Offences affecting
the human body |
299. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. | | (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. |
| | (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. |
| | Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. |
| | Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. |
| | Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. |
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300. Except in the cases hereinafter excepted culpable homicide is murder —| (a) | if the act by which the death is caused is done with the intention of causing death; | | (b) | if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; | | (c) | 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 | | (d) | 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. | | (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. |
| | (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state 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 the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death. |
| | (d) A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. |
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| When culpable homicide is not murder |
| | Exception 1.—Culpable homicide is not murder if the offender whilst deprived of the power of self-control by grave and sudden provocation, 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; |
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| | (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; |
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| | (c) | that the provocation is not given by anything done in the lawful exercise of the right of private defence. |
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| | 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 same gender and age as the offender, sharing such characteristics as would affect the gravity of the provocation and placed in the same situation as the offender, would be deprived of self-control by the provocation. |
| | Explanation 2.—Grave and sudden provocation may be in the form of words, gestures or conduct or any combination of words, gestures or conduct. |
| | | (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. |
| | (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder but merely culpable homicide. |
| | (c) A is lawfully arrested by Z, a police officer. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. |
| | (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. |
| | (e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence. |
| | (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. |
| | (g) A and Z are married to each other. A loses self-control on Z’s provocation and intentionally kills Z soon after the provocation was given. Although the provocation, when viewed in isolation, would not amount to grave and sudden provocation, it was the last of a series of prolonged physical and mental abuse of A by Z. An ordinary person in A’s position would have lost self-control and have done what A did. A has committed only culpable homicide and not murder. |
| | Exception 2.—Culpable 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 |
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| | (b) | to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300(d). |
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| | Exception 3.—Culpable homicide is not murder if the offender, being a public servant, or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant, and without ill will towards the person whose death is caused. |
| | Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and without the offender having taken undue advantage or acted in a cruel or unusual manner. |
| | The above exception 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 in such cases which party offers the provocation or commits the first assault. |
| | Explanation 2.—The word “fight” includes the exchange of blows even if the blows do not land on their target and includes a single blow or punch. |
| | Explanation 3.—The word “premeditation” means the offender’s intention, which was formed prior to the circumstances constituting the sudden fight — |
| | (a) | to cause death in section 300(a) or to cause such bodily injury as is mentioned in section 300(b) or (c); or |
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| | (b) | to do an act knowing that the act is so imminently dangerous in the way mentioned in section 300(d). |
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| | Explanation 4.—A “quarrel” does not require a verbal exchange of words. |
| | | (a) A and Z, who are rival gang members, are in a coffee shop seated at different tables. They mutually stare at each other fiercely without exchanging any words. Z disengages from A by turning away and starts to leave the coffee shop. A sees a cutlery knife on his table which A had earlier used for A’s meal. A picks up the cutlery knife and stabs Z’s throat in the heat of passion. Z falls and dies almost immediately. Although there was a “sudden quarrel” without any exchange of words, Exception 4 does not apply because there was no “fight”, there being no exchange of blows or assault between A and Z. |
| | (b) A had a consensual sexual relationship with Z until Z terminated the relationship. A came to Z’s house and asked Z if Z would have sex with A. Z refused. A became angry and said A would use force, if necessary. A grappled with Z who resisted A’s advances and struck A’s face. Enraged by Z’s resistance, A slams Z into a wall, and Z slumps to the ground. While Z is motionless on the ground, A kicks Z’s head repeatedly and kills Z. Exception 4 does not apply because A had taken undue advantage of Z while Z was lying motionless on the ground. |
| | Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above 18 years of age, suffers death or takes the risk of death with his own consent. |
| | | A and Z, both being persons above 18 years of age, decide to commit suicide together by drinking poison. With Z’s consent, A pours a lethal poison down Z’s throat but after watching Z die, A cannot summon the courage to drink the same poison. A has committed culpable homicide and not murder. |
| | Exception 6.—Culpable homicide is not murder if the offender being a woman voluntarily causes the death of her child being a child below 12 months of age, and at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child. |
| | Exception 7.—Culpable homicide is not murder if at the time of the acts or omissions causing the death concerned, the offender was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development or any inherent causes or induced by disease or injury) as substantially — |
| | (a) | impaired the offender’s capacity — |
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| | (i) | to know the nature of the acts or omissions in causing the death or in being a party to causing the death; or |
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| | (ii) | to know whether such acts or omissions are wrong; or |
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| | [Act 23 of 2021 wef 01/03/2022] |
| | (b) | impaired the offender’s power to control his acts or omissions in causing the death or being a party to causing the death. |
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| | Paragraph (a)(ii) of the above exception applies only if, at the time of the acts or omissions causing the death concerned, there was a substantial impairment of the offender’s capacity to know that the acts or omissions — |
| | (a) | are wrong by the ordinary standards of reasonable and honest persons; and |
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| | (b) | are wrong as contrary to law. |
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[15/2019] [Act 23 of 2021 wef 01/03/2022] |
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| Culpable homicide by causing the death of a person other than the person whose death was intended |
| 301.—(1) If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. [15/2019] | (2) To avoid doubt, in the circumstances mentioned in subsection (1), the accused person may rely on any defence or exception in law as though the accused person had caused the death of the person whose death he intended or knew himself to be likely to cause. [15/2019] |
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| 302.—(1) Whoever commits murder within the meaning of section 300(a) shall be punished with death. [32/2012] | (2) Whoever commits murder within the meaning of section 300(b), (c) or (d) shall be punished with death or imprisonment for life and shall, if he is not punished with death, also be liable to caning. [32/2012] |
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| [There is no section 303.] |
| Punishment for culpable homicide not amounting to murder |
304. Whoever commits culpable homicide not amounting to murder shall —| (a) | if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, be punished with —| (i) | imprisonment for life, and shall also be liable to caning; or | | (ii) | imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; or |
| | (b) | if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death, be punished with imprisonment for a term which may extend to 15 years, or with fine, or with caning, or with any combination of such punishments. [32/2012; 15/2019] |
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| Causing death by rash or negligent act |
