| Offences against property |
378. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.| Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. |
| | Explanation 2.—A moving, effected by the same act which effects the severance, may be a theft. |
| | Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented it from moving, or by separating it from any other thing, as well as by actually moving it. |
| | Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which in consequence of the motion so caused is moved by that animal. |
| | Explanation 5.—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. |
| | Explanation 6.—A person may move property which is intangible or incorporeal by transferring the property from one account to another account or transferring the interests in the property from one person to another person or by extinguishing the property. |
| | | (a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree, in order to such taking, he has committed theft. |
| | (b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A. |
| | (c) [Deleted by Act 51 of 2007] |
| | (d) A, being Z’s servant and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate without Z’s consent. A has committed theft. |
| | (e) Z, going on a journey, entrusts his plate to A, the owner or operator of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not, therefore, be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust. |
| | [Act 23 of 2021 wef 01/03/2022] |
| | (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft. |
| | (g) A finds a ring lying on the high road, not in the possession of any person. A by taking it commits no theft, though he may commit criminal misappropriation of property. |
| | (h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. |
| | (i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. |
| | (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. |
| | (k) Again, if A having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property, inasmuch as he takes it dishonestly. |
| | (l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. |
| | (m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book, without Z’s express consent, for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft. |
| | (n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z, her husband. Here, it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft. |
| | (o) A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft. |
| | (p) A in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft. |
| | (q) A gains access to Z’s bank account and dishonestly transfers money from Z’s account to A’s own account without Z’s knowledge or consent. A commits theft. |
|
|
[15/2019] |
| 379. Whoever commits theft shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Punishment for theft of a motor vehicle |
379A.—(1) Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.| (2) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise, be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961. |
(3) In this section —| “component part”, in relation to a motor vehicle, means any component part attached to the motor vehicle, and includes any tyre, accessory or equipment attached to the motor vehicle; |
| “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and includes a trailer drawn by a motor vehicle. |
|
|
| Theft in dwelling house, etc. |
| 380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or for the custody of property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. |
| Theft by clerk or servant of property in possession of master |
| 381. Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. |
| Theft after preparation made for causing death or hurt in order to commit theft |
382. Whoever commits theft, having made preparation for causing death or hurt or restraint, or fear of death or of hurt or of restraint, to any person in order to commit such theft, or in order to effect his escape after committing such theft, or in order to retain property taken by such theft, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 3 strokes. | | (a) A commits theft of property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. |
| | (b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. |
|
|
|
|
383. Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”. | | (a) A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He thus induces Z to give him money. A has committed extortion. |
| | (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain moneys to A. Z signs and delivers the note. A has committed extortion. |
| | (c) A, an enforcement officer, sees Z committing an offence, and threatens to report the offence unless Z gives him money. Z fears that the report may result in his being prosecuted for the offence and delivers money to A. A has committed extortion. |
| | (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion. |
|
|
|
| 384. Whoever commits extortion shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning. |
| Putting person in fear of harm in order to commit extortion |
| 385. Whoever, in order to commit extortion, puts or attempts to put any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, shall be punished with imprisonment for a term of not less than 2 years and not more than 5 years and with caning. |
| Extortion by putting a person in fear of death or grievous hurt |
| 386. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning. |
| Putting person in fear of death or of grievous hurt in order to commit extortion |
| 387. Whoever, in order to commit extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and with caning. |
| Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc. |
| 388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such 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. |
| Putting person in fear of accusation of offence, in order to commit extortion |
| 389. Whoever, in order to commit extortion, puts or attempts to put any person in fear of an accusation against that person or any other, of having committed, or attempted to commit, an offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. |
