OFFENCES AFFECTING
THE HUMAN BODY |
299. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) [Deleted by Act 51 of 2007]| Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. |
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| Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. |
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| Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. [Indian PC 1860, s. 299] |
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300. Except in the cases hereinafter excepted culpable homicide is murder —| (a) | if the act by which the death is caused is done with the intention of causing death; | | (b) | if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; | | (c) | if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or | | (d) | if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid. (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a knife-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death. (d) A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. [51/2007] | When culpable homicide is not murder |
| Exception 1.—Culpable homicide is not murder if the offender whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident. |
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| Exception.—The above exception is subject to the following provisos: (a) that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person; (b) that the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; (c) that the provocation is not given by anything done in the lawful exercise of the right of private defence. |
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Explanation—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder but merely culpable homicide. (c) A is lawfully arrested by Z, a police officer. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. [51/2007] |
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Exception 2.—Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law, and causes the death of the person against whom he is exercising such right of defence, without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.| [Deleted by Act 51 of 2007] |
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| Exception 3.—Culpable homicide is not murder if the offender, being a public servant, or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant, and without ill-will towards the person whose death is caused. |
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| Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and without the offender having taken undue advantage or acted in a cruel or unusual manner. |
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| Explanation—It is immaterial in such cases which party offers the provocation or commits the first assault. |
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Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above the age of 18 years, suffers death or takes the risk of death with his own consent.| A, by instigation, voluntarily causes Z, a person under 18 years of age, to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death. A has therefore abetted murder. |
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| Exception 6.—Culpable homicide is not murder if the offender being a woman voluntarily causes the death of her child being a child under the age of 12 months, and at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child. |
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| Exception 7.—Culpable homicide is not murder if the offender was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in causing the death or being a party to causing the death. [Indian PC 1860, s. 300] |
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| Culpable homicide by causing the death of a person other than the person whose death was intended |
| 301. If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. [Indian PC 1860, s. 301] |
| 302. Whoever commits murder shall be punished with death. [Indian PC 1860, s. 302] |
| Punishment for culpable homicide not amounting to murder |
13304. Whoever commits culpable homicide not amounting to murder shall be punished —| (a) | with imprisonment for life, or imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning, if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or | | (b) | with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or with any combination of such punishments, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. [62/73; 51/2007] |
[Indian PC 1860, s. 304] |
| 13 There is no section 303. |
| Causing death by rash or negligent act |
304A. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to 5 years, or with fine, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine, or with both. [51/2007] |
[Indian PC 1860, s. 304A] |
| Abetment of suicide of child or insane person |
| 305. If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine. [Indian PC 1860, s. 305] |
| 306. If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [Indian PC 1860, s. 306] |
| 307.—(1) Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to imprisonment for a term which may extend to 20 years, and shall also be liable to caning or fine or both. [62/73; 51/2007] (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. (b) A, with intention of causing the death of a child of tender years, throws the child into a river. A has committed the offence defined by this section, although the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section; and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of this section. (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section. [51/2007] |
| Other offences by convicts |
| (2) When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death. [Indian PC 1860, s. 307] |
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| Attempt to commit culpable homicide |
| 308. Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both; and if hurt is caused to any person by such act, the offender shall be punished with imprisonment for a term which may extend to 15 years, or with fine, or with caning, or with any combination of such punishments. [51/2007] | A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. |
[Indian PC 1860, s. 308] |
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| Attempt to commit suicide |