304A. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to 5 years, or with fine, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
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| Causing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuse |
| 304B.—(1) A relevant person who causes the death of any child, domestic worker or vulnerable person by sustained abuse shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [15/2019] (2) In this section —| “child” means a person below 14 years of age; |
| “domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4); |
| “neglect” means the failure by a relevant person to provide any or adequate essential care (such as but not limited to food, clothing, medical aid, lodging and other necessities of life) to the extent of causing personal injury or physical pain to, or injury to the physical health of any child, domestic worker or vulnerable person; |
“relevant person” means —| (a) | in the case of a child, a person who has custody, charge or care of the child; | | (b) | in the case of a domestic worker, the employer of the domestic worker, a member of the employer’s household or the employment agent of the domestic worker; and | | (c) | in the case of a vulnerable person, a person who has custody, charge or care of the vulnerable person; |
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“sustained abuse” means a course of conduct which consists of voluntarily causing hurt or knowingly causing neglect, or both, of a child, domestic worker or vulnerable person on —| (a) | 2 or more occasions; or | | (b) | a single occasion if the conduct is protracted; |
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| “vulnerable person” has the meaning given by section 74A(5). [15/2019] |
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| Causing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household |
304C.—(1) A person (A) shall be guilty of an offence if —| (a) | a person below 14 years of age, a domestic worker or a vulnerable person (B) dies as a result of the unlawful act of a person who —| (i) | was a member of the same household as B; and | | (ii) | had frequent contact with B; |
| | (b) | A was a member of the same household as B, and had frequent contact with B at the time of that act; | | (c) | at that time there was a significant risk of grievous hurt being caused to B by the unlawful act of such a person; and | | (d) | either A was the person whose act caused B’s death or —| (i) | A was, or ought to have been, aware of the significant risk mentioned in paragraph (c); | | (ii) | A failed to take such steps as A could reasonably have been expected to take to protect B from the significant risk; and | | (iii) | the unlawful act occurred in circumstances of the kind that A foresaw or ought to have foreseen. [15/2019] |
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| (2) The prosecution does not have to prove whether it is the first alternative element in subsection (1)(d) or the second alternative element (sub‑paragraphs (i), (ii) and (iii) of subsection (1)(d)) that applies. [15/2019] |
| (3) A is not guilty of an offence under this section if A could not have been expected in A’s circumstances to take any such step as is mentioned in subsection (1)(d)(ii). [15/2019] |
| (4) Any person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. [15/2019] |
(5) For the purposes of this section —| (a) | a person is to be regarded as a “member” of a particular household, even if that person does not live in that household, if that person visits it so often and for such periods of time that it is reasonable to regard him as a member of the particular household; | | (b) | where B lived in different households at different times, “the same household as B” refers to the household in which B was living at the time of the act that caused B’s death; | | (c) | an “unlawful” act, other than an act by A, is one that constitutes an offence or would constitute an offence but for being the act of —| (i) | a person below the age specified in section 82; | | (ii) | a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act; | | (iii) | a person entitled to rely on a defence of unsoundness of mind; | | (iv) | a person entitled to rely on a defence of intoxication; or | | (v) | a person entitled to rely on a defence of mistake of fact; |
| | (d) | “domestic worker” and “vulnerable person” have the meanings given by sections 73(4) and 74A(5), respectively; and | | (e) | the circumstances mentioned in subsection (3) include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by any member of the same household as A. [15/2019] |
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| Abetment of suicide or attempted suicide of minor or person who lacks mental capacity |
305.—(1) If any minor or other person who lacks capacity —| (a) | commits suicide, whoever abets the commission of the suicide and who knew or ought reasonably to have known that the person who committed suicide was a minor or a person who lacks capacity, shall be punished with death or imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall, if he is not sentenced to death or imprisonment for life, also be liable to fine; | | (b) | attempts suicide, whoever abets the attempted suicide and who knew or ought reasonably to have known that the person who attempted suicide was a minor or a person who lacks capacity, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine; or | | (c) | attempts suicide and hurt is caused to any person in the course of the attempted suicide, whoever abets the attempted suicide and who knew or ought reasonably to have known that the person who attempted suicide was a minor or a person who lacks capacity, shall be punished with imprisonment for life or with imprisonment for a term which may extend to 20 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine. [15/2019] |
(2) In subsection (1) —| “minor” means a person below 18 years of age; |
| “person who lacks capacity” means a person who lacks capacity to understand the consequences of attempting or committing suicide, as the case may be, from unsoundness of mind, mental incapacity, intoxication, or the influence of any drug or other substance. [15/2019] |
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| Abetment of suicide or attempted suicide |
| 306. If any person attempts or commits suicide, whoever abets the commission of such attempted suicide or suicide shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [15/2019] |
307.—(1) Whoever does any act with the intention of causing death and under such circumstances that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be punished with —| (a) | imprisonment for life and shall also be liable to caning; or | | (b) | imprisonment for a term which may extend to 20 years, and shall also be liable to fine, or to caning or to both. | | (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. |
| | (b) A, with intention of causing the death of a child of tender years, throws the child into a river. A has committed the offence defined by this section, although the death of the child does not ensue. |
| | (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section; and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of this section. |
| | (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section. |
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[15/2019] |
| Other offences by convicts |
| (2) When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death. |
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| Attempt to commit culpable homicide |
308. Whoever does any act with the intention to cause death and under such circumstances that if he by that act caused death he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both; and if hurt is caused to any person by such act, the offender shall be punished with imprisonment for a term which may extend to 15 years, or with fine, or with caning, or with any combination of such punishments. | | A, on grave and sudden provocation, fires a pistol at Z intending to kill Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. |
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[15/2019] |
| Causing death in furtherance of group’s object |
308A.—(1) Any person shall be guilty of an offence who is or acts as a member of a group —| (a) | knowing that the common object of the members of the group is to commit an offence under this Code or any written law; | | (b) | knowing that —| (i) | death or grievous hurt is likely to be caused in furtherance of the group’s common object; or | | (ii) | a deadly weapon, or anything which, used as a weapon of offence, is likely to cause death, is to be used in any manner against another person in the furtherance of that common object; and |
| | (c) | the death of a person was caused in furtherance of the group’s common object. | | Three members of a group including A decide to rob a neighbourhood shop. The group leader, B brings a sharp knife but B reassures A that the knife is only to be used to threaten the shopkeeper, C, and not to harm C. A believes B and takes part in the robbery. C however refuses to surrender his cash to the group. B then stabs C with the knife and C dies from his stab wounds. A is guilty of an offence under this section because A knew that the knife was to be used to threaten another person, C, in furtherance of the group’s common object to commit robbery. |