|
390.—(1) In all robbery there is either theft or extortion.| (2) Theft is “robbery” if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint. |
| When extortion is robbery |
(3) Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.| Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. |
| | | (a) A holds Z down, and dishonestly takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. |
| | (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence surrenders his purse. Here A has extorted the purse from Z, by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. |
| | (c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child, Z being present. A has therefore committed robbery on Z. |
| | (d) A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us $1,000.” This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. |
|
|
|
|
| 391. When 5 or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and of persons present and aiding such commission or attempt, amount to 5 or more, every person so committing, attempting, or aiding, is said to commit “gang‑robbery”. |
| 392. Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes; and if the robbery is committed after 7 p.m. and before 7 a.m. the offender shall be punished with imprisonment for a term of not less than 3 years and not more than 14 years and shall also be punished with caning with not less than 12 strokes. |
| Attempt to commit robbery |
| 393. Whoever attempts to commit robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes. |
| Voluntarily causing hurt in committing robbery |
| 394. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person, jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes. |
| Punishment for gang-robbery |
| 395. Whoever commits gang-robbery shall be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes. |
| 396. If any one of 5 or more persons who are conjointly committing gang‑robbery, commits murder in so committing gang-robbery, every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes. |
| Robbery when armed or with attempt to cause death or grievous hurt |
| 397. If at the time of committing or attempting to commit robbery, the offender is armed with or uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code. |
| [There is no section 398.] |
| Making preparation to commit gang-robbery |
| 399. Whoever makes any preparation for committing gang‑robbery, shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes. |
| Punishment for belonging to gang-robbers |
| 400. Whoever shall belong to a gang of persons associated for the purpose of habitually committing gang‑robbery, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be punished with caning with not less than 6 strokes. |
| Punishment for belonging to gang of thieves |
| 401. Whoever shall belong to any gang of persons associated for the purpose of habitually committing theft or robbery, and not being gang-robbers, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes. [15/2019] |
| Assembling for purpose of committing gang-robbery |
| 402. Whoever shall be one of 5 or more persons assembled for the purpose of committing gang‑robbery, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be punished with caning with not less than 4 strokes. |
|
|
| Criminal misappropriation of property |
| Dishonest misappropriation of property |
403. Whoever dishonestly misappropriates or converts to his own use movable property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. | | (a) A takes property belonging to Z out of Z’s possession in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. |
| | (b) A, being on friendly terms with Z, goes into Z’s house in Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. |
| | (c) A and B being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. |
| | Explanation 1.—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. |
| | | A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. |
| | Explanation 2.—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner, and has kept the property a reasonable time to enable the owner to claim it. |
| | What are reasonable means, or what is a reasonable time in such a case, is a question of fact. |
| | It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. |
| | | (a) A finds a dollar on the high road, not knowing to whom the dollar belongs. A picks up the dollar. Here A has not committed the offence defined in this section. |
| | (b) A finds a letter on the high road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. |
| | (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. |
| | (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. |
| | (e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. |
| | (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. |
| | (g) A receives money transferred to his bank account from Z’s bank account. A discovers that Z did not intend to transfer the money to him. A retains the money and appropriates it to his own use. A is guilty of an offence under this section. |
|
|
[15/2019] |
| Dishonest misappropriation of property possessed by a deceased person at the time of his death |
404. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to 7 years. | | Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. |
|
|
|
|
405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or intentionally suffers any other person to do so, commits “criminal breach of trust”. | | (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. |
| | (b) A is a warehouse owner or warehouse operator. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed breach of trust. |
| | [Act 23 of 2021 wef 01/03/2022] |
| | (c) A, residing in Singapore, is agent for Z, residing in Penang. There is an express or implied contract between A and Z that all sums remitted by Z to A shall be invested by A according to Z’s direction. Z remits $5,000 to A, with directions to A to invest the same in Government securities. A dishonestly disobeys the direction, and employs the money in his own business. A has committed criminal breach of trust. |
