required to commit mischief.

     (b)  A throws a stone at B intending to hurt B (but not intending, knowing or having reason to believe that anyone else would be hurt), but the stone hurts P, a police officer in discharge of his duty. A commits an offence of voluntarily causing hurt against P. A does not commit an offence of voluntarily causing hurt to P in the discharge of P’s duty as a public servant because A did not possess the fault element required to commit this offence.

     (c)  A throws a stone at B intending to hurt B (but not intending or not knowing that A is likely to cause grievous hurt), but the stone causes grievous hurt to C. A commits an offence against C of voluntarily causing hurt where grievous hurt is caused under section 323A. A does not commit an offence of voluntarily causing grievous hurt against C because A did not possess the fault element required to commit this offence.

[15/2019]

(5)  Where the circumstances mentioned in subsection (2)(a) and (b) exist, the accused person may rely on any defence or exception in law as though the act or effect mentioned in subsection (2)(a) concerned the person or thing the accused person believed or intended that act or effect to concern.

Illustration

     A throws a stone at B in exercise of A’s right of private defence against B, but the stone hurts C. A may rely on the defence of private defence against B if A is charged for voluntarily causing hurt to C.

[15/2019]

“Strict liability”

26H.—(1)  An offence of strict liability under this Code or any written law is one where, for every physical element of the offence, there is no corresponding fault element.

[15/2019]

(2)  Strict liability is said to apply to a particular physical element of an offence where there is no corresponding fault element for that physical element, regardless of whether or not the offence is one of strict liability.

[15/2019]

(3)  To avoid doubt, an offence may be a strict liability offence even though it is not so expressly described by any written law; and strict liability may apply to a particular physical element of any offence even though it is not so expressly described in any written law.

[15/2019]

(4)  It is a defence for any person charged with a strict liability offence to prove that in committing all the acts or omissions that are physical elements of the offence, he exercised reasonable care.

[15/2019]

Property in possession of spouse, clerk or servant

27.  When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

     Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this section.

“Counterfeit”

28.  A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

     Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.

     Explanation 2.—Where a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

“Document”

29.  The word “document” includes, in addition to a document in writing —

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;

(d) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

(e) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(f) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them.

“Writing”

29A.  The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.

“Electronic record”

29B.  The expression “electronic record” has the same meaning as in the Electronic Transactions Act 2010.

“Valuable security”

30.—(1)  The words “valuable security” denote a document or an electronic record which is, or purports to be, a document or an electronic record whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

[15/2019]

(2)  Notwithstanding the generality of subsection (1), “valuable security” includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money’s worth or other financial rights attached.

Illustrations

     (a)  A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”.

     (b)  An electronic bill of lading in the form of an electronic record in a secure electronic trading system is a “valuable security”.

[15/2019]

“A will”

31.  The words “a will” denote any testamentary document.

“Die” and “instrument”

31A.  For the purposes of Chapters 12 and 18 —

“die” includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression;

“instrument” includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, soundtrack or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means.

Words referring to acts include illegal omissions

32.  In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

“Act” and “omission”

33.—(1)  The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission.

[15/2019]

(2)  To avoid doubt, where a person does a series of acts, one or more of which caused a certain effect, that person is regarded to have caused that effect by that series of acts even if it is not known which of the acts in that series caused that effect.

Illustration

     A gives Z small doses of poison in Z’s food at different times over the course of a few days, with intent to kill Z. Z dies from poisoning, although it is not known which of those doses (individually or collectively) caused Z’s death. A has caused Z’s death by poisoning.

[15/2019]

Each of several persons liable for an act done by all, in like manner as if done by him alone

34.  When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.

When such an act is criminal by reason of its being done with a criminal knowledge or intention

35.  Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

Effect caused partly by act and partly by omission

36.  Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Illustration

     A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

Cooperation by doing one of several acts constituting an offence

37.  When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Illustrations

     (a)  A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement, with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate.

     (b)  A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

     (c)  A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not cooperate with B, A is guilty only of an attempt to commit murder.

Several persons engaged in the commission of a criminal act may be guilty of different offences

38.  Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

Illustration

     A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.

39.  [Repealed by Act 15 of 2019]

“Offence”

40.—(1)  Except in the Chapters and sections mentioned in subsections (2) and (3), “offence” denotes a thing made punishable by this Code.

(2)  In Chapters 4, 4A, 5 and 5A, and in sections 4, 187, 194, 195, 203, 204B, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388 and 389, “offence” denotes a thing punishable under this Code or under any other written law for the time being in force.

[15/2019; 2/2020]

(3)  In sections 141, 176, 177, 201, 202, 212, 216 and 441, “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine.

Offence with specified term of imprisonment

41.  An offence described in this Code or in any written law for the time being in force as being punishable with imprisonment for a specified term or upwards includes an offence for which the specified term is the maximum term of imprisonment.

“Obscene”

42.  The word “obscene”, in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

“Illegal”, “unlawful” and “legally bound to do”

43.  The word “illegal” or “unlawful” is applicable to every thing which is an offence, or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be “legally bound to do” whatever it is illegal or unlawful in him to omit.

“Injury”

44.  The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

“Bodily injury”

44A.  The words “bodily injury” denote as well a series of bodily injuries as a single bodily injury.

[15/2019]

“Life”

45.  The word “life” denotes the life of a human being, unless the contrary appears from the context.

“Death”

46.  The word “death” denotes the death of a human being, unless the contrary appears from the context.

“Animal”

47.  The word “animal” denotes any living creature, other than a human being.

“Vessel”

48.  The word “vessel” denotes anything made for the conveyance by water of human beings, or of property.

“Year” and “month”

49.  Wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar.

“Section”

50.  The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.

“Oath”

51.  The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a court of justice or not.

52.  [Repealed by Act 15 of 2019]

Chapter 3

Punishments

Punishments

53.  The punishments to which offenders are liable under the provisions of this Code are —

(a) death;

(b) imprisonment;

(c) forfeiture of property;

(d) fine;

(e) caning.