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[15/2019] |
| (2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for life or imprisonment for a term which may extend to 20 years, and shall also be liable to caning. [15/2019] |
| (3) In subsection (1), “group” has the meaning given by section 2(1) of the Organised Crime Act 2015. [15/2019] |
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| Concealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutions |
308B.—(1) A person shall be guilty of an offence who intentionally or knowingly conceals, desecrates or disposes of a human corpse and by such act impedes or prevents —| (a) | the discovery or identification of a human corpse; or | | (b) | the detection, investigation or prosecution of an offence under this Code or any other written law. [15/2019] |
| (2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 7 years. [15/2019] |
| (3) In this section, “desecrate”, in relation to a human corpse, includes any act committed after the death of a living person including but not limited to dismemberment, disfigurement, mutilation, burning, or any act committed to cause the human corpse in whole or in part to be devoured, scattered or dissipated. [15/2019] |
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| 309. [Repealed by Act 15 of 2019] |
| 310. When any woman by any intentional act or omission causes the death of her child being a child below 12 months of age, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of the offence of infanticide. [15/2019] |
| Punishment for infanticide |
| 311. Whoever commits the offence of infanticide shall be punished at the discretion of the court with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if she is not sentenced to imprisonment for life, also be liable to fine. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
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Causing miscarriage; injuries to
unborn children; exposure of infants;
and concealment of births |
312. Subject to the provisions of the Termination of Pregnancy Act 1974, whoever voluntarily causes a woman with child to miscarry, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the woman’s pregnancy is of more than 16 weeks’ duration as calculated in accordance with section 4 of that Act, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.| Explanation.— A woman who causes herself to miscarry is within the meaning of this section. |
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[15/2019] |
| Causing miscarriage without woman’s consent |
| 313. Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman’s pregnancy is of more than 16 weeks’ duration or not as mentioned in that section, 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] |
| Death caused by act done with intent to cause miscarriage |
314. Subject to the provisions of the Termination of Pregnancy Act 1974, whoever with intent to cause the miscarriage of a woman with child does any act which causes the death of such woman, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above‑mentioned.| Explanation.— It is not essential to this offence that the offender should know that the act is likely to cause death. |
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| Child destruction before, at or immediately after birth |
| 315.—(1) Subject to the provisions of the Termination of Pregnancy Act 1974, whoever, with intent to destroy the life of a child capable of being born alive, by any intentional act causes a child to die before it has an existence independent of its mother or by such act causes the child to die after its birth, shall, unless such act is immediately necessary to save the life of the mother, be punished with imprisonment for a term not exceeding 10 years, or with fine, or with both. [15/2019] | (2) For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of 28 weeks or more shall be prima facie evidence that she was at that time pregnant of a child capable of being born alive. |
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| Causing death of a quick unborn child by an act amounting to culpable homicide |
316. Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. | | A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. |
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| Exposure and abandonment of a child below 12 years of age by parent or person having care of it |
317. Whoever, being the father or mother of a child below 12 years of age, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.| Explanation.— This section is not intended to prevent the trial of the offender for murder or culpable homicide as the case may be, if the child dies in consequence of the exposure. |
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| Concealment of birth by secret disposal of dead body |
| 318. Whoever by secretly burying or otherwise disposing of the dead body of a child, whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
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319. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.| Explanation.— A person is said to cause hurt if he causes another person to be unconscious. |
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320. The following kinds of hurt only are designated as “grievous”:| (a) | emasculation; | | (aa) | death; | | (b) | permanent privation of the sight of either eye; | | (c) | permanent privation of the hearing of either ear; | | (d) | privation of any member or joint; | | (e) | destruction or permanent impairing of the powers of any member or joint; | | (f) | permanent disfiguration of the head or face; | | (g) | fracture or dislocation of a bone; | | (h) | any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits; | | (i) | penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain. |
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| 321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”. |
| Voluntarily causing grievous hurt |
322. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.| Explanation.— A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if, intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. |
| | | A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face but which causes Z to suffer severe bodily pain for the space of 20 days. A has voluntarily caused grievous hurt. |
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| Punishment for voluntarily causing hurt |
| 323. Whoever, except in the case provided for by section 323A or 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to 3 years, or with fine which may extend to $5,000, or with both. [15/2019] |
| Punishment for voluntarily causing hurt which causes grievous hurt |
323A. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is not grievous, but the hurt which he actually causes is grievous, shall be punished with imprisonment for a term which may extend to 5 years, or with fine which may extend to $10,000, or with both. | | At a club, A notices one of A’s friends fighting with Z. A runs towards Z and punches Z in the face intending or knowing himself to be likely to cause minor injuries to Z’s face. Z loses his balance, falls and hits his head against a ledge. Z suffers from severe brain injuries and is permanently paralysed. A did not intend to cause grievous hurt but A’s action has actually caused grievous hurt to Z. |
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[15/2019] |
| Voluntarily causing hurt by dangerous weapons or means |
| 324. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is harmful to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments. [15/2019] |
| Punishment for voluntarily causing grievous hurt |
| 325. Whoever, except in the case provided for by section 323A, 334A or 335, voluntarily causes grievous hurt, 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] |
| Voluntarily causing grievous hurt by dangerous weapons or means |
| 326. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is harmful to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to caning or if he is not sentenced to imprisonment for life, liable to fine. [15/2019] |
| Voluntarily causing hurt to extort property or to constrain to an illegal act |
| 327. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an 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. |
| Causing hurt by means of poison, etc., with intent to commit an offence |
| 328. Whoever administers to, or causes to be taken by, any person any poison or any stupefying or intoxicating substance, or any substance which is harmful to the human body to inhale, swallow or receive into the blood, with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, 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] |
| Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act |
| 329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer, to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. |
| Voluntarily causing hurt to extort confession or to compel restoration of property |
330. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning. | | (a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. |
| | (b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. |
| | (c) A, a customs officer, tortures Z in order to compel him to confess to a pretended offence against the customs laws. A is guilty of an offence under this section. |
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| Voluntarily causing grievous hurt to extort confession or to compel restoration of property |