| | (d) But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank X, disobeys Z’s directions, and buys shares in the Bank X for Z, instead of buying Government securities, here, though Z should suffer loss and should be entitled to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. |
| | (e) A, a collector of Government money, or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. |
| | (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. |
|
|
[15/2019] |
| Punishment of criminal breach of trust |
| 406. Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. |
| Criminal breach of trust of property entrusted for purposes of transportation or storage |
407. Whoever, being entrusted with property for the purpose of transportation for hire or storage for rent or charge, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine. | | A carrier is an example of a person who is entrusted with property for the purpose of transportation for hire and a warehouse owner or warehouse operator is an example of a person who is entrusted with property for the purpose of storage for rent or charge. |
|
|
[15/2019] |
| Criminal breach of trust by employees |
| 408.—(1) Whoever, being an employee, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine. [15/2019] (2) For the purposes of subsection (1) —| (a) | an employee includes a person who is engaged in a capacity with the same fundamental qualities as an employee; and | | (b) | a person may be an employee or engaged in the capacity mentioned in paragraph (a) even though that person does not receive any salary or other remuneration arising from the person’s employment or engagement. [15/2019] |
|
|
| Criminal breach of trust by public servant, or by banker, merchant, agent, director, officer, partner, key executive or fiduciary |
409.—(1) Whoever, being in any manner entrusted with property, or with any dominion over property —| (a) | in his capacity as a public servant; | | (b) | in the way of his trade, profession or business as a banker, a merchant, a factor, a broker, an attorney or an agent; | | (c) | in his professional capacity (other than by way of a trade, profession or business mentioned in paragraph (b)); | | (d) | in his capacity as a director of a corporation; | | (e) | in his capacity as an officer of an unincorporated association; | | (f) | in his capacity as a partner in a partnership; | | (g) | in his capacity as a key executive of a corporation, an unincorporated association or a partnership; or | | (h) | in his capacity as a fiduciary, |
| commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. |
[15/2019] (2) In this section —“director” includes —| (a) | any person occupying the position of director of a corporation by whatever name called, and includes a person in accordance with whose directions or instructions the directors or the majority of the directors of a corporation are accustomed to act, and an alternate or substitute director; or | | (b) | a member of a corporation in the case where the affairs of the corporation are managed by its members, and includes a person in accordance with whose directions or instructions the members or the majority of the members of such corporation are accustomed to act, and an alternate or substitute member; |
|
| “fiduciary” means a person who has undertaken to act for or on behalf of another person in a matter in circumstances which give rise to a relationship of trust, confidence and loyalty, and includes but is not limited to an executor, an administrator, a liquidator, a receiver and a trustee (other than the trustee of an implied, a constructive or a resulting trust); |
| “key executive” means a person who, whether or not an employee of the corporation, unincorporated association or partnership, and whether acting alone or together with any other person, has general control and management of the administration of that corporation, unincorporated association or partnership; |
“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, and includes —| (a) | any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; | | (b) | a person in accordance with whose directions or instructions the president, secretary or member of a committee of the unincorporated association or a majority of such persons are accustomed to act; and | | (c) | any person purporting to act in any such capacity; |
|
| “partner” includes a person purporting to act as a partner; |
| “partnership” includes a limited partnership and a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005. [15/2019] |
|
(3) For the purposes of this section and to avoid doubt —| (a) | a person may be a director of a corporation, officer of an unincorporated association, partner in a partnership, key executive of a corporation, unincorporated association or partnership even though that person does not receive any salary or other remuneration from that corporation, unincorporated association or partnership, as the case may be; and | | (b) | a person may be a fiduciary even though it is stated in a contract or an agreement between the parties that a fiduciary relationship does not arise. [15/2019] |
|
|
|
| Receiving stolen property |
410.—(1) Property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated, or in respect of which criminal breach of trust or cheating has been committed, is designated as “stolen property”, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Singapore. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.(2) The expression “stolen property” includes any property into or for which stolen property has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise.| Explanation.—For the purpose of proving whether the whole or any part of any property constitutes “stolen property”, it is not necessary for the prosecution to prove the elements or particulars of any offence that caused or contributed to the designation of the property as stolen property. |
|
|
[15/2019] |
|
| Receiving stolen property |