| 309. Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. [Indian PC 1860, s. 309] |
| 310. When any woman by any wilful act or omission causes the death of her child being a child under the age of 12 months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of the offence of infanticide. |
| Punishment for infanticide |
| 311. Whoever commits the offence of infanticide shall be punished at the discretion of the court with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. |
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Causing miscarriage; injuries to
unborn children; exposure of infants; and concealment of births |
| 312. Subject to the provisions of the Termination of Pregnancy Act (Cap. 324), whoever voluntarily causes a woman with child to miscarry, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. [32/80] | Explanation—A woman who causes herself to miscarry is within the meaning of this section. [Indian PC 1860, s. 312] |
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| Causing miscarriage without woman’s consent |
| 313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [Indian PC 1860, s. 313] |
| Death caused by act done with intent to cause miscarriage |
| 314. Subject to the provisions of the Termination of Pregnancy Act (Cap. 324), whoever with intent to cause the miscarriage of a woman with child does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above-mentioned. [32/80] | Explanation—It is not essential to this offence that the offender should know that the act is likely to cause death. [Indian PC 1860, s. 314] |
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| Child destruction before, at or immediately after birth |
| 315.—(1) Subject to the provisions of the Termination of Pregnancy Act, whoever, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother or by such act causes the child to die after its birth, shall, unless such act is immediately necessary to save the life of the mother, be punished with imprisonment for a term not exceeding 10 years, or with fine, or with both. [32/80; 51/2007] | (2) For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of 28 weeks or more shall be prima facie evidence that she was at that time pregnant of a child capable of being born alive. [Indian PC 1860, s. 315] |
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| Causing death of a quick unborn child by an act amounting to culpable homicide |
316. Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.| A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. |
[Indian PC 1860, s. 316] |
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| Exposure and abandonment of a child under 12 years by parent or person having care of it |
317. Whoever, being the father or mother of a child under the age of 12 years, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.| Explanation—This section is not intended to prevent the trial of the offender for murder or culpable homicide as the case may be, if the child dies in consequence of the exposure. [Indian PC 1860, s. 317] |
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| Concealment of birth by secret disposal of dead body |
| 318. Whoever by secretly burying or otherwise disposing of the dead body of a child, whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [Indian PC 1860, s. 318] |
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319. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.| Explanation—A person is said to cause hurt if he causes another person to be unconscious. [51/2007] [Indian PC 1860, s. 319] |
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320. The following kinds of hurt only are designated as “grievous”:| (a) | emasculation; | | (aa) | death; | | (b) | permanent privation of the sight of either eye; | | (c) | permanent privation of the hearing of either ear; | | (d) | privation of any member or joint; | | (e) | destruction or permanent impairing of the powers of any member or joint; | | (f) | permanent disfiguration of the head or face; | | (g) | fracture or dislocation of a bone; | | (h) | any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits; | | (i) | penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain. [51/2007] |
[Indian PC 1860, s. 320] |
| 321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”. [Indian PC 1860, s. 321] |
| Voluntarily causing grievous hurt |
322. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.Explanation—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if, intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.| A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face but which causes Z to suffer severe bodily pain for the space of 20 days. A has voluntarily caused grievous hurt. |
[Indian PC 1860, s. 322] |
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| Punishment for voluntarily causing hurt |
| 323. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both. [51/2007] [Indian PC 1860, s. 323] |
| Voluntarily causing hurt by dangerous weapons or means |
| 324. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments. [62/73; 51/2007] [Indian PC 1860, s. 324] |
| Punishment for voluntarily causing grievous hurt |
| 325. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [62/73; 51/2007] [Indian PC 1860, s. 325] |
| Voluntarily causing grievous hurt by dangerous weapons or means |
| 326. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning. [51/2007] [Indian PC 1860, s. 326] |
| Voluntarily causing hurt to extort property or to constrain to an illegal act |
| 327. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [Indian PC 1860, s. 327] |
| Causing hurt by means of poison, etc., with intent to commit an offence |
| 328. Whoever administers to, or causes to be taken by, any person any poison or any stupefying, intoxicating or unwholesome drug or other thing, with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [51/2007] [Indian PC 1860, s. 328] |
| Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act |
| 329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [Indian PC 1860, s. 329] |
| Voluntarily causing hurt to extort confession or to compel restoration of property |
| 330. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning. [51/2007] (a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a customs officer, tortures Z in order to compel him to confess to a pretended offence against the customs laws. A is guilty of an offence under this section.[Indian PC 1860, s. 330] |