| 331. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or any person interested in the sufferer, to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. |
| Voluntarily causing hurt to deter public servant from his duty |
| 332. Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning, provided that in exceptional circumstances imprisonment need not be imposed. [15/2019] |
| Voluntarily causing grievous hurt to deter public servant from his duty |
| 333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning. |
| Voluntarily causing hurt on provocation |
| 334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both. [15/2019] |
| Punishment for voluntarily causing hurt on provocation which causes grievous hurt |
| 334A. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation and if the hurt which he intends to cause or knows himself to be likely to cause is not grievous, but the hurt which he actually causes is grievous, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $7,500, or with both. [15/2019] |
| Causing grievous hurt on provocation |
335. Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment for a term which may extend to 6 years, or with fine which may extend to $10,000, or with both.| Explanation.—Sections 334, 334A and 335 are subject to the same provisos as exception 1 of section 300. |
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[Act 23 of 2021 wef 01/03/2022] |
| Allowing neglect, physical or sexual abuse of domestic worker or vulnerable person |
335A.—(1) A person (A) shall be guilty of an offence if —| (a) | a domestic worker (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C); | | (b) | A knew or had reason to believe that B was at risk of such neglect, hurt, grievous hurt, sexual abuse or injury caused by C; | | (c) | A was at the time of the risk mentioned in paragraph (b) the employer of B, a member of B’s employer’s household or an employment agent of B; | | (d) | A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and | | (e) | the act occurred in circumstances of the kind that A foresaw or ought to have foreseen. [15/2019] |
(2) A person (A) shall be guilty of an offence if —| (a) | a vulnerable person (B) suffers neglect, hurt, grievous hurt, sexual abuse or any injury to B’s mental health as a result of the unlawful act of another person (C); | | (b) | A knew or had reason to believe that B was at risk of neglect, hurt, grievous hurt, sexual abuse or injury caused by C; | | (c) | A had, at the time of the risk mentioned in paragraph (b), the custody, charge or care of B; | | (d) | A failed to take such steps as A could reasonably have been expected to take in A’s circumstances to protect B from the risk mentioned in paragraph (b); and | | (e) | the act occurred in circumstances of the kind that A foresaw or ought to have foreseen. [15/2019] |
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(3) For the purposes of this section, “unlawful act”, other than an act by A, is one that constitutes an offence that causes neglect, hurt, grievous hurt or sexual abuse to B or injury to B’s mental health or would constitute such an offence but for being the act of —| (a) | a person below the age specified in section 82; | | (b) | a person of the age specified in section 83 who had not attained sufficient maturity of understanding to judge of the nature and consequence of the act; | | (c) | a person entitled to rely on a defence of unsoundness of mind; | | (d) | a person entitled to rely on a defence of intoxication; or | | (e) | a person entitled to rely on a defence of mistake of fact. [15/2019] |
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| (4) A’s circumstances mentioned in subsections (1)(d) and (2)(d), include but is not limited to A’s past or present experiences of suffering neglect, hurt, grievous hurt, sexual abuse or any injury to A’s mental health as a result of an unlawful act by C. [15/2019] |
(5) Any person who is guilty of an offence under subsection (1) or (2) shall on conviction —| (a) | in the case where death is caused to the domestic worker or vulnerable person, be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $20,000, or with both; and | | (b) | in any other case, be punished with imprisonment for a term which may extend to 4 years, or with fine which may extend to $4,000, or with both. [15/2019] |
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(6) In this section —| “domestic worker”, “employer”, “employment agent” and “member of the employer’s household” have the meanings given by section 73(4); |
| “neglect” has the meaning given by section 304B(2); |
| “sexual abuse” means abuse caused to a victim by the commission of a sexual offence within the meaning of section 2(1) of the Criminal Procedure Code 2010; |
| “vulnerable person” has the meaning given by section 74A(5). [15/2019] |
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| Punishment for act which endangers life or personal safety of others with knowledge or belief that it is likely to cause death |
| 335B. Whoever does any act, that endangers human life or the personal safety of others, knowing or believing that such act is likely to cause death, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. [15/2019] |
| Punishment for act which endangers life or the personal safety of others |
336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both. |
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| Causing hurt by an act which endangers life or the personal safety of others |
337. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both. |
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| Causing grievous hurt by an act which endangers life or the personal safety of others |
338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished —| (a) | in the case of a rash act, with imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both; or | | (b) | in the case of a negligent act, with imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both. |
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| Wrongful restraint and wrongful confinement |
339. Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.| Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. |
| | | A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. |
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340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person. | | (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. |
| | (b) A places men with firearms at the outlets of a building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z. |
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| Punishment for wrongful restraint |
| 341. Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,500, or with both. |
| Punishment for wrongful confinement |
| 342. Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| 343. [Repealed by Act 15 of 2019] |
| 344. [Repealed by Act 15 of 2019] |
| Wrongful confinement of person for whose liberation a writ has been issued |
| 345. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any term of imprisonment to which he may be liable under any other section of this Code. |
| Wrongful confinement in secret |
| 346. Whoever wrongfully confines any person in such a manner as to indicate an intention that the confinement of that person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment for a term which may extend to 2 years, in addition to any other punishment to which he may be liable for such wrongful confinement. |
| Wrongful confinement for the purpose of extorting property or constraining to an illegal act |
| 347. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. |
| Wrongful confinement for the purpose of extorting confession or of compelling restoration of property |
| 348. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. |
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| Criminal force and assault |
349. A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling:| Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following 3 ways: |
| (a) | by his own bodily power; | | (b) | by disposing any substance in such a manner that the motion, or change or cessation of motion, takes place without any further act on his part, or on the part of any other person; | | (c) | by inducing any animal to move, to change its motion, or to cease to move. |
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350. Whoever intentionally uses force to any person, without that person’s consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause, or knowing it to be likely that by the use of such force he will illegally cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. | | (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to cause the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. |
| | (b) Z is riding a horse. A lashes Z’s horse, and thereby causes it to quicken its pace. Here A has caused change of motion to Z by inducing the horse to change its motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. |
| | (c) Z is riding a horse. A, intending to cause hurt to Z, seizes the horse and stops it. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally without Z’s consent, in order to cause the commission of an offence, A has used criminal force to Z. |
| | (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. |
| | (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes, or something carried by Z. Here if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he has done so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. |