     Explanation.—Caning shall be with a rattan.

Imprisonment for life

54.  “Imprisonment for life”, in relation to any prescribed punishment under this Code or any other written law, means imprisonment for the duration of a person’s natural life.

[There are no sections 55 and 56.]

57.  [Repealed by Act 51 of 2007]

[There are no sections 58 to 70.]

71.  [Repealed by Act 15 of 2010]

Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which

72.  In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided, if the same punishment is not provided for all.

Enhanced penalties for offences against domestic workers

73.—(1)  Where an employer of a domestic worker, a member of the employer’s household or an employment agent of a domestic worker is convicted of an offence under this Code (other than an excluded offence) that is committed against that domestic worker, the court may sentence the person convicted to twice the maximum punishment that the court could, but for this section, impose for that offence.

[15/2019]

(2)  This section does not apply where the offender (A) proves that, despite A being an employer of the domestic worker (B), a member of B’s employer’s household or an employment agent of B, the relationship between A and B did not adversely affect B’s ability to protect herself from A in respect of the harm caused by the offence.

[15/2019]

(3)  Despite anything to the contrary in the Criminal Procedure Code 2010 —

(a) a Magistrate’s Court has jurisdiction to try the offences in subsection (1), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under that subsection in respect of those offences; and

(b) a District Court has jurisdiction to try the offences in subsection (1) and has power to impose the full punishment provided under that subsection in respect of those offences.

[15/2019]

(4)  In this section —

“domestic worker” means any female house servant employed in, or in connection with, the domestic services of her employer’s private dwelling house and who is required to reside in her employer’s private dwelling house;

“dwelling house” means a place of residence and includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;

“employer”, in relation to a domestic worker, includes a person who has the same fundamental qualities as an employer of the domestic worker and whose orders the domestic worker has reasonable grounds for believing she is expected to obey;

“employment agency personnel” has the meaning given by section 2 of the Employment Agencies Act 1958;

“employment agent”, in relation to a domestic worker, means an employment agency personnel or a person who performs work similar to an employment agency personnel, and whose orders the domestic worker has reasonable grounds for believing she is expected to obey;

“excluded offence” means an offence —

(a) under section 304B, 304C or 335A; or

[Act 23 of 2021 wef 01/03/2022]

(b) under this Code which is punishable with death or imprisonment for life;

“member of the employer’s household”, in relation to a domestic worker, means a person residing in the private dwelling house of the domestic worker’s employer at the time the offence was committed, and whose orders the domestic worker has reasonable grounds for believing she is expected to obey.

[15/2019]

Enhanced penalties for racially or religiously aggravated offences

74.—(1)  Where a person is convicted of an offence specified in subsection (2) which is racially or religiously aggravated, the court may sentence the person to 2 times the amount of punishment to which he would otherwise have been liable for that offence.

[Act 31 of 2019 wef 01/11/2022]

(2)  The offence referred to in subsection (1) is as follows:

(a) an offence under this Code except sections 298 and 298A, and an offence which is punishable with death or imprisonment for life;

[Act 31 of 2019 wef 01/11/2022]

(b) an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, any offence under paragraph (a).

[15/2019]

(3)  Despite anything to the contrary in the Criminal Procedure Code 2010^† —

(a) a Magistrate’s Court —

(i) has jurisdiction to try any offence specified in subsection (2), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years; and

(ii) has power to impose the full punishment provided under subsection (1) in respect of the offence; and

(b) a District Court —

(i) has jurisdiction to try any offence specified in subsection (2); and

(ii) has power to impose the full punishment provided under subsection (1) in respect of the offence.

[Act 23 of 2021 wef 01/11/2022]

[†Updated to be consistent with the 2020 Revised Edition]

(4)  For the purposes of this section, an offence is racially or religiously aggravated if —

(a) at the time of committing the offence, or immediately before or after committing such offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

(5)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (4) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(6)  In this section —

“membership”, in relation to a racial or religious group, includes association with members of that group;

“presumed” means presumed by the offender.

Enhanced penalties for offences against vulnerable persons

74A.—(1)  This section applies where a person is convicted of an offence specified in subsection (3) (called in this section the offender) against a vulnerable person.

[27/2018; 15/2019]

[Act 23 of 2021 wef 01/03/2022]

[S 759/2022]

(2)  The court may sentence the offender to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence, if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a vulnerable person.

[27/2018; 15/2019]

(2A)  This section does not apply where the offender proves that despite being a vulnerable person the victim was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person.

[15/2019]

(3)  The offence to which this section applies is any offence under this Code which may be committed against a vulnerable person except an offence —

(a) under section 304B, 304C, 335A or 376F; or

(b) punishable with death or imprisonment for life.

[15/2019]

(4)  Despite anything to the contrary in the Criminal Procedure Code 2010 —

(a) a Magistrate’s Court has jurisdiction to try the offences specified in subsection (3), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b) a District Court has jurisdiction to try the offences specified in subsection (3) and has power to impose the full punishment provided under subsection (2) in respect of those offences.

[15/2019]

(5)  In this section —

“abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

“self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

“vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself from abuse, neglect or self-neglect.

[15/2019]

Enhanced penalties for offences against person below 14 years of age

74B.—(1)  Subsection (2) applies to any offence under this Code which may be committed against a person below 14 years of age except where —

(a) it is expressly provided that an enhanced or mandatory minimum sentence will apply to the offence when it is committed against a person below 14 years of age;

(b) the offence is under section 304B, 304C, 377BG, 377BH, 377BI, 377BJ or 377BK; or

(c) the offence is punishable with death or imprisonment for life.

[15/2019]

(2)  Where any person commits an offence under this Code against a person below 14 years of age, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a person below 14 years of age.

