The Penal Code 1871 sets out general principles of the

criminal law of Singapore Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature and historically derives largely from the Indian penal code. The general principles of criminal law, as well as the ele ...

, as well as the elements and penalties of general criminal offences such as

assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

criminal intimidation Intimidation is to "make timid or make fearful"; or to induce fear. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victi ...

mischief Mischief or malicious mischief is the name for a criminal offenses that is defined differently in different legal jurisdictions. While the wrongful acts will often involve what is popularly described as vandalism, there can be a legal differenti ...

grievous hurt Section 320 in India defines grievous hurt. The punishment is enhanced when the hurt is grievous. The text The following kinds of hurt only are designated as "Grievous": ;First Emasculation ;Second Permanent privation of the sight of either ey ...

theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...

extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...

sex crimes Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are ...

and

cheating Cheating generally describes various actions designed to subvert rules in order to obtain unfair advantages. This includes acts of bribery, cronyism and nepotism in any situation where individuals are given preference using inappropriate cr ...

. The Penal Code does not define and list exhaustively all the

criminal offence In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...

s applicable in

Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...

– a large number of these are created by other statutes such as the

Arms Offences Act The Arms Offences Act 1973 is a statute of the Parliament of Singapore that criminalizes the illegal possession of arms and ammunition and the carrying, trafficking, and usage of arms. The law is designed specifically to make acts of ownership ...

, Kidnapping Act, Misuse of Drugs Act and

Vandalism Act The Vandalism Act 1966 is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the proper ...

History

For most of the 19th century the criminal law which applied in the

Straits Settlements The Straits Settlements were a group of British territories located in Southeast Asia. Headquartered in Singapore for more than a century, it was originally established in 1826 as part of the territories controlled by the British East India Comp ...

(comprising Prince of Wales' Island (

Penang Penang ( ms, Pulau Pinang, is a Malaysian state located on the northwest coast of Peninsular Malaysia, by the Malacca Strait. It has two parts: Penang Island, where the capital city, George Town, is located, and Seberang Perai on the Malay ...

and

Malacca Malacca ( ms, Melaka) is a state in Malaysia located in the southern region of the Malay Peninsula, next to the Strait of Malacca. Its capital is Malacca City, dubbed the Historic City, which has been listed as a UNESCO World Heritage Site si ...

) was that of the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

, insofar as local circumstances permitted. There was little doubt that at the time English common law crimes were recognized in these territories. However, due to problems such as doubts as to the applicability of Indian Acts, in 1871 the Straits Settlements Penal Code 1871 was enacted. It came into operation on 16 September 1872. The Code was practically a re-enactment of the

Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in ...

. Over the years, the Penal Code has been amended several times. In 1973, punishments for certain offences were enhanced, and by the Penal Code (Amendment) Act 1984, which came into effect on 31 August 1984, mandatory minimum penalties were introduced for certain offences.

Selected provisions

The Penal Code has over 500 sections, and is divided into following 24 chapters. The Penal Code defines the elements of each offence and prescribes the maximum, and occasionally also the minimum, penalties for it. The basic form of an offence (commonly referred to as the 'simple offence' or, using Latin terminology, as the 'offence ''simpliciter) has the lowest penalties. More serious forms of the offence are defined as separate offences and attract stiffer penalties. For instance, theft is defined in section 378 of the Code, and section 379 makes simple theft (or theft ''simpliciter'') an offence punishable with imprisonment of up to three years or with fine or both. Section 379A punishes the theft of a motor vehicle or any component part of a motor vehicle with imprisonment of not less than one year and not more than seven years and a fine. Sections 380 and 381 respectively make it offences to commit theft in any building, tent or vessel which is used as a human dwelling or for the custody of property; and, while being a clerk or servant, or being employed in the capacity of a clerk or servant, to commit theft of any property in the possession of one's master or employer. In both cases the penalty is imprisonment of up to seven years and a fine. The most serious theft offence is that of committing theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit the theft, or in order to effect an escape after committing the theft, or in order to retain property taken by the theft. The maximum penalty is imprisonment for up to ten years and caning with not less than three strokes. Some salient aspects of the Penal Code and commonly-encountered criminal offences are described in the sub-sections below.

Charge in court

The

Attorney-General of Singapore The attorney-general of Singapore is the public prosecutor of Singapore, and legal adviser to the Government of Singapore. The functions of the attorney-general are carried out with the assistance of the deputy attorney-general and the solici ...