| | (f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. |
| | (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force to Z. |
| | (h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z. |
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351. Whoever makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.| Explanation.— Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault. |
| | | (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. |
| | (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. |
| | (c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault. |
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| Punishment for using criminal force otherwise than on grave and sudden provocation |
352. 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. |
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| Using criminal force to deter a public servant from discharge of his duty |
| 353. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both. |
| Assault or use of criminal force to a person with intent to outrage modesty |
| 354.—(1) Whoever assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with caning, or with any combination of such punishments. [Act 23 of 2021 wef 01/03/2022] | (2) Whoever commits an offence under subsection (1) against any person below 14 years of age shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments. |
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| Outraging modesty in certain circumstances |
354A.—(1) Whoever, in order to commit or to facilitate the commission of an offence against any person under section 354, voluntarily causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint, shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and with caning.(2) Whoever commits an offence under subsection (1) —| (a) | in a lift in any building; or | | (b) | against any person below 14 years of age, |
| shall be punished with imprisonment for a term of not less than 3 years and not more than 10 years and with caning. |
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| Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation |
355. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.| Explanation.— This section is subject to the same explanation as section 352. |
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[Act 23 of 2021 wef 01/03/2022] |
| Assault or criminal force in committing or attempting to commit theft of property carried by a person |
| 356. Whoever assaults or uses criminal force on any person, in committing or attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term of not less than one year and not more than 7 years, and shall also be liable to caning. |
| Assault or criminal force in attempting wrongfully to confine a person |
| 357. Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both. |
| Assaulting or using criminal force on grave and sudden provocation |
358. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $1,000, or with both.| Explanation.—This section is subject to the same explanation as section 352. |
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| Kidnapping, abduction, slavery and forced labour |
| 359. Kidnapping is of 2 kinds: kidnapping from Singapore, and kidnapping from lawful guardianship. |
| Kidnapping from Singapore |
| 360. Whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Singapore. |
| Kidnapping from lawful guardianship |
361. Whoever takes or entices any minor below 16 years of age, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.| Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person. |
| | Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. |
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[15/2019] |
| 362. Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person. |
| Punishment for kidnapping |
| 363. Whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. |
| 363A. Whoever abducts any person shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments. |
| Kidnapping or abducting in order to murder |
364. Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning. | | (a) A kidnaps Z from Singapore, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. |
| | (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. |
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| 364A. [Repealed by Act 19 of 2010] |
| Kidnapping or abducting with intent secretly and wrongfully to confine a person |
| 365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. |
| Kidnapping or abducting a woman to compel her marriage, etc. |
| 366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. |
| Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. |
| 367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non‑consensual penile penetration of the anus or mouth, or knowing it to be likely that such person will be so subjected or disposed of, 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] |
| Wrongfully concealing or keeping in confinement a kidnapped person |
| 368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or keeps such person in confinement, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement. |
| 369. [Repealed by Act 15 of 2019] |
| Buying or disposing of any person as a slave |
| 370. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. |
| Habitual dealing in slaves |
| 371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine. |
| Selling minor for purposes of prostitution, etc. |
372. Whoever sells, lets to hire, or otherwise disposes of any person below 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.| Explanation.—When a female below 21 years of age is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. |
|
|
|
| Buying minor for purposes of prostitution, etc. |
373. Whoever buys, hires or otherwise obtains possession of any person below 21 years of age with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.| Explanation.—Any prostitute, or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female below 21 years of age shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. |
|
|
|
| Importing woman for purposes of prostitution, etc. |
373A. Whoever —| (a) | by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Singapore any woman with intent that such woman may be employed or used for the purpose of prostitution; | | (b) | brings, or assists in bringing, into Singapore any woman with intent that such woman may be sold or bought for the purpose of prostitution; or | | (c) | sells or buys any woman for the purpose of prostitution, |
| shall be punished with imprisonment for a term not exceeding 10 years, and shall also be liable to fine. |
|
| Unlawful compulsory labour |
| 374. Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. |
|
375.—(1) Any man who penetrates the vagina of a woman with his penis —| (a) | without her consent; or | | (b) | with or without her consent, when she is below 14 years of age, |
| shall be guilty of an offence. |
(1A) Any man (A) who penetrates, with A’s penis, the anus or mouth of another person (B) —| (a) | without B’s consent; or | | (b) | with or without B’s consent, when B is below 14 years of age, |
| shall be guilty of an offence. |
[15/2019] |
| (2) Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. |
(3) Whoever —| (a) | in order to commit or to facilitate the commission of an offence under subsection (1) or (1A) —| (i) | voluntarily causes hurt to any person; or | | (ii) | puts a person in fear of death or hurt to that person or any other person; |
| | (b) | commits an offence under subsection (1) or (1A) against a person below 14 years of age without that person’s consent; or | | (c) | commits an offence under subsection (1) or (1A) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person, |
| shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning of not less than 12 strokes. |
[15/2019] |
| (4) No man shall be guilty of an offence under subsection (1)(b) or (1A)(b) for an act of penetration against his wife with her consent. [15/2019] |
| (5) Despite section 79, no man shall be guilty of an offence under subsection (1)(a) or (1A)(a) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person was done with consent. [15/2019] |
| (6) No man shall be punished under subsection (3)(b) if he proves that by reason of mistake of fact in good faith, he believed that the act of penetration against a person below 14 years of age was done with consent. [15/2019] |
|
| Sexual assault involving penetration |
376.—(1) [Deleted by Act 23 of 2021 wef 01/03/2021](2) Any person (A) who —| (a) | sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of another person (B); | | (b) | causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or | | (c) | causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B, |
| shall be guilty of an offence if B did not consent to the penetration or if B is below 14 years of age, whether B did or did not consent to the penetration. |
[15/2019] |
| (3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. |
(4) Whoever —| (a) | in order to commit or to facilitate the commission of an offence under subsection (2) —| (i) | voluntarily causes hurt to any person; or | | (ii) | puts any person in fear of death or hurt to himself or any other person; [Act 23 of 2021 wef 01/03/2022] |
