Corrosive and Explosive Substances and Offensive Weapons Act

(CHAPTER 65)

(Original Enactment: Ordinance 26 of 1966)

REVISED EDITION 2013

(31st December 2013)

An Act to provide certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive and scheduled weapons.

[16th September 1963]

Short title

1. This Act may be cited as the Corrosive and Explosive Substances and Offensive Weapons Act.

Interpretation

2. In this Act, unless the context otherwise requires —

“corrosive substance” means any of the acids and substances specified in the First Schedule, and shall be deemed to include all substances which are capable on application to the human body of causing hurt through corrosive action;

“explosive substance” shall be deemed to include any materials for making any explosive substance and any bomb, grenade, apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance and any part of such bomb, grenade, apparatus, machine or implement;

“hurt” means hurt as defined in the Penal Code (Cap. 224);

“offensive weapon” includes any instrument which if used as a weapon of offence is likely to cause hurt;

“scheduled weapon” means any offensive weapon specified in the Second Schedule.

Possession of corrosive or explosive substance for purpose of causing hurt

3. Any person who carries or has in his possession or under his control any corrosive or explosive substance in circumstances which raise a reasonable presumption that he intends to use or intends to enable some other person to use the substance for the purpose of causing hurt shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years and shall also be punished with caning with not less than 6 strokes.

[63/73]

Using corrosive or explosive substance or offensive weapon

4. Any person who unlawfully and maliciously uses or attempts to use any corrosive substance or offensive weapon for the purpose of causing hurt or causes or attempts to cause by any explosive substance an explosion of a nature likely to cause hurt shall, whether any hurt has actually been caused or not, be guilty of an offence and shall be liable on conviction to imprisonment for life and shall also be punished with caning with not less than 6 strokes.

[63/73]

Consorting with person carrying corrosive or explosive substance

5. Any person who consorts with, or is found in the company of, another person who is carrying or has in his possession or under his control any corrosive or explosive substance in contravention of section 3 in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such substance shall, unless he shall prove that he had reasonable grounds for believing that that other person was carrying or had in his possession or under his control any such substance for a lawful purpose, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he was consorting or in whose company he was found.

Carrying offensive weapons in public places

6.—(1) Any person who in any public road or place carries or has in his possession or under his control any offensive weapon otherwise than with lawful authority or for a lawful purpose shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be punished with caning with not less than 6 strokes.

(2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful purpose shall lie upon the accused.

(3) A weapon shall be presumed to be carried with lawful authority if it is carried —

(a)	by a member of the Singapore Armed Forces or of the Singapore Police Force or of any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or
(b)	by any person as part of his official or ceremonial dress on any official or ceremonial occasion.

(4) An offence under subsection (1) shall be deemed to be an arrestable and non-bailable offence.

[63/73]

Offences relating to scheduled weapons

7.—(1) Any person who, otherwise than for a lawful purpose —

(a)	carries or has in his possession or under his control;
(b)	manufactures, sells or hires or offers or exposes for sale or hire; or
(c)	lends or gives to any other person,

any scheduled weapon shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes and, in the case of a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 8 years and shall also be punished with caning with not less than 6 strokes.

(2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful purpose shall be upon the accused.

(3) An offence under subsection (1) shall be deemed to be an arrestable and non-bailable offence.

[63/73]

Consorting with persons carrying offensive weapons in public places

8.—(1) Any person who consorts with, or is found in the company of, another person who is carrying or has in his possession or under his control any offensive weapon in contravention of section 6, in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such weapon shall, unless he shall prove that he had reasonable grounds for believing that that other person was carrying or had in his possession or under his control any such weapon for a lawful purpose, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he was consorting or in whose company he was found.

(2) An offence under this section shall be deemed to be an arrestable and non-bailable offence.

Powers of search and seizure

9.—(1) Any police officer may, without warrant and with or without assistance, stop and search any person or vehicle found in any public road or place if he has reasonable grounds for believing that any evidence of the commission of an offence under this Act is likely to be found on that person or in that vehicle, and may disarm that person and seize any offensive weapon, article or material or accumulation thereof capable of being used for causing hurt if he has reasonable grounds for believing that it is intended or likely to be used in the commission of an offence under this Act.

(2) Any police officer may, without warrant and with or without assistance —

(a)	stop and search any person or vehicle, whether in a public road or place or not;
(b)	enter and search any premises; or
(c)	board and search any vessel, vehicle or aircraft not being, or having the status of, a naval, military or air force vessel, vehicle or aircraft,

if he has reasonable grounds for believing that any evidence of the commission or of the preparation for the commission of an offence under this Act is likely to be found on such person or premises or in any such vessel, vehicle or aircraft, and may seize any article or material or accumulation thereof capable of being used for causing hurt if he has reasonable grounds for believing that it is intended or likely to be used for the purpose of causing hurt, and any such evidence so found and any vessel, vehicle or aircraft in which that article, material or evidence is found.

[21/73]

(3) No woman shall be searched under this section except by a woman.

Disposal of property

10.—(1) Subject to subsection (2), the provisions of the Criminal Procedure Code (Cap. 68) relating to the disposal of property, the subject of an offence, shall apply to any article coming into the possession of a police officer under section 9.

(2) Any corrosive or explosive substance or offensive weapon coming into the possession of a police officer under section 9 may be disposed of in such manner as the Minister may order.

(3) Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.

Presumptions

11.—(1) Where any corrosive or explosive substance is found in or on any premises, the occupier of the premises shall be deemed to be in possession of that substance unless he shall prove that some other person was in possession thereof, or that he had no knowledge or reasonable means of knowledge that that substance was in or on the premises and that he had taken all reasonable precautions against that substance being kept in or on the premises.

(2) In any prosecution under section 3 or 5, it shall be presumed until the contrary is proved that any substance was intended to be used for the purpose of causing hurt if —

(a)	the quantity of the substance found exceeded the quantity reasonably required to be kept by the accused for ordinary use and consumption in his household or establishment and, in the case of a person carrying on business, exceeded the quantity reasonably required to be kept in the ordinary course of that business;
(b)	the substance was kept concealed or in a place other than that in which it might reasonably be expected to be kept for domestic purposes or, in the case of a person carrying on business, for business purposes; or
(c)	the substance was kept in a container other than a container of a kind in which the substance is ordinarily kept for domestic purposes or, in the case of a person carrying on business, for business purposes.

Power to amend Schedules

12. The Minister may by order add to or amend the Schedules.

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