's role as the Public Prosecutor is done by the AGC's Crime Division. Prosecutorial discretion grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. In criminal law, it is the role of the prosecution to must prove the case in court against the accused

beyond reasonable doubt Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, bec ...

. In general, an accused offender is usually first charged with an appropriate offence that can be established on the facts of the case. Upon engaging a lawyer (defence counsel), the

defence counsel In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a s ...

will make written representations

without prejudice Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, "prejudice" differs from the more common use of the word and so the term has specific technical meanings. ...

legally to the prosecuting authority, the Prosecution may then review, exercise his prosecutorial discretion, and consent to amend the charge with lesser relevant offence, a process known as

plea bargaining A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defend ...

. This is where the defence counsels will engage

with the

Public Prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

in negotiations for reduction of charges, or mitigation in plea to seek leniency from the Court.

Reform

2007 Penal Code amendments

In 2006, the

Ministry of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...

(MHA), in consultation with the

Attorney-General's Chambers In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, Ministry of Law and other agencies, conducted an extensive review of the Penal Code in order to bring it "up to date, and make it more effective in maintaining a safe and secure society in today's context". Between 9 November and 9 December 2006, the MHA held a public consultation on proposed changes to the Code. Among the proposed amendments are the ones set out below.

Expansion and modification of the scope of existing offences

*Offences committed via electronic medium – The scope of certain sections will be expanded to cover offences committed via an electronic medium, including s. 292 (sale of obscene books. ''etc.''), s. 298 (uttering words, ''etc.'', with deliberate intent to wound the religious feelings of any person), s. 499 (defamation) and s. 505 (statements conducing to public mischief). *Cheating – Section 415, which defines the offence of cheating, will be amended to make clear that (a) the offence is committed whether or not deception was the sole or main inducement; (b) it extends to cover damage or harm to any person instead of only to the person deceived; and (c) any representation made through an agent will be treated as having been made by the person himself or herself. *Unlawful assembly – Section 141 will be amended so that an unlawful assembly is an assembly of five or more people whose common object is to commit any offence, and not just an offence relating to public tranquillity. *New offence of uttering words, ''etc.'', with deliberate intent to wound racial feelings – Section 298, which creates the offence of uttering words, ''etc.'', with deliberate intent to wound the religious feelings of any person, will be expanded to cover the wounding of racial feelings as well. This is to provide the

with the option of charging offenders under the Penal Code instead of only the Sedition Act. *Decriminalization of anal and oral sex in certain circumstances; bestiality –

Section 377 Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. The penal code remains in many former col ...

(carnal intercourse against the order of nature) will be repealed and re-enacted in a modified form, such that anal and oral sex, if done in private between a consulting heterosexual couple aged 16 years old and above, will no longer be criminal offences. The offence of bestiality, also currently covered by s. 377, will be expanded to cover the scenario where a person is compelled by another person to perform bestiality without his or her consent. The new s 377 will be replaced by omitting "unnatural sex" to be replaced by "Sex with a corpse" or dead bodies which will be outlawed. *Incest – The offence of incest created by ss. 376A, 376B and 376C will be expanded to (a) cover other sexual acts involving penetration, in addition to sexual intercourse; (b) cover penetrative sexual acts between a grandmother and her grandson; and (c) provide that a boy under 16 years cannot be prosecuted for incest (as currently provided for females under 16 years) as they are not mature enough to make an informed decision. *Rape – The offence of rape ( s. 375) will be amended to cover persons who have undergone

sex reassignment surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...

, and to define sexual intercourse to include acts involving a surgically constructed penis or vagina that is integrated into the body of a person. *Enhanced penalties for outraging modesty of minor under 14 years – The penalties for outraging the modesty of a minor under 14 years under s. 354 will be enhanced. *Increase in age restriction for selling, ''etc.'', obscene object to minor – The age restriction under s. 293, which makes it an offence for any person to sell, hire, distribute, exhibit or circulate any obscene object to any person under 20 years, will be increased to 21 years in line with the Restricted 21 (R21) classification for films.''Ibid.''

History

Selected provisions

Charge in court

Reform

2007 Penal Code amendments

Expansion and modification of the scope of existing offences

See also

Notes

Further reading