| | (b) | commits an offence under subsection (2) against a person below 14 years of age without that person’s consent; or [Act 23 of 2021 wef 01/03/2022] | | (c) | commits an offence under subsection (2) against a person below 14 years of age with whom the offender is in a relationship that is exploitative of that person, |
| shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes. |
[15/2019] [Act 23 of 2021 wef 01/03/2022] |
(5) No person shall be guilty of an offence under subsection (2) —| (a) | for an act of penetration against his or her spouse with the consent of that spouse; or | | (b) | if despite section 79, that person proves that by reason of mistake of fact in good faith, the person believed that B mentioned in those subsections did consent to the penetration and B was not below 14 years of age. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
|
| (6) No person shall be punished under subsection (4)(b) if the person proves that by reason of mistake of fact in good faith, the person believed that the act of penetration against a person below 14 years of age was done with consent. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
|
| Sexual penetration of minor below 16 years of age |
376A.—(1) Any person (A) who —| (a) | penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person below 16 years of age (B); | | (b) | sexually penetrates, with a part of A’s body (other than A’s penis, if a man) or anything else, the vagina or anus, as the case may be, of a person below 16 years of age (B); | | (c) | causes a man below 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or | | (d) | causes a person below 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if a man) or anything else, the vagina or anus, as the case may be, of any person including A or B, |
| shall be guilty of an offence. |
[15/2019] | (1A) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1)(b) read with section 375(3), 375(1A)(a), 375(1A)(b) read with section 375(3), 376(2) (if the victim B is of or above 14 years of age) or 376(2) (if the victim B is below 14 years of age) read with section 376(4). [15/2019] [Act 23 of 2021 wef 01/03/2022] |
(1B) To avoid doubt —| (a) | it is not necessary for the prosecution to prove that B did consent to an act of penetration mentioned in subsection (1); and | | (b) | it is not a defence that B did consent to that act. [15/2019] |
|
(2) Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —| (a) | in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and | | (b) | in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. [15/2019] |
|
| (3) Whoever commits an offence under this section against a person (B) who is below 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. |
| (4) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse. |
|
| Exploitative sexual penetration of minor of or above 16 but below 18 years of age |
376AA.—(1) Any person (A) who is in a relationship that is exploitative of a person of or above 16 years of age but below 18 years of age (B) shall be guilty of an offence if A —| (a) | penetrates, with A’s penis, if A is a man, the vagina, anus or mouth, as the case may be, of B; | | (b) | sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of B; | | (c) | causes B, if a man, to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or | | (d) | causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of any person including A or B. [15/2019] |
(2) For the purposes of subsection (1) —| (a) | it is not necessary for the prosecution to prove that B did or did not consent to the act mentioned in that subsection; and | | (b) | to avoid doubt, it is not a defence that B did consent to that act. [15/2019] |
|
| (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning. [15/2019] |
|
| Commercial sex with minor below 18 years of age |
376B.—(1) Any person who obtains for consideration the sexual services of a person, who is below 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.| (2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is below 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
| (3) No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse. |
(4) In this section, “sexual services” means any sexual services involving —| (a) | sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else; | | (b) | penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis; or | | (c) | touching which is sexual of another person or of himself or herself. [15/2019] |
|
|
| Commercial sex with minor below 18 years of age outside Singapore |
376C.—(1) Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.| (1A) To avoid doubt, any person (A) who does in Singapore, any act involving a person below 18 years of age (B) who is outside Singapore, that would if B were in Singapore constitute an offence under section 376B, shall be guilty of an offence. [15/2019] |
| (1B) Any person who does outside Singapore, any act involving a person below 18 years of age who is in Singapore, that would if done in Singapore constitute an offence under section 376B, shall be guilty of an offence. [15/2019] |
| (2) A person who is guilty of an offence under this section shall be punished with the same punishment with which he would have been punished had he been convicted of an offence under section 376B. [15/2019] |
|
| Tour outside Singapore for commercial sex with minor below 18 years of age |
376D.—(1) Any person who —| (a) | makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; | | (b) | transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or | | (c) | prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct, |
| shall be guilty of an offence. |
| (2) For the purposes of subsection (1)(c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication. |
| (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both. |
|
| Sexual grooming of minor below 16 years of age |
376E.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —| (a) | A intentionally meets B or travels with the intention of meeting B or B travels to attend a meeting with A which A has either initiated or agreed to whether expressly or by implication; and | | (b) | at the time of the acts referred to in paragraph (a) —| (i) | A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence; | | (ii) | B is below 16 years of age; and | | (iii) | A does not reasonably believe that B is of or above 16 years of age. [15/2019] |
|
(2) In subsection (1), “relevant offence” means an offence under —| (a) | section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376EB, 376ED, 376F, 376H, 377(1)(e), (f), (g) or (h), 377B(3), 377BA, 377BB, 377BF, 377BG or 377BH; [Act 23 of 2021 wef 01/03/2022] [Act 39 of 2022 wef 03/01/2023] | | (b) | section 8 of the Children and Young Persons Act 1993; or | | (c) | section 140(1) of the Women’s Charter 1961. [15/2019] |
|
| (3) For the purposes of this section, it is immaterial whether the previous occasion of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore. [15/2019] |
(4) A person who is guilty of an offence under this section shall on conviction —| (a) | in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both; or | | (b) | in any other case, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
|
|
| Exploitative sexual grooming of minor of or above 16 but below 18 years of age |
376EA.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if having met or communicated with another person (B) on at least one previous occasion —| (a) | A intentionally meets B or travels with the intention of meeting B or B travels to attend a meeting with A which A has either initiated or agreed to whether expressly or by implication; and | | (b) | at the time of the acts mentioned in paragraph (a) —| (i) | A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence; | | (ii) | B is of or above 16 but below 18 years of age; | | (iii) | A does not reasonably believe that B is of or above 18 years of age; and | | (iv) | A is in a relationship that is exploitative of B. [15/2019] |
|
(2) In subsection (1), “relevant offence” means an offence under —| (a) | section 354, 354A, 355, 372, 373, 373A, 375, 376, 376AA, 376B, 376C, 376EC, 376EE, 376F, 376G, 376H, 377(1)(e), (f), (g) or (h), 377B(3), 377BA, 377BB, 377BF or 377BL; [Act 23 of 2021 wef 01/03/2022] [Act 39 of 2022 wef 03/01/2023] | | (b) | section 140(1) of the Women’s Charter 1961; or [15/2019] [Act 23 of 2021 wef 01/03/2022] | | (c) | section 7 of the Children and Young Persons Act1.| 1 Section 7 of the Children and Young Persons Act is to be construed as section 8 of the Children and Young Persons Act 1993, according to section 20(1) of the Revised Edition of the Laws Act 1983. |
[Act 23 of 2021 wef 01/03/2022] |
|
| (3) For the purposes of this section, it is immaterial whether the previous occasion of A having met or communicated with B mentioned in subsection (1) took place in or outside Singapore. [15/2019] |
| (4) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
|
| Sexual communication with minor below 16 years of age |
376EB.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B; | | (b) | the communication is sexual; | | (c) | at the time of the communication, B is below 16 years of age; and | | (d) | A does not reasonably believe that B is of or above 16 years of age. [15/2019] |
(2) For the purposes of this section, it is immaterial —| (a) | whether B replied or responded to A’s communication mentioned in subsection (1); and | | (b) | whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication. [15/2019] |
|
