Comparison View

Formal Consolidation |  2020 RevEd
Details of time, place and person or thing
124.—(1)  The charge must contain details of the time and place of the alleged offence and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of what the accused is charged with.
(2)  Despite subsection (1), where the accused is charged with any offence mentioned in subsection (3) —
(a)it is sufficient for the charge —
(i)to specify the gross sum in respect of which the offence is alleged to have been committed without specifying particular items; and
(ii)to specify the dates between which the offence is alleged to have been committed (being a period that does not exceed 12 months) without specifying exact dates; and
(b)the charge so framed is deemed to be a charge of one offence.
[19/2018]
(3)  For the purposes of subsection (2), the offences are as follows:
(a)any offence under section 403, 404, 406, 407, 408, 409, 411, 412, 413 or 414 of the Penal Code 1871;
(b)any offence under section 50, 51, 53 or 54 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
(c)any other offence (being an offence involving property) that is prescribed.
[19/2018]
(4)  Despite subsections (1) and (2) and section 132, where 2 or more incidents of the commission of the same offence by the accused are alleged, and those alleged incidents taken together amount to a course of conduct (having regard to the time, place or purpose of each alleged incident) —
(a)it is sufficient to frame one charge for all of those alleged incidents, if all of the following conditions are satisfied:
(i)the charge —
(A)contains a statement that the charge is amalgamated under this subsection;
(B)either —
(BA)specifies the number of separate incidents of the commission of that offence that are alleged, without specifying each particular alleged incident; or
(BB)if the causing of a particular outcome is an element of that offence, contains details of the aggregate outcome caused by all of those alleged incidents, without specifying the particular outcome caused by each particular alleged incident;
(C)contains a statement that all of those alleged incidents taken together amount to a course of conduct; and
(D)specifies the dates between which all of those incidents are alleged to have occurred, without specifying the exact date for each particular alleged incident;
(ii)if a separate charge had been framed in respect of each of those incidents, the maximum punishment for the offence specified in each separate charge would be the same maximum punishment;
(iii)the charge so framed does not specify any offence punishable with death; and
(b)the charge so framed is deemed to be a charge of one offence.
Illustrations
(a)A is charged under section 465 of the Penal Code 1871 with committing forgery by making a false document. By virtue of section 463 of that Code, A’s conduct in making the false document is conduct that is an element of the offence that A is charged with.
(b)A is charged under section 325 of the Penal Code 1871 with voluntarily causing grievous hurt to B. A’s conduct in causing grievous hurt to B is conduct that is an element of the offence that A is charged with.
(c)A is charged under section 426 of the Penal Code 1871 with committing mischief by setting fire to a dustbin, and thereby causing the destruction of the dustbin. By virtue of section 425 of that Code, the destruction of the dustbin is an outcome (caused by A’s conduct of setting fire to the dustbin) that is an element of the offence that A is charged with.
(d)A is charged under section 417 of the Penal Code 1871 with cheating B by deceiving B, and thereby intentionally inducing B to do a thing which B would not do if B were not so deceived. By virtue of section 415 of that Code, the thing that B is induced to do is an outcome (caused by A’s conduct of deceiving B) that is an element of the offence that A is charged with.
[19/2018]
(5)  For the purposes of subsection (4), 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct, if one or more of the following circumstances exist:
(a)where the offence is one that has an identifiable victim, the victim in each alleged incident is the same person or belongs to the same class of persons;
(b)all of the alleged incidents involve the employment of the same method or similar methods;
(c)all of the alleged incidents occurred in the same place, in similar places, or in places that are located near to each other;
(d)all of the alleged incidents occurred within a defined period that does not exceed 12 months.
[19/2018]
(6)  To avoid doubt, subsection (5) does not contain an exhaustive list of the circumstances where 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct.
[19/2018]
(7)  Subsection (4) ceases to apply to 2 or more alleged incidents of the commission of the same offence by the accused, if the accused indicates that the accused intends to rely on a different defence in relation to each of those alleged incidents.
[19/2018]
(8)  Subject to subsection (7), where a charge is framed under subsection (2) or (4), and a person is convicted of the offence specified in that charge —
(a)the court may sentence that person —
(i)in any case where the charge is framed under subsection (2) — to 2 times the amount of punishment to which that person would otherwise have been liable for that offence; or
(ii)in any case where the charge is framed under subsection (4) — to 2 times the amount of punishment to which that person would otherwise have been liable if that person had been charged with and convicted of any one of the incidents of commission of the offence mentioned in that subsection; but
(b)any sentence of caning imposed by the court in respect of that offence must not exceed the specified limit in section 328.
[19/2018]
(9)  Despite anything to the contrary in this Code, where a Magistrate’s Court or District Court would (apart from this section) have jurisdiction and power to try a particular type of offence, and a charge specifying an offence of that type is framed under subsection (2) or (4) — the Magistrate’s Court or District Court (as the case may be) —
(a)has jurisdiction to hear and determine all proceedings for the offence specified in that charge; and
(b)has power to award the full punishment provided under subsection (8) in respect of the offence specified in that charge.
[19/2018]
(10)  Subsections (8) and (9) do not apply to a charge framed under subsection (2) or (4) in respect of any act or omission that took place before 31 October 2018.
