Penal Code 1871

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Current version
as at 15 Aug 2024

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... Criminal trespass...

... Punishment for criminal trespass 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. ...

441 Criminal trespass

... Criminal trespass 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 House-breaking

... House-breaking 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 ...

97 Right of private defence of the body and of property

... Right of private defence of the body and of property Every person has a right, subject to the restrictions contained in sections 98 and 106A, to defend — his own body, and the body of any other person, against any offence affecting the human body; the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 15/2019 ...

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 ...

106 When such right extends to causing any harm other than death

... When such right extends to causing any harm other than death If the offence, the committing or the attempt to commit of which occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions mentioned in section 105, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the wrongdoer of any harm other than death. 15/2019 ...

378 Theft

... 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...

Criminal trespass

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”.

House-breaking

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.

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