(3) A person who is guilty of an offence under this section shall —| (a) | in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; or | | (b) | in any other case, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] |
|
| (4) No person shall be guilty of an offence under this section for any communication with his or her spouse with the consent of that spouse. [15/2019] |
|
| Exploitative sexual communication with minor of or above 16 but below 18 years of age |
376EC.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally communicated with B; | | (b) | the communication is sexual; | | (c) | at the time of the communication, B is of or above 16 but below 18 years of age; | | (d) | A does not reasonably believe that B is of or above 18 years of age; and | | (e) | B is in a relationship with A that is exploitative of B. [15/2019] |
(2) For the purposes of this section, it is immaterial —| (a) | whether B replied or responded to A’s communication mentioned in subsection (1); and | | (b) | whether such communication originated in Singapore provided that either A or B was in Singapore at the time of such communication. [15/2019] |
|
| (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] |
|
| Sexual activity or image in presence of minor below 16 years of age |
376ED.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity; | | (b) | the activity is sexual; | | (c) | A engages in the activity —| (i) | when B is present or is in a place from which A can be observed; | | (ii) | when either A or B is or both are in Singapore; and | | (iii) | knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it; |
| | (d) | B is below 16 years of age; and | | (e) | A does not reasonably believe that B is of or above 16 years of age. [15/2019] |
(2) Any person of or above 18 years of age (A) shall be guilty of an offence if —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally causes B to observe an image; | | (b) | the image is sexual; | | (c) | B is below 16 years of age; | | (d) | A does not reasonably believe that B is of or above 16 years of age; and | | (e) | either A or B is or both are in Singapore. [15/2019] |
|
(3) A person who is guilty of an offence under this section shall —| (a) | in the case where the offence is committed against a victim who is below 14 years of age and A does not reasonably believe that B is of or above that age, be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; or | | (b) | in any other case, be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
|
| (4) No person shall be guilty of an offence under this section against B if B is his or her spouse with the consent of that spouse. [15/2019] |
|
| Exploitative sexual activity or image in presence of minor of or above 16 but below 18 years of age |
376EE.—(1) Any person of or above 18 years of age (A) shall be guilty of an offence if —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally engages in an activity; | | (b) | the activity is sexual; | | (c) | A engages in the activity —| (i) | when B is present or is in a place from which A can be observed; | | (ii) | when either A or B is or both are in Singapore; and | | (iii) | knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it; |
| | (d) | B is of or above 16 but below 18 years of age; | | (e) | A does not reasonably believe that B is of or above 18 years of age; and | | (f) | A is in a relationship with B that is exploitative of B. [15/2019] |
(2) Any person of or above 18 years of age (A) shall be guilty of an offence if —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, A intentionally causes B to observe an image; | | (b) | the image is sexual; | | (c) | B is of or above 16 but below 18 years of age; | | (d) | A does not reasonably believe that B is of or above 18 years of age; | | (e) | A is in a relationship with B that is exploitative of B; and | | (f) | either A or B is or both are in Singapore. [15/2019] |
|
| (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
|
| Procurement of sexual activity with person with mental disability |
376F.—(1) Any person (A) shall be guilty of an offence if —| (a) | A intentionally touches another person (B) or intentionally incites B to touch A or B or another person; | | (b) | the touching is sexual and B consents to the touching; | | (c) | A obtains B’s consent —| (i) | where B is not A’s spouse, by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; or | | (ii) | where B is A’s spouse, by means of a threat made or a deception practised by A for that purpose; |
| | (ca) | B has a mental disability; and | | (d) | A knows or could reasonably be expected to know that B has a mental disability. [15/2019] |
| (2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments. [27/2018] |
(3) If the touching involved —| (a) | penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or | | (b) | penetration of the mouth with the penis, |
| a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to a fine or to caning. |
[27/2018] |
| (4) [Deleted by Act 15 of 2019] |
| (5) For the purposes of this section, “mental disability” means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching. [15/2019] |
|
376G.—(1) Any person (A) of or above 16 years of age who —| (a) | penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B); | | (b) | sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B); | | (c) | causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or | | (d) | causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A, |
| knowing that B is a close family relative, shall be guilty of an offence. |
[15/2019] | (2) For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock). [15/2019] |
| (3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years. [15/2019] |
| (4) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(2) or 376AA(1). [15/2019] [Act 23 of 2021 wef 01/03/2022] |
(5) To avoid doubt —| (a) | it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and | | (b) | it is not a defence that B did consent to that act. [15/2019] |
|
| (6) A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section. [15/2019] |
|
| Procurement of sexual activity by deception or false representation |
376H.—(1) Any person (A) shall be guilty of an offence if —| (a) | A intentionally touches another person (B) or intentionally incites B to —| (i) | touch A or the bodily fluids of A; | | (ii) | touch B; | | (iii) | touch another person (C) or the bodily fluids of C; or | | (iv) | be touched by C; [Act 23 of 2021 wef 01/03/2022] |
| | (b) | the touching is sexual and B consents to the touching; | | (c) | A fraudulently obtains B’s consent by means of deception or false representation practised or made by A for that purpose; | | (d) | the deception or false representation mentioned in paragraph (c) relates to —| (i) | the use or manner of use of any sexually protective measure; or | | (ii) | the risk of B contracting a sexually transmitted disease from the touching; and [Act 23 of 2021 wef 01/03/2022] |
| | (e) | A knows or has reason to believe that the consent was given in consequence of such deception or false representation. [15/2019] |
(2) A person who is guilty of an offence under subsection (1) shall —| (a) | in the case where the sexual touching mentioned in that subsection involved —| (i) | penetration of the vagina or anus (as the case may be) with a part of the body or anything else; or | | (ii) | penetration of the mouth with the penis, |
| be punished on conviction with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or any combination of such punishments; and |
| | (b) | in any other case, be punished on conviction with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] |
|
(3) For the purposes of subsection (1) —| (a) | 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; | | (b) | a representation may be express or implied; and | | (c) | a “sexually protective measure” means —| (i) | where B is female, a device, drug or medical procedure to prevent pregnancy or sexually transmitted diseases as a result of sexual intercourse; or | | (ii) | where B is male, a device, drug or medical procedure to prevent sexually transmitted diseases as a result of sexual intercourse. [15/2019] |
|
|
|
| Sexual penetration, etc., of a corpse |
377.—(1) A person (A) who —| (a) | penetrates, with A’s penis, the vagina, anus or mouth of a human corpse; | | (b) | sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus of a human corpse; | | (c) | causes A’s vagina, anus or mouth to be penetrated by the penis of a human corpse; | | (d) | causes A’s vagina or anus to be sexually penetrated by a part of a human corpse (other than the penis, if the human corpse is that of a deceased man); | | (e) | causes a person (B) to penetrate, with B’s penis (if B is a man), the vagina, anus or mouth of a human corpse, without B’s consent; | | (f) | causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus of a human corpse, without B’s consent; | | (g) | causes B’s vagina, anus or mouth to be penetrated by the penis of a human corpse, without B’s consent; or | | (h) | causes B’s vagina or anus to be sexually penetrated by a part of a human corpse (other than the penis, if the human corpse is that of a deceased man), without B’s consent, |
| shall be guilty of an offence. |
| (2) A person who is guilty of an offence under subsection (1)(a), (b), (c) or (d) shall be punished with imprisonment for a term that may extend to 5 years, or with fine, or with both. |
| (3) A person who is guilty of an offence under subsection (1)(e), (f), (g) or (h) shall be punished with imprisonment for a term that may extend to 20 years, and shall also be liable to fine or to caning. [Act 23 of 2021 wef 01/03/2022] |