| 411.—(1) Whoever receives or retains any property, knowing or having reason to believe the property to be stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. [15/2019] (2) If the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —| (a) | shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and | | (b) | may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961. |
|
(3) It is a defence for a person charged with an offence under subsection (1) to prove that he has a reasonable excuse to receive or retain the property and that he exercised reasonable care as soon as practicable after having the knowledge or reason to believe mentioned in that subsection. | | A large sum of money is credited into A’s bank account through a fund transfer. A later discovers the funds on checking his bank statement and has reason to believe that the funds were obtained in whole or in part through a criminal offence involving fraud or dishonesty. As soon as practicable after this discovery, A makes a report of the funds to the bank management and expresses his belief of the origins of the funds. A has a reasonable excuse for receiving and retaining the funds in his bank account while the report is being processed and has exercised reasonable care. |
|
|
[15/2019] |
|
| Receiving property stolen in the commission of a gang-robbery |
| 412.—(1) Whoever receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of gang‑robbery, or receives from a person, whom he knows or has reason to believe to belong or to have belonged to gang‑robbers, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019] (2) It is a defence for a person charged with an offence under subsection (1) to prove that he has a reasonable excuse to receive or retain the property and that he exercised reasonable care as soon as practicable after having the knowledge or reason to believe mentioned in that subsection. | | A box of valuable jewels is delivered by courier to A’s office. A later discovers the jewels and learns from the news reports that there was a gang robbery of jewels in the vicinity. A has reason to believe that the jewels were stolen in the gang robbery. As soon as practicable after this discovery, A keeps the jewels in the safe and travels to the police station to make a report of the jewels and express his belief that the jewels were stolen by gang‑robbers. A has a reasonable excuse for receiving and retaining the jewels pending their retrieval by the police and has exercised reasonable care. |
|
|
[15/2019] |
|
| Habitually dealing in stolen property |
| 413. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property or property obtained in whole or in part through any criminal offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine. [15/2019] |
| Assisting in concealment or disposal of stolen property |
| 414.—(1) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property or property obtained in whole or in part through any criminal offence involving fraud or dishonesty, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. [15/2019] (2) If the property mentioned in subsection (1) is a motor vehicle or any component part of a motor vehicle as defined in section 379A(3), a person convicted of an offence under this section —| (a) | shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine; and | | (b) | may be disqualified for such period as the court may order from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act 1961. [15/2019] |
|
|
|
415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver or cause the delivery of any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.| Explanation 1.—A dishonest concealment of facts is a deception within the meaning of this section. |
| | Explanation 2.—Mere breach of contract is not of itself proof of an original fraudulent intent. |
| | Explanation 3.—Whoever makes a representation through any agent is to be treated as having made the representation himself. |
| | Explanation 4.—A person that is a company or association or body of persons, whether incorporated or not, can be deceived for the purposes of this section, even though none of its individual officers, employees or agents is personally deceived. |
| | Explanation 5.—A person that is a company or association or body of persons, whether incorporated or not, can be induced to act in a manner mentioned in this section even though none of its individual officers, employees or agents is personally induced to act in such manner. |
| | | (a) A, by falsely pretending to be in the Government service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. |
| | (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. |
| | (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. |
| | (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. |
| | (e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. |
| | (f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. |
| | (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of pepper which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the pepper, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. |
| | (h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. |
| | (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats. |
| | (j) A, playing with false dice, or marked cards, wins money from B. A cheats. |
| | (k) A places an order for concert tickets in the automated concert ticketing system of a company, Z, using stolen credit card details, and thereby causes Z’s ticketing system to electronically deliver the electronic concert tickets to A. Z has been deceived and induced into delivering the tickets to A even though no human officer, employee or agent of Z has been personally deceived or induced. |
|
|
[15/2019] |
416. A person is said to “cheat by personation”, if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.| Explanation.—The offence is committed whether the individual personated is a real or an imaginary person. |
| | | (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. |