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| Voluntarily causing grievous hurt to extort confession or to compel restoration of property |
| 331. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [62/73] [Indian PC 1860, s. 331] |
| Voluntarily causing hurt to deter public servant from his duty |
| 332. Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments. [62/73; 51/2007] [Indian PC 1860, s. 332] |
| Voluntarily causing grievous hurt to deter public servant from his duty |
| 333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning. [62/73; 51/2007] [Indian PC 1860, s. 333] |
| Voluntarily causing hurt on provocation |
| 334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both. [51/2007] [Indian PC 1860, s. 334] |
| Causing grievous hurt on provocation |
| 335. Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 years, or with fine which may extend to $10,000, or with both. [51/2007] | Explanation—Sections 334 and 335 are subject to the same provisos as exception 1 of section 300. [Indian PC 1860, s. 335] |
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| Punishment for act which endangers life or the personal safety of others |
336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both. [51/2007] |
[Indian PC 1860, s. 336] |
| Causing hurt by an act which endangers life or the personal safety of others |
337. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both. [51/2007] |
[Indian PC 1860, s. 337] |
| Causing grievous hurt by an act which endangers life or the personal safety of others |
338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both. [51/2007] |
[Indian PC 1860, s. 338] |
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| Wrongful restraint and wrongful confinement |
339. Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.| A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. |
[Indian PC 1860, s. 339] |
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340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person. (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.[Indian PC 1860, s. 340] |
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| Punishment for wrongful restraint |
| 341. Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both. [51/2007] [Indian PC 1860, s. 341] |
| Punishment for wrongful confinement |
| 342. Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both. [51/2007] [Indian PC 1860, s. 342] |
| Wrongful confinement for 3 or more days |
| 343. Whoever wrongfully confines any person for 3 days or more, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [Indian PC 1860, s. 343] |
| Wrongful confinement for 10 or more days |
| 344. Whoever wrongfully confines any person for 10 days or more, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. [Indian PC 1860, s. 344] |
| Wrongful confinement of person for whose liberation a writ has been issued |
| 345. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any term of imprisonment to which he may be liable under any other section of this Code. [Indian PC 1860, s. 345] |
| Wrongful confinement in secret |
| 346. Whoever wrongfully confines any person in such a manner as to indicate an intention that the confinement of that person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any other punishment to which he may be liable for such wrongful confinement. [Indian PC 1860, s. 346] |
| Wrongful confinement for the purpose of extorting property or constraining to an illegal act |
| 347. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. [Indian PC 1860, s. 347] |
| Wrongful confinement for the purpose of extorting confession or of compelling restoration of property |
| 348. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. [Indian PC 1860, s. 348] |
|
| Criminal force and assault |
349. A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling:| Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following 3 ways: |
| (a) | by his own bodily power; | | (b) | by disposing any substance in such a manner that the motion, or change or cessation of motion, takes place without any further act on his part, or on the part of any other person; | | (c) | by inducing any animal to move, to change its motion, or to cease to move. [Indian PC 1860, s. 349] |
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350. Whoever intentionally uses force to any person, without that person’s consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause, or knowing it to be likely that by the use of such force he will illegally cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to cause the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding a horse. A lashes Z’s horse, and thereby causes it to quicken its pace. Here A has caused change of motion to Z by inducing the horse to change its motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding a horse. A, intending to cause hurt to Z, seizes the horse and stops it. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally without Z’s consent, in order to cause the commission of an offence, A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes, or something carried by Z. Here if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he has done so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force to Z. (h) A incites a dog to spring upon Z without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z. (i) [Deleted by Act 51 of 2007] [51/2007] [Indian PC 1860, s. 350] |
|
351. Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.Explanation—Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault. (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault.[Indian PC 1860, s. 351] |
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| Punishment for using criminal force otherwise than on grave and sudden provocation |
| 352. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both. [51/2007] Explanation—Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or| if the provocation is given by anything done in obedience to the law or by a public servant in the lawful exercise of the powers of such public servant; or |
| if the provocation is given by anything done in the lawful exercise of the right of private defence. |