[15/2019]

(3)  This section does not apply where the offender proves that the victim despite being a person below 14 years of age, was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as a person of or above 14 years of age.

[15/2019]

(4)  Despite anything to the contrary in the Criminal Procedure Code 2010 —

(a) a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b) a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.

[15/2019]

Enhanced penalties for offences against victims in intimate relationships

74C.—(1)  Subsection (2) applies where an offender (A) is convicted of any offence under Chapter 16 (except an offence punishable with death or imprisonment for life) committed against a person (B) who was or is in an intimate relationship with A.

[15/2019]

(2)  When the offender (A) commits an offence against B, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence A knew or ought reasonably to have known that B was or is in an intimate relationship with A.

[15/2019]

(3)  This section does not apply where the offender (A) proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.

[15/2019]

(4)  Despite anything to the contrary in the Criminal Procedure Code 2010 —

(a) a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b) a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.

[15/2019]

(5)  For the purpose of this section, the court may determine whether the offender (A) was or is in an intimate relationship with the victim (B) having regard to all the circumstances of the case, including the following:

(a) whether A and B are living in the same household, although it is not necessary that they live in the same household;

(b) whether A and B share the tasks and duties of their daily lives;

(c) whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;

(d) whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;

(e) whether A and B share the care and support of a specific person below 21 years of age;

(f) whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.

[15/2019]

Enhanced penalties for offences against victims in close relationships

74D.—(1)  Subsection (2) applies where an offender (A) is convicted of any offence under Chapter 16 (except an offence punishable with death or imprisonment for life) committed against a person (B) who was or is in a close relationship with A.

[15/2019]

(2)  When the offender (A) commits an offence against B, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence A knew or ought reasonably to have known that B was or is in a close relationship with A.

[15/2019]

(3)  This section does not apply where the offender (A) proves that, despite A having been or being in a close relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.

[15/2019]

(4)  Despite anything to the contrary in the Criminal Procedure Code 2010 —

(a) a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b) a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.

[15/2019]

(5)  In this section, the offender (A) was or is in a close relationship with the victim (B) where —

(a) A is a member of the same household as B; and

(b) A and B had frequent contact with each other.

[15/2019]

(6)  For the purposes of subsection (5), A and B are to be treated as members of the same household if —

(a) they live in the same household; or

(b) they do not live in the same household, but A or B visits the household to which the other belongs so often and for such periods of time that it is reasonable to regard A and B as being members of the same household.

[15/2019]

Application of enhanced penalties

74E.—(1)  Where 2 or more of the sections from amongst sections 73 to 74D are applicable to enhance the punishment for an offence from that which the offender would otherwise have been liable for —

(a) the punishment for the same offence shall not be enhanced by the application of more than one of those sections; and

(b) the court may determine which section should apply to enhance the punishment.

[15/2019]

(2)  Where any punishment prescribed for an offence is —

(a) a specified minimum sentence or a mandatory minimum sentence of imprisonment or caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance such punishment; and

(b) a sentence of caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance the maximum number of strokes of the cane that may be imposed.

[15/2019]

75.  [Repealed by Act 15 of 2019]

Chapter 4

General Exceptions

Act done by person bound, or justified by law

76.  Nothing is an offence which is done by a person who is bound by law to do it or justified by law in doing it.

Illustrations

     (a)  A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

     (b)  A sees Z repeatedly stabbing Y with a knife on a public road. Y dies. A, in the exercise of the power which the law gives to all persons apprehending murderers in the act, forcefully seizes Z, in order to detain Z so that Z can be arrested by the police officers when they arrive. A has committed no offence.

[15/2019]

Act of judge when acting judicially

77.  Nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Act done pursuant to the judgment or order of a court of justice

78.  Nothing which is done in pursuance of, or which is warranted by, the judgment or order of a court of justice, if done while the judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass the judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction.

Act done by person by mistake of fact believing himself bound or justified by law

79.—(1)  Unless otherwise provided by written law, nothing is an offence which is done by any person who by reason of a mistake of fact or in ignorance of a fact in good faith believes himself to be bound by law to do it or justified by law in doing it.

[15/2019]

(2)  To avoid doubt, where a person alleges a mistake of fact or ignorance of a fact that may negate the fault element of the offence that the person is charged with, the prosecution must prove the fault element in order to establish liability under the offence.

     Explanation 1.—Where the physical and fault elements of an offence are proven, and the accused person proves the defence under subsection (1), the accused person is not guilty of that offence.

     Explanation 2.—Where an alleged mistake of fact or ignorance of a fact may negate the fault element of an offence, the accused person does not need to rely on the defence of mistake. The accused person may allege the mistake of fact or ignorance of the fact for the purpose of raising a reasonable doubt that the accused person had the requisite fault element as a result of labouring under the mistake of fact or ignorance of fact. The prosecution must prove the fault element in order to establish liability under the offence.

Illustrations

     (a)  A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

     (b)  A, a police officer, is deployed to perform the duty of screening passengers boarding a flight at the airport. A sees Z, a passenger queuing up to be screened, acting suspiciously. As A approaches Z, Z suddenly shouts aloud that he is carrying a bomb and warns A not to approach further. As A draws his revolver, Z suddenly starts to run away. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.

     (c)  A, a police officer, is deployed to perform patrol duty at an underground train station. A receives information from police headquarters that someone is attempting to plant a bomb in the public transport system. The profile of the suspect is also provided. While patrolling the underground train station, A sees Z, who fits the profile. Z is seen carrying a backpack and behaving suspiciously. A approaches Z and orders him to stop. Z suddenly starts running towards a crowd in the station. A, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that Z has a bomb and will set it off. A shoots Z and Z dies as a result. A has committed no offence, even though it may turn out that Z was not carrying a bomb.