| | (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. |
|
|
|
| Illegally obtained personal information |
416A.—(1) A person (A) shall be guilty of an offence who, knowing or having reason to believe that any personal information about another person (B) (being an individual) was obtained without B’s consent —| (a) | obtains or retains the personal information; or | | (b) | supplies, offers to supply, transmits or makes available, by any means, the personal information. [15/2019] |
(2) It is not an offence under subsection (1)(a) if the person obtained or retained the personal information for a purpose other than —| (a) | for use in committing, or in facilitating the commission of, any offence under this Code or any other written law; or | | (b) | for supply, transmission or making available by any means for the personal information to be used in committing, or in facilitating the commission of, any offence under this Code or any other written law. [15/2019] |
|
(3) It is not an offence under subsection (1)(b) if —| (a) | the person did the act for a purpose other than for the personal information to be used in committing, or in facilitating the commission of, any offence under this Code or any other written law; and | | (b) | the person did not know or have reason to believe that the personal information will be or is likely to be used to commit, or facilitate the commission of, any offence under this Code or any other written law. [15/2019] |
|
| (4) For the purposes of subsection (1)(b), a person does not transmit or make available personal information merely because the person provides, or operates facilities for network access, or provides services relating to, or provides connections for, the transmission or routing of data. [15/2019] |
| (5) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 3 years, or with fine which may extend to $10,000, or with both. [15/2019] |
| (6) For the purpose of proving under subsection (1) that a person knows or has reason to believe that any personal information of an individual (B) was obtained without B’s consent, it is not necessary for the prosecution to prove the particulars of the obtaining of the personal information, such as who obtained the information and when it took place. [15/2019] |
(7) In this section —| (a) | personal information is any information, whether true or not, about an individual of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including (but not limited to) biometric data, name, address, date of birth, national registration identity card number, passport number, a written, electronic or digital signature, user authentication code, credit card or debit card number, and password; and | | (b) | a reference to an offence under this Code includes an offence under subsection (1). [15/2019] |
|
|
| 417. Whoever cheats shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect |
| 418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest, in the transaction to which the cheating relates, he was bound either by law or by a legal contract to protect shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. |
| Punishment for cheating by personation |
| 419. Whoever cheats by personation shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. |
| Cheating and dishonestly inducing a delivery of property |
| 420. Whoever cheats and thereby dishonestly induces the person deceived to deliver or cause the delivery of any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [15/2019] |
| Obtaining services dishonestly or fraudulently |
420A.—(1) A person shall be guilty of an offence if he obtains services for himself or another person dishonestly or fraudulently and —| (a) | the services are made available on the basis that payment has been, is being or will be made for or in respect of them; | | (b) | the person obtains the services without any payment having been made for or in respect of them or without payment having been made in full; and | | (c) | when the person obtains the services —| (i) | the person knows that they are being made available on the basis mentioned in paragraph (a) or that they might be; and | | (ii) | the person intends that payment will not be made or will not be made in full. [15/2019] |
|
(2) A person who is guilty of an offence under subsection (1) shall on conviction be liable to imprisonment for a term not exceeding 10 years, or to fine, or to both.| Explanation.—The services obtained are not excluded from this section merely because such services also involve the provision of goods or other things. |
| | | A obtains services in the form of air transportation on an airline from Singapore to an overseas destination. A is also served food and beverages on the airline. A has obtained services even though A has also been provided with food and beverages. |
|
|
[15/2019] |
|
|
| Fraudulent deeds and dispositions of property |
| Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors |
| 421. Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors |
| 422. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration |
| 423. Whoever dishonestly or fraudulently signs, executes, or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Dishonest or fraudulent removal or concealment of property or release of claim |
| 424. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
| Fraud by false representation, non-disclosure or abuse of position not connected with contracts for goods or services |
424A.—(1) A person shall be guilty of an offence if he, fraudulently or dishonestly —| (a) | makes a false representation; | | (b) | fails to disclose to another person information which he is under a legal duty to disclose; or | | (c) | abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person. [15/2019] |
| (2) A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)(a), (b) or (c) were material. [15/2019] |
| (3) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both. [15/2019] |
| (4) This section does not apply where the false representation, failure to disclose or abuse of position mentioned in subsection (1) is directly connected with a written or oral contract for the supply of goods or services. [15/2019] |