|
|
| Explanation—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. [Indian PC 1860, s. 352] |
|
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| Using criminal force to deter a public servant from discharge of his duty |
| 353. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both. [51/2007] [Indian PC 1860, s. 353] |
| Assault or use of criminal force to a person with intent to outrage modesty |
| 354.—(1) Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments. [51/2007] | (2) Whoever commits an offence under subsection (1) against any person under 14 years of age shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments. [51/2007] [Indian PC 1860, s. 354] |
|
| Outraging modesty in certain circumstances |
| 354A.—(1) Whoever, in order to commit or to facilitate the commission of an offence against any person under section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning. [23/84] (2) Whoever commits an offence under subsection (1) —| (a) | in a lift in any building; or | | (b) | against any person under 14 years of age, |
| shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and with caning. |
|
|
| Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation |
| 355. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [Indian PC 1860, s. 355] |
| Assault or criminal force in committing or attempting to commit theft of property carried by a person |
| 356. Whoever assaults or uses criminal force on any person, in committing or attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term of not less than one year and not more than 7 years, and shall also be liable to caning. [23/84] [Indian PC 1860, s. 356] |
| Assault or criminal force in attempting wrongfully to confine a person |
| 357. Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both. [51/2007] [Indian PC 1860, s. 357] |
| Assaulting or using criminal force on grave and sudden provocation |
| 358. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both. [51/2007] | Explanation—This section is subject to the same explanation as section 352. [Indian PC 1860, s. 358] |
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| Kidnapping, abduction, slavery and forced labour |
| 359. Kidnapping is of two kinds: kidnapping from Singapore, and kidnapping from lawful guardianship. [Indian PC 1860, s. 359] |
| Kidnapping from Singapore |
| 360. Whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Singapore. [Indian PC 1860, s. 360] |
| Kidnapping from lawful guardianship |
361. Whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.| Explanation—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person. |
|
| Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. [Indian PC 1860, s. 361] |
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| 362. Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person. [Indian PC 1860, s. 362] |
| Punishment for kidnapping |
| 363. Whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [Indian PC 1860, s. 363] |
| 363A. Whoever abducts any person shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments. [51/2007] |
| Kidnapping or abducting in order to murder |
364. Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning. (a) A kidnaps Z from Singapore, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.[Indian PC 1860, s. 364] |
|
| Kidnapping or abducting in order to compel the Government, etc. |
364A. Whoever —| (a) | kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction; and | | (b) | threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes death or hurt to such person, |
| (i) | the Government to do or abstain from doing any act, shall be punished with death or imprisonment for life, and shall, if he is not sentenced to death, also be liable to fine or to caning; or | | (ii) | any other person to do or abstain from doing any act shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning. [51/2007] |
[Indian PC 1860, s. 364A] |
| Kidnapping or abducting with intent secretly and wrongfully to confine a person |
| 365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [Indian PC 1860, s. 365] |
| Kidnapping or abducting a woman to compel her marriage, etc. |
| 366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [Indian PC 1860, s. 366] |
| Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. |
| 367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non-consensual penile penetration of the anus, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [51/2007] [Indian PC 1860, s. 367] |
| Wrongfully concealing or keeping in confinement a kidnapped person |
| 368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or keeps such person in confinement, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement. [Indian PC 1860, s. 368] |
| Kidnapping or abducting child under 10 years with intent to steal movable property from the person of such child |
| 369. Whoever kidnaps or abducts any child under the age of 10 years, with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. [Indian PC 1860, s. 369] |
| Buying or disposing of any person as a slave |
| 370. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. [Indian PC 1860, s. 370] |
| Habitual dealing in slaves |
| 371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine. [Indian PC 1860, s. 371] |
| Selling minor for purposes of prostitution, etc. |
372. Whoever sells, lets to hire, or otherwise disposes of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.| Explanation—When a female under the age of 21 years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. [Indian PC 1860, s. 372] |
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| Buying minor for purposes of prostitution, etc. |
373. Whoever buys, hires or otherwise obtains possession of any person under the age of 21 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.| Explanation—Any prostitute, or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of 21 years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. [Indian PC 1860, s. 373] |
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| Importing woman for purposes of prostitution, etc. |
373A. Whoever —| (a) | by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Singapore any woman with intent that such woman may be employed or used for the purpose of prostitution; | | (b) | brings, or assists in bringing, into Singapore any woman with intent that such woman may be sold or bought for the purpose of prostitution; or | | (c) | sells or buys any woman for the purpose of prostitution, |
| shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine. |
|
| Unlawful compulsory labour |
| 374. Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. [Indian PC 1860, s. 374] |
|
375.—(1) Any man who penetrates the vagina of a woman with his penis —| (a) | without her consent; or | | (b) | with or without her consent, when she is under 14 years of age, |
| shall be guilty of an offence. |
[51/2007] | (2) Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [51/2007] |
(3) Whoever —| (a) | in order to commit or to facilitate the commission of an offence under subsection (1) —| (i) | voluntarily causes hurt to the woman or to any other person; or | | (ii) | puts her in fear of death or hurt to herself or any other person; or |
| | (b) | commits an offence under subsection (1) with a woman under 14 years of age without her consent, |
| shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes. |
[51/2007] |
(4) No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence —| (a) | his wife was living apart from him —| (i) | under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute; | | (ii) | under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute; | | (iii) | under a judgment or decree of judicial separation; or | | (iv) | under a written separation agreement; |
| | (b) | his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded; | | (c) | there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife; | | (d) | there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or | | (e) | his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded. [51/2007] |
|
| (5) Notwithstanding subsection (4), no man shall be guilty of an offence under subsection (1)(b) for an act of penetration against his wife with her consent. [51/2007] [UK SOA 2003, s. 1; SPC 1985 Ed., s. 375 (repealed); SPC 1985 Ed., s. 376 (repealed); Indian PC 1860, s. 375; Malaysia PC 2006 Ed., s. 375] |
|
| Sexual assault by penetration |
376.—(1) Any man (A) who —| (a) | penetrates, with A’s penis, the anus or mouth of another person (B); or | | (b) | causes another man (B) to penetrate, with B’s penis, the anus or mouth of A, |
| shall be guilty of an offence if B did not consent to the penetration. |
[51/2007] (2) Any person (A) who —| (a) | sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B); | | (b) | causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person (C); or | | (c) | causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B, |
| shall be guilty of an offence if B did not consent to the penetration. |
[51/2007] |
| (3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [51/2007] |
(4) Whoever —| (a) | in order to commit or to facilitate the commission of an offence under subsection (1) or (2) —| (i) | voluntarily causes hurt to any person; or | | (ii) | puts any person in fear of death or hurt to himself or any other person; or |
| | (b) | commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age, |
| shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes. |
[51/2007] [UK SOA 2003, ss. 2, 4; SPC 1985 Ed., s. 376(2) (repealed)] |
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| Sexual penetration of minor under 16 |
376A.—(1) Any person (A) who —| (a) | penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B); | | (b) | sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B); | | (c) | causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or | | (d) | causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B, |
| with or without B’s consent, shall be guilty of an offence. |
[51/2007] | (2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. [51/2007] |
| (3) Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [51/2007] |
| (4) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse. [51/2007] |
(5) No man shall be guilty of an offence under subsection (1)(a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence —| (a) | his wife was living apart from him —| (i) | under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute; | | (ii) | under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute; | | (iii) | under a judgment or decree of judicial separation; or | | (iv) | under a written separation agreement; |
| | (b) | his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded; | | (c) | there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife; | | (d) | there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or | | (e) | his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded. [51/2007] |
[UK SOA 2003, ss. 6, 8; SPC 1985 Ed., s. 375(e) (read with s. 376(1) (repealed)); SPC 1985 Ed., s. 375; Malaysia PC 2006 Ed., s. 375] |
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| Commercial sex with minor under 18 |
| 376B.—(1) Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. [51/2007] | (2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [51/2007] |
| (3) No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse. [51/2007] |
(4) In this section, “sexual services” means any sexual services involving —| (a) | sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else; or | | (b) | penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis. [51/2007] |
[Canada CC R.S. 1985, s. 212; SPC 1985 Ed., s. 376A(1)] |
|
| Commercial sex with minor under 18 outside Singapore |
| 376C.—(1) Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence. [51/2007] | (2) A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B. [51/2007] [NZ CA 1961, s. 144A] |
|
| Tour outside Singapore for commercial sex with minor under 18 |
376D.—(1) Any person who —| (a) | makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; | | (b) | transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or | | (c) | prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct, |
| shall be guilty of an offence. |
[51/2007] | (2) For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication. [51/2007] |
| (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. [51/2007] [NZ CA 1961, s. 144C] |
|
| Sexual grooming of minor under 16 |
