Penal Code 1871

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as at 16 Jun 2024

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104 Commencement and continuance of right of private defence of property

... Commencement and continuance of right of private defence of property The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence. 15/2019 The right of private defence of property against theft continues till — the offender has effected his retreat with the property; the assistance of a public authority is obtained; or the property has been recovered. 15/2019 The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. 15/2019 The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. 15/2019 The right of private defence of property against house-breaking continues as long as such house-breaking continues. 15/2019 ...

106A Acts against which there is no right of private defence

... Acts against which there is no right of private defence There is no right of private defence against an act which does not cause the defender to reasonably believe that death or grievous hurt would result, if done, or attempted to be done, by a public servant acting in good faith under the actual or apparent authority of his office, though that act may not be strictly justifiable by law. 15/2019 There is no right of private defence against an act which does not cause the defender to reasonably believe that death or grievous hurt would result, if done, or attempted to be done, by the direction of a public servant acting in good faith under the actual or apparent authority of the public servant's office, though that direction may not be strictly justifiable by law. Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant. Explanation 2.—A person ( A ) is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless A knows, or has reason to believe, that the person doing the act ( B ) is acting by such direction; or unless B states the authority under which B acts, or, if B has authority in writing, unless B produces such authority, if demanded. 15/2019 ...

102 When right of private defence of body extends to causing death

... When right of private defence of body extends to causing death The right of private defence of the body extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the assailant, if the offence which gives rise to the exercise of the right is of any of the following descriptions: an assault where the defender reasonably believes that death will otherwise be the consequence of such assault; an assault where the defender reasonably believes that grievous hurt will otherwise be the consequence of such assault; an assault that the defender reasonably believes to be done with the intention of committing rape as described in section 375 or causing such rape to be committed; an assault that the defender reasonably believes to be done with the intention of causing penile penetration of the vagina, anus or mouth as described in section 376(2); Act 23 of 2021 wef 01/03/2022 an assault that the defender reasonably believes to be done with the intention of kidnapping or abducting; an assault that the defender reasonably believes to be done with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to believe that he will be unable to have opportunity for recourse to a public authority for his release. 15/2019 ...

352 Punishment for using criminal force otherwise than on grave and sudden provocation

... Punishment for using criminal force otherwise than on grave and sudden provocation 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. 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 offender knows or has reason to believe that 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 [Act 23 of 2021 wef 01/03/2022] if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. ...

300 Murder

..., causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident.      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 offender did not know and had no reason to believe that the provocation was 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.       Explanation 1.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact, having regard to whether an ordinary person of the...
... homicide is not murder if the offender, in the exercise 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.       Explanation .—The word premeditation means the offender's intention, which was formed prior to the circumstances which gave rise to the act of private defence — ( a ) to cause death in section 300( a ) or to cause such bodily injury as is mentioned in section 300( b ) or ( c ); or ( b ) to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300( d ).      Exception 3.—Culpable homicide is not murder if the offender, being a public servant, or aiding a public...
... is subject to the proviso that the offender did not know and had no reason to believe that the person whose death was caused was acting in obedience to the law, or was a public servant acting in the lawful exercise of the powers of such public servant.      Explanation 1 .— It is immaterial...
... the death of the person to whom the harm is caused; 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 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. Illustrations      ( a )   A shoots Z with the...
... 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...

26G "Transferred fault"

... Transferred fault This section applies to any offence under this Code or any other written law where a fault element of the offence is intention or knowledge, except where section 301(1) applies to that offence. 15/2019 Where all the fault elements and physical elements of the offence have been proven in respect of an accused person, and assuming no defence or exception applies, the accused person shall be guilty of the offence despite the following circumstances: the physical elements of the offence included the doing of an act or the causing of an effect concerning a person or thing; at the time such act or effect was done or caused, the accused person believed or intended that the act or effect would concern a person or thing different from the person or thing mentioned in paragraph ( a ). 15/2019 Subsection (2) applies only where the accused person did or caused the physical elements in subsection (2)( a ) negligently in respect of the person or thing mentioned in that subsection. Illustrations ( a ) A throws a stone at B intending to hurt B (but not intending, knowing or having reason to believe that anyone else would be hurt), but the stone hurts C . A commits an offence of voluntarily causing hurt in respect of C if A threw the stone negligently in respect of C . ( b ) A throws a stone at a porcelain vase intending to cause loss to its owner, B (but not intending or knowing it likely that A would cause wrongful loss or damage in respect of any other property), but the stone damages a clay pot belonging to C . A commits mischief in respect of C if A threw the stone negligently in respect of C . ( c ) A threatens injury to B 's person by shouting...
... requirement to prove all the fault elements of an offence in order for guilt to be established for that offence. Illustrations ( a ) A throws a stone at B intending to hurt B (but not intending or not knowing that A is likely to cause wrongful loss or damage in respect of any property), but the stone hits a porcelain vase. A does not commit mischief in respect of the vase. This is because A did not possess the fault element required to commit mischief. ( b ) A throws a stone at B intending to hurt B (but not intending, knowing or having reason to believe that anyone else would be hurt), but the stone hurts P , a police officer in discharge of his duty. A commits an offence of voluntarily causing hurt against P . A does not commit an offence of voluntarily causing hurt to P in the discharge of P 's duty as a public servant because A did not possess the fault element required to commit this offence. ( c ) A throws a stone at B intending to hurt B (but not intending or not knowing that A is likely to cause grievous hurt), but the stone causes grievous hurt to C . A commits an offence against C of voluntarily causing hurt...