(5) For the purposes of this section and section 424B —| (a) | “representation” means any representation as to fact or law, including a representation as to the state of mind of the person making the representation, or any other person; | | (b) | a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading; | | (c) | a representation may be express or implied; and | | (d) | a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). [15/2019] |
|
|
| Fraud by false representation, non-disclosure or abuse of position |
424B.—(1) A person shall be guilty of an offence if he, fraudulently or dishonestly —| (a) | makes a false representation; | | (b) | fails to disclose to another person information which he is under a legal duty to disclose; or | | (c) | abuses, whether by act or omission, a position which he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person. |
| (2) A person may be guilty of an offence under subsection (1) whether or not the acts in subsection (1)(a), (b) or (c) were material. |
| (3) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 20 years, or with fine, or with both. |
| (4) This section does not apply to any act mentioned in subsection (1) which would constitute an offence under section 424A. [Act 15 of 2019 wef 28/07/2023] |
|
|
425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.| Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. |
| | Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. |
| | | (a) A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z. A has committed mischief. |
| | (b) [Deleted by Act 51 of 2007] |
| | (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. |
| | (d) A, knowing that his effects are about to be taken in execution, or under or pursuant to an enforcement order, in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. |
| | (e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. |
| | (f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief. |
| | (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. |
|
|
[Act 25 of 2021 wef 01/04/2022] |
| Punishment for committing mischief |
| 426. Whoever commits mischief shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] |
| Punishment for committing mischief causing disruption to key service, etc. |
427.—(1) Whoever commits mischief by doing any act which causes, or which he knows is likely to cause, a disruption to —| (a) | the provision of any key service; or | | (b) | the performance of any duty or function of, or the exercise of any power by the Government or a public agency, |
| shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. |
[15/2019] (2) In subsection (1) —“key service” means any of the following services:| (a) | a service directly related to the provision to the general public of water, sewerage, drainage, gas, electricity, waste collection and disposal, newspapers, broadcasting, telecommunications and other traditional forms of mass media communication (including radio and television services); | | (b) | a search and rescue service, a fire-fighting service, a service providing rapid response to requests for help in a medical emergency, or other health emergency service; | | (c) | a payments clearing and settlement service for payment obligations or securities, a service directly related to the provision to the general public of banking facilities and financial services associated with banking business, a securities trading, clearing and settlement service, and any other like service that is necessary to the financial market or financial institutions in Singapore or the disruption of which would have a widespread adverse effect on the financial system in Singapore or the economy of Singapore, or both; | | (d) | a service directly related to the provision to the general public of health or healthcare services at a hospital, primary care healthcare establishment or other like institution; | | (e) | a service that is critical to ensuring the reliable supply in Singapore of food which is safe and suitable for human consumption; | | (f) | a service directly related to ensuring the provision to the general public of reliable and safe public transport by land, water or air within Singapore or to and from Singapore; | | (g) | any other service that is critical to maintaining public health, the social and economic stability of Singapore or its people, or the defence of Singapore or its national security; |
|
“public agency” means —| (a) | a body corporate or unincorporate established by or under any public Act to perform or discharge a public function, or any part of such a body; or | | (b) | a department or Ministry of the Government or an Organ of State. | | (a) An act which causes damage to enforcement cameras installed in a public place by a statutory board responsible for land transport to detect illegal parking in a public road is an act which causes disruption to the performance of the function of that statutory board. |
| | (b) Unauthorised destruction of the records and files of a department of the Government which role is to promote Singapore as a sound and reputable financial centre is an act which causes disruption to the performance of the function of that department. |
| | (c) An act of mischief which damages an electricity licensee’s power generation facility that is used to supply electricity to a public housing estate, is an act which is likely to cause disruption to a key service even though there is no actual disruption to that power supply. |
|
|
[15/2019] |
|
|
|
| Mischief by killing or maiming any animal |
| 428. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any animal shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. |
| 429. [Repealed by Act 51 of 2007] |
| 430. [Repealed by Act 15 of 2019] |
| 430A. [Repealed by Act 15 of 2019] |
| 431. [Repealed by Act 15 of 2019] |
| 431A. [Repealed by Act 15 of 2019] |
| 432. [Repealed by Act 15 of 2019] |
| 433. [Repealed by Act 15 of 2019] |