376E.—(1) Any person of or above the age of 21 years (A) shall be guilty of an offence if having met or communicated with another person (B) on 2 or more previous occasions —| (a) | A intentionally meets B or travels with the intention of meeting B; and | | (b) | at the time of the acts referred to in paragraph (a) —| (i) | A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence; | | (ii) | B is under 16 years of age; and | | (iii) | A does not reasonably believe that B is of or above the age of 16 years. [51/2007] |
|
(2) In subsection (1), “relevant offence” means an offence under —| (a) | section 354, 354A, 375, 376, 376A, 376B, 376F, 376G or 377A; | | (b) | section 7 of the Children and Young Persons Act (Cap. 38); or | | (c) | section 140(1) of the Women’s Charter (Cap. 353). [51/2007] |
|
| (3) For the purposes of this section, it is immaterial whether the 2 or more previous occasions of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore. [51/2007] |
| (4) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [51/2007] [UK SOA 2003, s. 15] |
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| Procurement of sexual activity with person with mental disability |
376F.—(1) Any person (A) shall be guilty of an offence if —| (a) | A intentionally touches another person (B) who has a mental disability; | | (b) | the touching is sexual and B consents to the touching; | | (c) | A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and | | (d) | A knows or could reasonably be expected to know that B has a mental disability. [51/2007] |
| (2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [51/2007] |
(3) If the touching involved —| (a) | penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or | | (b) | penetration of the mouth with the penis, |
| a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. |
[51/2007] |
| (4) No person shall be guilty of an offence under this section for any act with that person’s spouse. [51/2007] |
(5) For the purposes of this section —| “mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching; |
“touching” includes touching —| (a) | with any part of the body; | | (b) | with anything else; or | | (c) | through anything, |
| and includes penetration. |
[51/2007] |
[UK SOA 2003, ss. 34, 79; UK MH Bill 2004, clause 2(6)] |
|
376G.—(1) Any man of or above the age of 16 years (A) who —| (a) | sexually penetrates the vagina or anus of a woman (B) with a part of A’s body (other than A’s penis) or anything else; or | | (b) | penetrates the vagina, anus or mouth of a woman (B) with his penis, |
| with or without B’s consent where B is to A’s knowledge A’s grand-daughter, daughter, sister, half-sister, mother or grandmother (whether such relationship is or is not traced through lawful wedlock), shall be guilty of an offence. |
[51/2007] | (2) Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1)(a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence. [51/2007] |
| (3) Subject to subsection (4), a man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years. [51/2007] |
| (4) If a man commits an offence under subsection (1) against a woman under 14 years of age, he shall be punished with imprisonment for a term which may extend to 14 years. [51/2007] |
| (5) A woman who is guilty of an offence under subsection (2) shall be punished with imprisonment for a term which may extend to 5 years. [51/2007] [UK SOA 2003, s. 64; SPC 1985 Ed., ss. 376A, 376B, 376C (repealed)] |
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| Sexual penetration of a corpse |
| 377.—(1) Any man who penetrates, with his penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence. [51/2007] | (2) A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. [51/2007] |
| (3) Any person (A) who causes any man (B) to penetrate with B’s penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence if B did not consent to the penetration. [51/2007] |
| (4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [51/2007] [UK SOA 2003, s. 70] |
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| 377A. Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years. |
| Sexual penetration with living animal |
377B.—(1) Any person (A) who —| (a) | penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or | | (b) | causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal, |
| shall be guilty of an offence. |
[51/2007] | (2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [51/2007] |
(3) Any person (A) who —| (a) | causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or | | (b) | causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal, |
| shall be guilty of an offence if B did not consent to the penetration. |
[51/2007] |
| (4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [51/2007] [UK SOA 2003, s. 69] |
|
| Interpretation of sections 375 to 377B (sexual offences) |
377C. In sections 375 to 377B —| (a) | penetration is a continuing act from entry to withdrawal; | | (b) | references to a part of the body include references to a part which is surgically constructed (in particular, through a sex reassignment procedure); | | (c) | for the purposes of identifying the sex of a person —| (i) | the sex of a person as stated in that person’s identity card issued under the National Registration Act (Cap. 201) at the time the sexual activity took place shall be prima facie evidence of the sex of that person; and | | (ii) | a person who has undergone a sex reassignment procedure shall be identified as being of the sex to which that person has been reassigned; |
| | (d) | penetration, touching or other activity is “sexual” if —| (i) | because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or | | (ii) | because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual; |
| | (e) | “vagina” includes vulva. [51/2007] |
[UK SOA 2003, ss. 78, 79; WC 1997 Ed., s. 12(3)] |
| 377D.—(1) Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A(2), 376B or 376C. [51/2007] (2) In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —| (a) | the age of 16 years, shall be a valid defence to a charge of an offence under section 376A(2); or | | (b) | the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C. [51/2007] |
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| (3) For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140(1)(i) of the Women’s Charter (Cap. 353). [51/2007] [WC 1997 Ed., s. 140(4) and (5)] |
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