     (d)  X, the commander of a naval vessel, is patrolling Singapore territorial waters. X receives information that someone may hijack a vessel in order to commit a terrorist act. X spots vessel A which is proceeding at high speed towards a cruise liner. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. Vessel A instead starts accelerating towards the cruise liner. X, after assessing the circumstances of the case, and to the best of his judgment exerted in good faith, believes that vessel A is going to ram into the cruise liner. X gives an order to fire at vessel A. The persons on board vessel A die as a result. X has committed no offence, even though it may turn out that vessel A was not hijacked nor were there any terrorist on board.

     (e)  A, an officer of a court, being ordered by that court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

     (f)  A sees a watch on Z’s desk, which is identical to one that A owns, and mistakenly believes the watch is actually his. A intentionally takes the watch out of Z’s possession without Z’s consent while labouring under such mistaken belief. A has not committed an offence of theft as A did not possess the requisite fault element of dishonesty when A took the watch out of Z’s possession. There is no need for A to rely on a defence under this section.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

Mistake of law or ignorance of law not defence

79A.—(1)  A person’s mistake of law or ignorance of the law is not a defence to a charge for an offence unless it is otherwise provided by written law.

[15/2019]

(2)  To avoid doubt, where a person alleges a mistake of law or ignorance of the law that may negate the fault element of the offence that the person is charged with, the prosecution must prove the fault element in order to establish liability under the offence.

[Act 23 of 2021 wef 01/03/2022]

Accident in the doing of a lawful act

80.—(1)  Nothing is an offence which 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.

[15/2019]

(2)  To avoid doubt, where —

(a) a person alleges any act 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; and

(b) the doing of the act allegedly by accident or misfortune may negate the fault element of the offence that the person is charged with,

the prosecution must prove the fault element in order to establish liability under the offence.

     Explanation.—A lawful act in this section is any act which is not an offence under this Code or any written law and which is not otherwise prohibited by law.

Illustrations

     (a)  A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

     (b)  A operates a construction crane and activates a control that causes a heavy load to fall onto B, killing B. A did not act negligently, but his activation of the control caused this result because the construction crane was malfunctioning. A has not committed an offence of causing death by doing a negligent act under section 304A as he did not possess the requisite fault element of negligence.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

Act likely to cause harm but done to prevent other harm

81.  Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done in good faith for the purpose of preventing or avoiding other harm to person or property.

     Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

     (a)  A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with 20 or 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course he must incur risk of running down a boat C, with only 2 passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C, and in good faith for the purposes of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C, by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

     (b)  A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention, in good faith, of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.

     (c)  X, the commander of a naval vessel, is deployed in response to a threat of a terrorist attack against a ferry terminal in Singapore. X receives information that vessel A, with a crew of 6, has been hijacked by terrorists and is approaching the ferry terminal at great speed and is likely to collide into the terminal. There is insufficient time to evacuate the persons at the terminal, which is estimated to be about 100. X orders vessel A to stop her manoeuvre immediately and fires a warning signal. However, vessel A continues her advance towards the terminal. Here, if X gives an order to fire at vessel A to disable it, without any intention to cause harm to the crew members of vessel A, and in good faith for the purpose of avoiding the danger to the persons at the terminal, he is not guilty of an offence. This is so even though he knows that he is likely to cause harm to the crew members of vessel A, if it be found as a matter of fact that the danger which X intends to avoid is such as to excuse him in incurring the risk of firing at vessel A.

[15/2019]

Act of a child below 10 years of age

82.  Nothing is an offence which is done by a child below 10 years of age.

[15/2019]

Act of a child of or above 10 and below 12 years of age, who has not sufficient maturity of understanding

83.  Nothing is an offence which is done by a child of or above 10 years and below 12, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.

[15/2019]

Act of person of unsound mind

84.—(1)  Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is —

(a) incapable of knowing the nature of the act;

(b) incapable of knowing that what he is doing is wrong; or

[Act 23 of 2021 wef 01/03/2022]

(c) completely deprived of any power to control his actions.

[Act 23 of 2021 wef 01/03/2022]

(2)  Subsection (1)(b) applies only if the person is incapable of knowing that his act —

(a) is wrong by the ordinary standards of reasonable and honest persons; and

(b) is wrong as contrary to law.

Illustration

     A, while labouring under a delusion, believes that he has received divine instructions to kill Z and that it is morally right for him to do so. A however knows that it is contrary to law to kill Z. A kills Z. Here, the defence of unsoundness of mind is not available to A as he is capable of knowing that it is contrary to law to kill Z.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

Intoxication when a defence

85.—(1)  Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.

(2)  Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged, at the time of the act or omission complained of —

(a) did not know what he was doing; or

(b) did not know that such act or omission was wrong,

[Act 23 of 2021 wef 01/03/2022]

and the state of intoxication was caused without the knowledge or against the will of the person charged with the offence.

[15/2019]

(2A)  Subsection (2)(b) only applies if the person charged, at the time of the act or omission complained of, did not know that the act or omission —

(a) was wrong by the ordinary standards of reasonable and honest persons; and

(b) was wrong as contrary to law.

[Act 23 of 2021 wef 01/03/2022]

(3)  Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged was of unsound mind as determined in accordance with section 84.

[15/2019]

Effect of defence of intoxication when established

86.—(1)  Where the defence under section 85 is established, then the accused person must be acquitted, except that if the person was of unsound mind by reason of intoxication, section 84 of this Code and sections 251 and 252 of the Criminal Procedure Code 2010 will apply.

[15/2019]

(2)  Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention or had any knowledge or belief, specific or otherwise, in the absence of which he would not be guilty of the offence.

[15/2019]

(3)  For the purposes of this section and section 85 “intoxication” shall be deemed to include a state produced by narcotics or drugs.

[15/2019]

Act not intended and not known to be likely to cause death or grievous hurt, done by consent

87.  Nothing, which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person above 18 years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Illustration

     A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.

Act not intended to cause death done by consent in good faith for the benefit of a person

88.  Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Illustration

     A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.

Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian

89.  Nothing, which is done in good faith for the benefit of a person below 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:

Provided that this exception shall not extend to —

(a) the intentional causing of death, or to the attempting to cause death;

(b) the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

(d) the abetment of any offence, to the committing of which offence it would not extend.

Illustration

     A, in good faith, for the benefit of his child, being below 12 years of age, without his child’s consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

Consent given under fear or misconception, by person of unsound mind, etc., and by child

90.  A consent is not such a consent as is intended by any section of this Code —

(a) if the consent is given by a person —

(i) under fear of injury or wrongful restraint to the person or to some other person; or

(ii) under a misconception of fact,

and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;

(b) if the consent is given by a person who, from unsoundness of mind, mental incapacity, intoxication, or the influence of any drug or other substance, is unable to understand the nature and consequence of that to which he gives his consent; or

(c) unless the contrary appears from the context, if the consent is given by a person who is below 12 years of age.

Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89

91.  The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration

     Causing miscarriage, unless it is authorised under the Termination of Pregnancy Act 1974 is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act.

Act done in good faith for the benefit of a person without consent

92.  Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

Provided that this exception shall not extend to —

(a) the intentional causing of death, or to the attempting to cause death;

(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

(d) the abetment of any offence, to the committing of which offence it would not extend.

Illustrations

     (a)  Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

     (b)  [Deleted by Act 51 of 2007]

     (c)  A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation is immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

     (d)  A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house‑top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

     Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.

Communication made in good faith

93.  No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Illustration

     A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

Act to which a person is compelled by threats

94.  Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person or any other person will otherwise be the consequence:

Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

     Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins gang-robbers knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law.

     Explanation 2.—A person seized by gang-robbers, and forced by threat of instant death to do a thing which is an offence by law — for example, a smith compelled to take his tools and to force the door of a house for the gang‑robbers to enter and plunder it — is entitled to the benefit of this exception.

Act causing slight harm

95.  Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Chapter 4A

Right of private defence

General

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Nothing done in private defence is an offence

96.  Nothing is an offence which is done in the exercise of the right of private defence.

Right of private defence of the body and of property

97.  Every person has a right, subject to the restrictions contained in sections 98 and 106A, to defend —

(a) his own body, and the body of any other person, against any offence affecting the human body;

(b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

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Extent to which right may be exercised

98.—(1)  The right of private defence does not extend to the inflicting of more harm than it is reasonably necessary in the circumstances.

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(2)  There is no right of private defence in cases in which there is reasonable opportunity to have recourse to the protection of a public authority in the circumstances.

Illustrations

     (a)  Z ambushes A in a secluded area and attempts to kill A. A kills Z while fending off Z’s attack. A is guilty of no offence because, in the circumstances, A had no reasonable opportunity to have recourse to the protection of a public authority.

     (b)  Z ambushes A in a secluded area and attempts to kill A. A’s right of private defence arises because, at that point of time, A had no reasonable opportunity to have recourse to the protection of a public authority. In the midst of the struggle between A and Z, a police patrol car arrives on the scene. A’s right of private defence ceases the moment A had reasonable opportunity to have recourse to the protection of the police.

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Right of private defence against act of person of unsound mind, etc.

99.  When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustrations

     (a)  Z, under the influence of madness, attempts to kill A. Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

     (b)  A enters, by night, a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

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Right of private defence against deadly assault when there is risk of harm to innocent person

100.  If, in the exercise of the right of private defence against an assault which causes the defender to reasonably believe that death would be caused to him or to any other person and the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Illustration

     A is attacked by a mob who attempt to murder him. A cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

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Right of private defence of body

Start and continuance of right of private defence of body

101.—(1)  The right of private defence of the body starts as soon as the defender reasonably believes that there is danger to the body (either his own or that of any other person) arising from any act which is an offence against the human body or an attempt or a threat to commit the offence, though the offence may not have been committed.

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(2)  The right of private defence continues as long as the belief of danger mentioned in subsection (1) continues.

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When right of private defence of body extends to causing death

102.  The right of private defence of the body extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the assailant, if the offence which gives rise to the exercise of the right is of any of the following descriptions:

(a) an assault where the defender reasonably believes that death will otherwise be the consequence of such assault;

(b) an assault where the defender reasonably believes that grievous hurt will otherwise be the consequence of such assault;

(c) an assault that the defender reasonably believes to be done with the intention of committing rape as described in section 375 or causing such rape to be committed;

(d) an assault that the defender reasonably believes to be done with the intention of causing penile penetration of the vagina, anus or mouth as described in section 376(2);

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(e) an assault that the defender reasonably believes to be done with the intention of kidnapping or abducting;

(f) an assault that the defender reasonably believes to be done with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to believe that he will be unable to have opportunity for recourse to a public authority for his release.

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When such right extends to causing any harm other than death

103.  If the offence is not of any of the descriptions mentioned in section 102, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the assailant of any harm other than death.

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Right of private defence of property

Commencement and continuance of right of private defence of property

104.—(1)  The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence.

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(2)  The right of private defence of property against theft continues till —

(a) the offender has effected his retreat with the property;

(b) the assistance of a public authority is obtained; or

(c) the property has been recovered.

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(3)  The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

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(4)  The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

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(5)  The right of private defence of property against house‑breaking continues as long as such house‑breaking continues.