| 434. [Repealed by Act 15 of 2019] |
| Mischief by fire or explosive substance with intent to cause damage |
| 435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. |
| Mischief by fire or explosive substance with intent to destroy a house, etc. |
| 436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place for worship, or for the administration of justice, or for the transaction of public affairs, or for education, or art, or for public use or ornament, or as a human dwelling, or as a place for the custody of property, 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. |
| Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden |
| 437. Whoever commits mischief to any decked vessel or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. |
| Punishment for the mischief described in section 437 when committed by fire or any explosive substance |
| 438. Whoever commits or attempts to commit by fire or any explosive substance, such mischief as is described in section 437, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine. [15/2019] |
| Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. |
| 439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. |
| Mischief committed after preparation made for causing death or hurt |
| 440. Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine. |
|
| 441. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”. |
442. Whoever commits criminal trespass by entering into, or remaining in, any building, tent, container or vessel used as a human dwelling, or any building used as a place for worship or as a place for the custody of property, is said to commit “house‑breaking”.| Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-breaking. |
|
|
[15/2019] |
| 443. [Repealed by Act 15 of 2019] |
| 444. [Repealed by Act 15 of 2019] |
| 445. [Repealed by Act 15 of 2019] |
| 446. [Repealed by Act 15 of 2019] |
| Punishment for criminal trespass |
| 447. Whoever commits criminal trespass 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. |
| Punishment for house-breaking |
| 448. Whoever commits house-breaking shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| House-breaking in order to commit an offence punishable with death |
| 449. Whoever commits house-breaking in order to commit any offence punishable with death, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 15 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine. [15/2019] |
| House-breaking in order to commit an offence punishable with imprisonment for life |
| 450. Whoever commits house-breaking in order to commit any offence punishable with imprisonment for life, shall be punished with imprisonment for a term not exceeding 15 years, and shall also be liable to fine. [15/2019] |
| House-breaking in order to commit an offence punishable with imprisonment |
| 451. Whoever commits house-breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [15/2019] |
| House-breaking after preparation made for causing hurt, etc. |
| 452. Whoever commits house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine, or to caning. [15/2019] |
| Possession of house-breaking implements or offensive weapons |
453.—(1) Any person who is found —| (a) | armed with any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, without lawful authority or a lawful purpose; | | (b) | having his face covered or otherwise found disguised with intent to commit any offence; or | | (c) | equipped with any article or instrument for use in the course of or in connection with any house‑breaking, |
| shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and any instrument or article, mentioned in paragraph (a) or (c), found in the possession of that person shall be forfeited. |
[15/2019] | (2) In any prosecution for an offence under subsection (1)(a), it is sufficient for the prosecution to allege and prove that the accused was found to be armed with any instrument mentioned in paragraph (a) and the burden is then on the accused to show that he had lawful authority or a lawful purpose to be so armed. [15/2019] |
(3) An article or instrument is presumed to be carried with lawful authority if it is carried by —| (a) | any member of the Singapore Armed Forces, the Singapore Police Force, the Singapore Civil Defence Force or any auxiliary police force created under any written law; | | (b) | a forensic specialist, civilian police assistant or law enforcement officer acting in the course of his duty as such in accordance with the Police Force Act 2004; | | (c) | any visiting force lawfully present in Singapore under the provisions of any law relating to visiting forces; or | | (d) | any person as part of his official or ceremonial dress on any official or ceremonial occasion. [15/2019] |
|
|
| 454. [Repealed by Act 15 of 2019] |
| 455. [Repealed by Act 15 of 2019] |
| 456. [Repealed by Act 15 of 2019] |
| 457. [Repealed by Act 15 of 2019] |
| 458. [Repealed by Act 15 of 2019] |
| Punishment for subsequent offence under section 449, 450, 451 or 452 |
| 458A. Whoever, having been convicted of an offence under section 449, 450, 451 or 452, commits an offence under section 449, 450, 451 or 452 shall be liable to caning in addition to the punishment prescribed for that offence. [15/2019] |
| Grievous hurt caused while committing house-breaking |
| 459. Whoever, while committing house-breaking, causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years and with caning. [15/2019] |
| House-breaking when death or grievous hurt caused |
| 460. If, at the time of the committing of house‑breaking, any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such house‑breaking, shall be punished with imprisonment for a term of not less than 3 years and not more than 20 years. [15/2019] |
| Dishonestly breaking open any closed receptacle containing or supposed to contain property |
| 461. Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
| Punishment for same offence when committed by person entrusted with custody |
| 462. Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. |
|
|