377C Interpretation of sections 375 to 377BO (sexual offences)

... relation to it (or both) it is sexual; references to observation (however expressed) are to observation whether direct or by looking at an image; a person is doing a private act if under circumstances in which the person has a reasonable expectation of privacy, the person — is in a state where the person's genital region, buttocks or breasts (if the person is a female) are exposed or covered only in underwear; Act 23 of 2021 wef 01/03/2022 is using a toilet, showering or bathing; or is doing a sexual act that is not of a kind ordinarily done in public...
... image of any of the following: a person who is, or who appears to a reasonable observer to be, or who is implied to be, below 16 years of age — as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual); as a victim of sexual abuse; engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or in the presence of another person who is engaged in, or apparently engaged in a sexual pose or sexual activity; the genital region or buttocks (whether exposed or covered) of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a person below 16 years of age, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive; Act 23 of 2021 wef 01/03/2022 the breasts (whether exposed or covered) of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a female below 16 years of age, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive; Act 23 of 2021 wef 01/03/2022 distribute includes any of the following conduct, whether done in person, electronically, digitally or in any other way: send, publish, supply, show, exhibit, transmit or communicate to another person; make available for viewing or access by another person; image means a still, moving, recorded or unrecorded image and includes an image produced by any means and, where the context requires, a three-dimensional image; image , in relation to a person, means an image of a human being that is not fictional or imaginary but includes an image that so closely resembles that of a human being as to make it difficult for an ordinary person to distinguish it from an image of a human being that is not fictional or imaginary; material means — any film, photograph, printed matter or computer game depicting an image; any electronic record depicting an image; or any other thing of any kind depicting an image; structure includes a tent, vehicle or vessel or other temporary or movable structure; touching includes touching — with any...

Interpretation of sections 375 to 377BO (sexual offences)

377C.—(1) In this section and in sections 375 to 377BO —

“buttocks”, in relation to a person, includes the anal region of the person;

[Act 23 of 2021 wef 01/03/2022]

“child abuse material” means material that depicts an image of any of the following:

(a)

a person who is, or who appears to a reasonable observer to be, or who is implied to be, below 16 years of age —

(i)	as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);
(ii)	as a victim of sexual abuse;
(iii)	engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or
(iv)	in the presence of another person who is engaged in, or apparently engaged in a sexual pose or sexual activity;

(b)

the genital region or buttocks (whether exposed or covered) of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a person below 16 years of age, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;

[Act 23 of 2021 wef 01/03/2022]

(c)

the breasts (whether exposed or covered) of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a female below 16 years of age, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;

[Act 23 of 2021 wef 01/03/2022]

“distribute” includes any of the following conduct, whether done in person, electronically, digitally or in any other way:

(a)	send, publish, supply, show, exhibit, transmit or communicate to another person;
(b)	make available for viewing or access by another person;

“image” means a still, moving, recorded or unrecorded image and includes an image produced by any means and, where the context requires, a three‑dimensional image;

“image”, in relation to a person, means an image of a human being that is not fictional or imaginary but includes an image that so closely resembles that of a human being as to make it difficult for an ordinary person to distinguish it from an image of a human being that is not fictional or imaginary;

“material” means —

(a)	any film, photograph, printed matter or computer game depicting an image;
(b)	any electronic record depicting an image; or
(c)	any other thing of any kind depicting an image;

“structure” includes a tent, vehicle or vessel or other temporary or movable structure;

“touching” includes touching —

(a)	with any part of the body;
(b)	with anything else; or
(c)	through anything,

and includes penetration of the vagina or anus, as the case may be, with a part of the body or anything else and penetration of the mouth with the penis;

“vagina” includes vulva.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

(2) For the purposes of the definition of “distribute” in subsection (1), a person is treated as having distributed an image or recording whether or not another person views or gains access to the image.

[15/2019]

(3) In sections 375 to 377BO —

(a)

penetration is a continuing act from entry to withdrawal;

(b)

a reference to a part of the body includes a reference 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 1965 at the time the sexual activity took place is prima facie evidence of the sex of that person; and
(ii)	a person who has undergone a sex reassignment procedure is identified as being of the sex to which that person has been reassigned;

(d)

penetration, touching, communication 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)

references to observation (however expressed) are to observation whether direct or by looking at an image;

(f)

a person is doing a private act if under circumstances in which the person has a reasonable expectation of privacy, the person —

(i)

is in a state where the person’s genital region, buttocks or breasts (if the person is a female) are exposed or covered only in underwear;

[Act 23 of 2021 wef 01/03/2022]

(ii)

is using a toilet, showering or bathing; or

(iii)

is doing a sexual act that is not of a kind ordinarily done in public .

Illustration

A is showering in an open-concept shower cubicle at the changing room of a swimming pool and cannot reasonably expect not to be casually observed. However, A has a reasonable expectation that A will not be surreptitiously recorded by a video camera.

[15/2019]

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