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When right of private defence of property extends to causing death

105.—(1)  The right of private defence of property extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the wrongdoer when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any of the following descriptions:

(a) robbery;

(b) house-breaking committed after 7 p.m. and before 7 a.m. and if the wrongdoer —

(i) effects his entrance into the house or any part of it in any of the 6 ways described in subsection (2); or

(ii) being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, the wrongdoer leaves the house or any part of it in any of these 6 ways;

(c) mischief by fire committed on any building, tent, container or vessel, which building, tent, container or vessel is used as a human dwelling, or as a place for the custody of property;

(d) theft, mischief or house-breaking, under such circumstances where the defender reasonably believes that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

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(2)  For the purposes of subsection (1)(b), the 6 ways of entry or leaving by a wrongdoer are as follows:

(a) if the wrongdoer enters or leaves through a passage made by the wrongdoer, or by any abettor of the house-breaking in order to commit the house‑breaking;

(b) if the wrongdoer enters or leaves through any passage not intended by any person, other than the wrongdoer or an abettor of the offence, for human entrance, or through any passage to which the wrongdoer has obtained access by scaling or climbing over any wall or building;

(c) if the wrongdoer enters or leaves through any passage which the wrongdoer or any abettor of the house-breaking has opened, in order to commit the house‑breaking, by any means by which that passage was not intended by the occupier of the house to be opened;

(d) if the wrongdoer enters or leaves by opening any lock in order to commit the house-breaking, or in order to leave from the house after a house-breaking;

(e) if the wrongdoer effects his entry or leaving by using criminal force or committing an assault, or by threatening any person with assault;

(f) if the wrongdoer enters or leaves by any passage which he knows to have been fastened against such entry or leaving, and to have been unfastened by himself or by an abettor of the house-breaking.

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When such right extends to causing any harm other than death

106.  If the offence, the committing or the attempt to commit of which occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions mentioned in section 105, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the wrongdoer of any harm other than death.

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No right of private defence

Acts against which there is no right of private defence

106A.—(1)  There is no right of private defence against an act which does not cause the defender to reasonably believe that death or grievous hurt would result, if done, or attempted to be done, by a public servant acting in good faith under the actual or apparent authority of his office, though that act may not be strictly justifiable by law.

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(2)  There is no right of private defence against an act which does not cause the defender to reasonably believe that death or grievous hurt would result, if done, or attempted to be done, by the direction of a public servant acting in good faith under the actual or apparent authority of the public servant’s office, though that direction may not be strictly justifiable by law.

     Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant.

     Explanation 2.—A person (A) is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless A knows, or has reason to believe, that the person doing the act (B) is acting by such direction; or unless B states the authority under which B acts, or, if B has authority in writing, unless B produces such authority, if demanded.

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Chapter 5

Abetment

Abetment of the doing of a thing

107.—(1)  A person abets the doing of a thing who —

(a) instigates any person to do that thing;

(b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(c) intentionally aids, by any act or illegal omission, the doing of that thing.

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(2)  A person may abet the doing of a thing despite the existence of facts of which he is unaware which make the doing of the thing impossible.

     Explanation 1.—A person who, by intentional misrepresentation, or by intentional concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Illustration

     A, a public officer, is authorised by a warrant from a court of justice to apprehend Z. B, knowing that fact and also that C is not Z, intentionally represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

     Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

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Abettor

108.  A person abets an offence who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

     Explanation 1.—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act.

     Explanation 2.—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Illustrations

     (a)  A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

     (b)  A instigates B to murder D. B, in pursuance of the instigation, stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

     Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Illustrations

     (a)  A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act is committed or not, is guilty of abetting an offence.

     (b)  A, with the intention of murdering Z, instigates B, a child below 7 years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act, and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder, and he is therefore subject to the punishment of death.

     (c)  A instigates B to set fire to a dwelling house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence.

     (d)  A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

     Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Illustration

     A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence A is also liable to the same punishment.

     Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration

     A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section, and is liable to the punishment for murder.

Abetment in Singapore of an offence outside Singapore

108A.  A person abets an offence within the meaning of this Code who, in Singapore, abets the commission of any act without and beyond Singapore which would constitute an offence if committed in Singapore.

Illustration

     A, in Singapore, instigates B, a foreigner in Java, to commit murder in Java. A is guilty of abetting murder.

Abetment outside Singapore of an offence in Singapore

108B.  A person abets an offence within the meaning of this Code who abets an offence committed in Singapore notwithstanding that any or all of the acts constituting the abetment were done outside Singapore.

Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

109.  Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

     Explanation.—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

Illustrations

     (a)  A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.

     (b)  A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

     (c)  A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B, in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z, in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

Punishment of abetment if the person abetted does the act with a different intention from that of the abettor

110.  Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

Liability of abettor when one act is abetted and a different act is done

111.  When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it:

Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Illustrations

     (a)  A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner, and to the same extent, as if he had instigated the child to put the poison into the food of Y.

     (b)  A instigates B to burn Z’s house. B sets fire to the house, and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

     (c)  A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.

Abettor, when liable to cumulative punishment for act abetted and for act done

112.  If the act for which the abettor is liable under section 111 is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

Illustration

     A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily caused grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.

Liability of abettor for an offence caused by the act abetted different from that intended by the abettor

113.  When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner, and to the same extent, as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

Illustration

     A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.

Abettor present when offence committed

114.  Whenever any person who, if absent, would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

Abetment of offence punishable with death or imprisonment for life

115.  Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code or by any other written law for the punishment of such abetment, be punished with imprisonment for a term that may extend to 20 years, and shall also be liable to fine or to caning.

Illustration

     A instigates B to murder Z. The offence is not committed. If B had murdered Z, B would have been subject to the punishment of death. Therefore, A shall be punished with imprisonment for a term that may extend to 20 years, and shall also be liable to fine or to caning.

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Abetment of offence punishable with imprisonment

116.—(1)  Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code or any other written law for the punishment of such abetment, be punished in the same manner as if the abettor had committed the offence.

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(2)  Despite subsection (1), where the punishment prescribed for an offence mentioned in that subsection is fixed by law, or is a specified minimum sentence or a mandatory minimum sentence of imprisonment or fine or caning, the court sentencing the person who abetted the offence —

(a) shall not be bound to impose the fixed, specified minimum or mandatory minimum sentence; and

(b) may sentence the abettor to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence.

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(3)  To avoid doubt, nothing in subsection (2)(b) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (1) or otherwise provided by any written law for that offence.