[19/2018]
Informal Consolidation | Amended Act 15 of 2023
Details of time, place and person or thing
124.—(1)  The charge must contain details of the time and place of the alleged offence and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of what the accused is charged with.
(2)  Despite subsection (1), where the accused is charged with any offence mentioned in subsection (3) —
(a)it is sufficient for the charge —
(i)to specify the gross sum in respect of which the offence is alleged to have been committed without specifying particular items; and
(ii)to specify the dates between which the offence is alleged to have been committed (being a period that does not exceed 12 months) without specifying exact dates; and
(b)the charge so framed is deemed to be a charge of one offence.
[19/2018]
(3)  For the purposes of subsection (2), the offences are as follows:
(a)any offence under section 403, 404, 406, 407, 408, 409, 411, 412, 413 or 414 of the Penal Code 1871;
(b)any offence under section 50, 51, 53, 54 or 55A of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
(c)any other offence (being an offence involving property) that is prescribed.
[19/2018]
[Act 15 of 2023 wef 08/02/2024]
(4)  Despite subsections (1) and (2) and section 132, where 2 or more incidents of the commission of the same offence by the accused are alleged, and those alleged incidents taken together amount to a course of conduct (having regard to the time, place or purpose of each alleged incident) —
(a)it is sufficient to frame one charge for all of those alleged incidents, if all of the following conditions are satisfied:
(i)the charge —
(A)contains a statement that the charge is amalgamated under this subsection;
(B)either —
(BA)specifies the number of separate incidents of the commission of that offence that are alleged, without specifying each particular alleged incident; or
(BB)if the causing of a particular outcome is an element of that offence, contains details of the aggregate outcome caused by all of those alleged incidents, without specifying the particular outcome caused by each particular alleged incident;
(C)contains a statement that all of those alleged incidents taken together amount to a course of conduct; and
(D)specifies the dates between which all of those incidents are alleged to have occurred, without specifying the exact date for each particular alleged incident;
(ii)if a separate charge had been framed in respect of each of those incidents, the maximum punishment for the offence specified in each separate charge would be the same maximum punishment;
(iii)the charge so framed does not specify any offence punishable with death; and
(b)the charge so framed is deemed to be a charge of one offence.
Illustrations
(a)A is charged under section 465 of the Penal Code 1871 with committing forgery by making a false document. By virtue of section 463 of that Code, A’s conduct in making the false document is conduct that is an element of the offence that A is charged with.
(b)A is charged under section 325 of the Penal Code 1871 with voluntarily causing grievous hurt to B. A’s conduct in causing grievous hurt to B is conduct that is an element of the offence that A is charged with.
(c)A is charged under section 426 of the Penal Code 1871 with committing mischief by setting fire to a dustbin, and thereby causing the destruction of the dustbin. By virtue of section 425 of that Code, the destruction of the dustbin is an outcome (caused by A’s conduct of setting fire to the dustbin) that is an element of the offence that A is charged with.
(d)A is charged under section 417 of the Penal Code 1871 with cheating B by deceiving B, and thereby intentionally inducing B to do a thing which B would not do if B were not so deceived. By virtue of section 415 of that Code, the thing that B is induced to do is an outcome (caused by A’s conduct of deceiving B) that is an element of the offence that A is charged with.
[19/2018]
(5)  For the purposes of subsection (4), 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct, if one or more of the following circumstances exist:
(a)where the offence is one that has an identifiable victim, the victim in each alleged incident is the same person or belongs to the same class of persons;
(b)all of the alleged incidents involve the employment of the same method or similar methods;
(c)all of the alleged incidents occurred in the same place, in similar places, or in places that are located near to each other;
(d)all of the alleged incidents occurred within a defined period that does not exceed 12 months.
[19/2018]
(6)  To avoid doubt, subsection (5) does not contain an exhaustive list of the circumstances where 2 or more alleged incidents of the commission of an offence, taken together, may amount to a course of conduct.
[19/2018]
(7)  Subsection (4) ceases to apply to 2 or more alleged incidents of the commission of the same offence by the accused, if the accused indicates that the accused intends to rely on a different defence in relation to each of those alleged incidents.
[19/2018]
(8)  Subject to subsection (7), where a charge is framed under subsection (2) or (4), and a person is convicted of the offence specified in that charge —
(a)the court may sentence that person —
(i)in any case where the charge is framed under subsection (2) — to 2 times the amount of punishment to which that person would otherwise have been liable for that offence; or
(ii)in any case where the charge is framed under subsection (4) — to 2 times the amount of punishment to which that person would otherwise have been liable if that person had been charged with and convicted of any one of the incidents of commission of the offence mentioned in that subsection; but
(b)any sentence of caning imposed by the court in respect of that offence must not exceed the specified limit in section 328.
[19/2018]
(9)  Despite anything to the contrary in this Code, where a Magistrate’s Court or District Court would (apart from this section) have jurisdiction and power to try a particular type of offence, and a charge specifying an offence of that type is framed under subsection (2) or (4) — the Magistrate’s Court or District Court (as the case may be) —
(a)has jurisdiction to hear and determine all proceedings for the offence specified in that charge; and
(b)has power to award the full punishment provided under subsection (8) in respect of the offence specified in that charge.
[19/2018]
(10)  Subsections (8) and (9) do not apply to a charge framed under subsection (2) or (4) in respect of any act or omission that took place before 31 October 2018.
[19/2018]