Illustrations

     (a)  A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section for abetting the offence in section 161.

     (b)  A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

     (c)  A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to the maximum term of imprisonment provided for that offence.

     (d)  B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery is not committed, B is liable to the same punishment as if he had committed the offence of robbery.

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Abetting the commission of an offence by the public or by more than 10 persons

117.  Whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding 10, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Illustration

     A, an employee at a worksite, affixes a placard at the worksite where more than 10 persons are employed. A instigates the workers to damage property at the worksite if their demand for a pay rise is not met. A has committed an offence under this section.

Concealing a design to commit an offence punishable with death or imprisonment for life

118.  Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with death or imprisonment for life, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if that offence is committed, be punished with imprisonment for a term which may extend to 7 years, or, if the offence is not committed, with imprisonment for a term which may extend to 3 years: and, in either case, shall also be liable to fine.

Illustration

     A, knowing that a gang-robbery is about to be committed at B, falsely informs the police that a gang‑robbery is about to be committed at C, a place in an opposite direction, and thereby misleads the police with intent to facilitate the commission of the offence. The gang‑robbery is committed at B in pursuance of the design. A is punishable under this section.

A public servant concealing a design to commit an offence which it is his duty to prevent

119.  Whoever, being a public servant, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence, the commission of which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one‑half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 15 years, and also be liable to fine; or if the offence is not committed, shall be punished with imprisonment for a term which may extend to one‑fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence not committed is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 7 years, and also be liable to fine.

Illustration

     A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to this section.

Concealing a design to commit an offence punishable with imprisonment

120.  Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-fourth, and if the offence is not committed, to one-eighth of the longest term provided for that offence; or with such fine as is provided for the offence, or with both.

Chapter 5A

Criminal Conspiracy

Definition of criminal conspiracy

120A.—(1)  When a person agrees with another person to commit an offence or cause an offence to be committed, such an agreement is designated a criminal conspiracy.

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(2)  A person may be a party to a criminal conspiracy despite the existence of facts of which he is unaware which make the commission of the offence impossible.

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(3)  A person may be a party to a criminal conspiracy even though any other person who agrees to commit the offence that is the subject of the conspiracy or to cause that offence to be committed does not intend to carry out that agreement.

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(4)  A person may be a party to a criminal conspiracy in Singapore to commit an offence outside Singapore, which would constitute an offence if committed in Singapore.

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(5)  A person may be a party to a criminal conspiracy to commit an offence in Singapore even though all or any of the acts constituting the criminal conspiracy were done outside Singapore.

     Explanation.—It is immaterial whether the offence is the ultimate object of such agreement, or is merely incidental to that object.

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Punishment of criminal conspiracy

120B.  Whoever is a party to a criminal conspiracy shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted the offence that is the subject of the conspiracy.

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Chapter 6

Offences against the State

Waging or attempting to wage war or abetting the waging of war against the Government

121.  Whoever wages war against the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or with imprisonment for life.

Illustration

     A joins an insurrection against the Government. A has committed the offence defined in this section.

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Offences against the President’s person

121A.  Whoever plans the death of or hurt to or unlawful imprisonment or restraint of the President, shall be punished with imprisonment for life or for a term which may extend to 20 years and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

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Offences against authority

121B.  Whoever plans the unlawful deprivation or deposition of the President from the sovereignty of Singapore, or the overawing by criminal force of the Government, shall be punished with imprisonment for life or for a term which may extend to 20 years and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

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Abetting offences under section 121A or 121B

121C.  Whoever abets the commission of any of the offences punishable by section 121A or 121B shall be punished with the punishment provided for those offences.

Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform

121D.  Whoever knowing or having reason to believe that any offence punishable under section 121, 121A, 121B or 121C has been committed intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Collecting arms, etc., with the intention of waging war against the Government

122.  Whoever collects men, arms or ammunition or otherwise prepares to wage war, with the intention of either waging or being prepared to wage war against the Government, shall be punished with imprisonment for life or imprisonment for a term not exceeding 20 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

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Concealing with intent to facilitate a design to wage war

123.  Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine.

Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power

124.  Whoever, with the intention of inducing or compelling the President or a Member of Parliament or the Cabinet, to exercise or refrain from exercising in any manner any of the lawful powers of the President, or such Member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, the President or such Member, shall be punished with imprisonment for life or for a term which may extend to 20 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

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Waging war against any power in alliance or at peace with Singapore

125.  Whoever wages war against the government of any power in alliance or at peace with the Government, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, to which fine may be added, or with fine.

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Committing depredation on the territories of any power in alliance or at peace with Singapore

126.  Whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Government, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, and any property used, or intended to be used, in committing such depredation, or acquired by such depredation, shall be forfeited.

Receiving property taken by war or depredation mentioned in sections 125 and 126

127.  Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine, and the property so received shall be forfeited.

Public servant voluntarily allowing prisoner of State or war in his custody to escape

128.  Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 15 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

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Public servant negligently suffering prisoner of State or war in his custody to escape

129.  Whoever, being a public servant, and having the custody of any prisoner of State or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Aiding escape of, rescuing, or harbouring such prisoner

130.  Whoever knowingly aids or assists any prisoner of State or prisoner of war in escaping from lawful custody or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

     Explanation.—A prisoner of State or prisoner of war who is permitted to be at large on his parole within certain limits in Singapore, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

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“Harbour”

130A.  In this Chapter, “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension.

Chapter 6A

Piracy

Piracy by law of nations. Cf. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849)

130B.—(1)  A person commits piracy who does any act that, by the law of nations, is piracy.

(2)  Whoever commits piracy shall be punished with imprisonment for life and with caning with not less than 12 strokes, but if while committing or attempting to commit piracy he murders or attempts to murder another person or does any act that is likely to endanger the life of another person he shall be punished with death.

Piratical acts

130C.  Whoever, while in or out of Singapore —

(a) steals a Singapore ship;

(b) steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Singapore ship;

(c) does or attempts to do a mutinous act on a Singapore ship; or

(d) counsels or procures a person to do anything mentioned in paragraph (a), (b) or (c),

shall be punished with imprisonment for a term not exceeding 15 years and shall be liable to caning.

Chapter 6B

Genocide

Genocide

130D.  A person commits genocide who, with intent to destroy, in whole or in part, a national, an ethnical, a racial or a religious group, commits any of the following acts:

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) imposing measures intended to prevent births within the group; or

(e) forcibly transferring children of the group to another group.

Punishment for genocide

130E.  Whoever commits genocide shall —

(a) if the offence consists of the killing of any person, be punished with death; or

(b) in any other case, be punished with imprisonment for life or with imprisonment for a term which may extend to 20 years.

Chapter 7

Offences relating to the armed forces

Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty

131.  Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore or attempts to seduce any such officer or serviceman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

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Abetment of mutiny, if mutiny is committed in consequence thereof

132.  Whoever abets the committing of mutiny by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to death or imprisonment for life, also be liable to fine.

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Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office

133.  Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine.

Abetment of such assault, if the assault is committed

134.  Whoever abets an assault by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

Abetment of the desertion of an officer or a serviceman

135.  Whoever abets the desertion of any officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Harbouring a deserter

136.  Whoever knowing or having reason to believe that an officer or a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore has deserted, harbours such officer or serviceman with the intention of preventing the officer or serviceman from being apprehended, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

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Deserter concealed on board merchant vessel through negligence of master

137.  The master or person in charge of a merchant vessel, on board of which any deserter from the Singapore Armed Forces or any visiting forces lawfully present in Singapore is concealed, shall, though ignorant of such concealment, be punished with a fine not exceeding $1,500, if he might have known of such concealment, but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

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Abetment of act of insubordination by an officer or a serviceman

138.  Whoever abets what he knows to be an act of insubordination by an officer or any serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.

Saving

139.  Where provision is made in any law relating to the discipline of the Singapore Armed Forces for the punishment of an offence corresponding to an offence defined in this Chapter, no person who is subject to such provision shall be subject to punishment under this Code for the offence defined in this Chapter.

Wearing the dress of a serviceman

140.  Whoever, not being a serviceman in the Singapore Armed Forces or any visiting forces lawfully present in Singapore, wears any garb or carries any token resembling any garb or token used by such a serviceman, with the intention that it may be believed that he is such a serviceman, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both.

“Harbour”

140A.  In this Chapter, “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or the assisting a person in any way to evade apprehension.

Application of Chapter 7 to Singapore Police Force

140B.  The provisions of this Chapter relating to offences committed in relation to members of the Singapore Armed Forces or any visiting forces lawfully present in Singapore shall apply, with the necessary modifications, to similar acts committed in relation to members of the Singapore Police Force or any volunteer, auxiliary or special force attached to, or coming under the jurisdiction of, that Force.

Chapter 8

Offences relating to unlawful assembly

Unlawful assembly

141.  An assembly of 5 or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is —

(a) to overawe by criminal force, or show of criminal force, the Legislative or Executive Government, or any public servant in the exercise of the lawful power of such public servant;

(b) to resist the execution of any law, or of any legal process;

(c) to commit any offence;

(d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

(e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

     Explanation.— An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

Being a member of an unlawful assembly

142.  Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

Punishment

143.  Whoever is a member of an unlawful assembly, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

Joining an unlawful assembly armed with any deadly weapon

144.  Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments.

Illustration

     A wooden pole sharpened at the end is a thing which, used as a weapon of offence, is likely to cause death.

     This illustration is applicable to sections 148 and 158.

Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse

145.  Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Force used by one member in prosecution of common object

146.  Whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Punishment for rioting

147.  Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to caning.

Rioting, armed with a deadly weapon

148.  Whoever is guilty of rioting, being armed with a deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to caning.

Illustration

     The last section is subject to the same illustration as section 144.

Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object

149.  If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that offence.

Hiring, or conniving at hiring, of persons to join an unlawful assembly

150.  Whoever hires, or engages, or employs, or promotes or connives at the hiring, engagement, or employment of any person to join or become a member of any unlawful assembly shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly, in pursuance of such hiring, engagement, or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse

151.  Whoever knowingly joins or continues in any assembly of 5 or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

     Explanation.— If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.

151A.  [Repealed by Act 51 of 2007]

Assaulting or obstructing public servant when suppressing riot, etc.

152.  Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or an affray, or uses, or threatens or attempts to use, criminal force to such public servant, shall be punished with imprisonment for a term which may extend to 8 years, or with fine, or with both.

Intentionally or rashly giving provocation, with intent to cause riot

153.  Whoever intentionally or rashly, by doing anything which is illegal, gives provocation to any person, intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting is committed in consequence of such provocation, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the offence of rioting is not committed, with imprisonment for a term which may extend to one year, or with fine, or with both.

[Act 23 of 2021 wef 01/03/2022]

Owner or occupier of land on which an unlawful assembly is held

154.  Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding $5,000, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police station, and do not, in the case of his or their having reason to believe that it is about to be committed, use all lawful means in his or their power to prevent it, and in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.

Liability of person for whose benefit a riot is committed

155.  Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.

Liability of agent of owner or occupier for whose benefit a riot is committed

156.  Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing and dispersing the same.

Harbouring persons hired for an unlawful assembly

157.  Whoever harbours, receives or assembles in any house or premises in his occupation or charge, or under his control, any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, with the intention of permitting or facilitating them to join or become members of an unlawful assembly, or of screening them or any of them from punishment, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

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Being hired to take part in an unlawful assembly or riot

158.  Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon, or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

Illustration

     The last section is subject to the same illustration as section 144.

159.  [Repealed by Act 51 of 2007]

160.  [Repealed by Act 51 of 2007]