|
| 377A. [Repealed by Act 39 of 2022 wef 03/01/2023] |
| Sexual penetration with living animal |
377B.—(1) Any person (A) who —| (a) | penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or | | (b) | causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal, |
| shall be guilty of an offence. |
| (2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
(3) Any person (A) who —| (a) | causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or | | (b) | causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal, |
| shall be guilty of an offence if B did not consent to the penetration. |
|
| (4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. |
|
| Word or gesture intended to insult modesty of any person |
| 377BA. Whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound will be heard, or that such gesture or object will be seen by such person, or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. [15/2019] |
377BB.—(1) Any person (A) shall be guilty of an offence who —| (a) | intentionally observes another person (B) doing a private act without B’s consent; and | | (b) | knows or has reason to believe that B does not consent to being observed. [15/2019] |
(2) Any person (A) shall be guilty of an offence who —| (a) | operates equipment with the intention of enabling A or another person to observe a third person (B) doing a private act without B’s consent; and | | (b) | knows or has reason to believe that B (whether B’s private act was recorded or not) does not consent to A operating equipment with that intention. [15/2019] |
|
(3) Any person (A) shall be guilty of an offence who —| (a) | intentionally or knowingly records another person (B) doing a private act without B’s consent; and | | (b) | knows or has reason to believe that B does not consent to A recording the act. [15/2019] |
|
(4) Any person (A) shall be guilty of an offence who —| (a) | operates equipment without another person’s (B) consent with the intention of enabling A or another person (C) to observe B’s genital region, breasts if B is female, or buttocks (whether exposed or covered) in circumstances where the genital region, breasts, buttocks or underwear would not otherwise be visible; and [Act 23 of 2021 wef 01/03/2022] | | (b) | knows or has reason to believe that B (whether B’s image was recorded or not) does not consent to A operating the equipment with that intention. [15/2019] |
|
(5) Any person (A) shall be guilty of an offence who —| (a) | intentionally or knowingly records without another person’s (B) consent an image of B’s genital region, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genital region, breasts, buttocks or underwear would not otherwise be visible; and [Act 23 of 2021 wef 01/03/2022] | | (b) | knows or has reason to believe that B does not consent to A recording the image. [15/2019] |
|
| (6) Any person (A) who installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling A or another person to commit an offence under subsection (1), (2), (3), (4) or (5) shall be guilty of an offence. [15/2019] |
| (7) Subject to subsection (8), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with caning, or with any combination of such punishments. [15/2019] |
| (8) A person who commits an offence under this section against a person who is below 14 years of age shall on conviction be punished with imprisonment for a term which may extend to 2 years and shall also be liable to fine or to caning. [15/2019] |
| (9) In any proceedings for an offence under this section, where a person (A) has made a recording of another person (B) doing a private act or of B’s genital region, breasts if B is female, or buttocks (whether exposed or covered), in circumstances where the genital region, breasts or buttocks would not otherwise be visible, it is presumed until the contrary is proved that B did not consent to A making the recording. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
|
| Distribution of voyeuristic image or recording |
377BC.—(1) Any person (A) shall be guilty of an offence who —| (a) | intentionally or knowingly distributes an image or recording of another person (B) without B’s consent to the distribution; | | (b) | knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and | | (c) | knows or has reason to believe that B does not consent to the distribution. [15/2019] |
(2) Any person (A) shall be guilty of an offence who —| (a) | intentionally or knowingly has in his possession an image or recording of another person (B) for the purpose of distribution without B’s consent to the distribution; | | (b) | knowing or having reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; and | | (c) | knows or has reason to believe that B does not consent to the distribution. [15/2019] |
|
| (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or any combination of such punishments. [15/2019] |
| (4) Where the image or recording in subsection (1) or (2) is of a person below 14 years of age, a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning. [15/2019] |
|
| Possession of or gaining access to voyeuristic or intimate image or recording |
377BD.—(1) Any person shall be guilty of an offence who has in his possession or has gained access to an image or recording of another person and —| (a) | knows or has reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; or | | (b) | knows or has reason to believe that —| (i) | the image or recording is an intimate image or recording as defined in section 377BE(5); | | (ii) | the possession of or access to the image or recording was without the consent of the person depicted in the image or recording; and | | (iii) | the possession of or access to the image or recording will or is likely to cause humiliation, alarm or distress to the person depicted in the image or recording. [15/2019] |
|
| (2) Subject to subsection (3), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] |
| (3) Where the image or recording mentioned in subsection (1)(a) is of a person below 14 years of age, a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine or to caning. [15/2019] |
(4) For the purposes of subsection (1) —| (a) | a person has in his possession an image or recording of another person that is in electronic form if he controls access to the electronic image or recording, whether or not he has physical possession of the electronic image or recording; and | | (b) | the ways in which a person gains access to an image or recording may include —| (i) | viewing or displaying it by an electronic medium or any other output of the image by an electronic medium; or | | (ii) | communicating, sending, supplying or transmitting the image to himself or herself. [15/2019] |
|
|
|
| Distributing or threatening to distribute intimate image or recording |
377BE.—(1) Any person (A) shall be guilty of an offence who —| (a) | intentionally or knowingly distributes an intimate image or recording of another person (B); | | (b) | without B’s consent to the distribution; and | | (c) | knows or has reason to believe that the distribution will or is likely to cause B humiliation, alarm or distress. [15/2019] |
(2) Any person (A) shall be guilty of an offence who —| (a) | knowingly threatens the distribution of an intimate image or recording of another person (B); | | (b) | without B’s consent to the distribution; and | | (c) | knows or has reason to believe that the threat will or is likely to cause B humiliation, alarm or distress. [15/2019] |
|
| (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any combination of such punishments. [15/2019] |
| (4) A person who commits an offence under subsection (1) or (2) against a person (B) who is below 14 years of age shall on conviction be punished with imprisonment for a term which may extend to 5 years and shall also be liable to fine or to caning. [15/2019] |
(5) In this section, “intimate image or recording”, in relation to a person (B) —| (a) | means an image or recording —| (i) | of B’s genital or anal region, whether bare or covered by underwear; | | (ii) | of B’s breasts if B is female, whether bare or covered by underwear; or | | (iii) | of B doing a private act; and |
| | (b) | includes an image or recording, in any form, that has been altered to appear to show any of the things mentioned in paragraph (a) but excludes an image so altered that no reasonable person would believe that it depicts B. | | (a) A copies, crops, and pastes an image of B’s face onto the image of a body of a person who is engaging in a sexual act. This image has been altered to appear to show that B actually engaged in a sexual act. This is an intimate image. |
| | (b) A pastes an image of B’s face on a cartoon depicting B performing a sexual act on C. No reasonable person would believe that B was performing the sexual act depicted on C. This is not an intimate image. |
|
|
[15/2019] |
|
|
377BF.—(1) Any person (A) shall be guilty of an offence who —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, intentionally exposes A’s genitals; | | (b) | intends that B will see A’s genitals; and | | (c) | does so without B’s consent. [15/2019] |
(2) Any person (A) shall be guilty of an offence who —| (a) | for the purpose of obtaining sexual gratification or of causing another person (B) humiliation, alarm or distress, intentionally distributes to B an image of A’s or any other person’s genitals; | | (b) | intends that B will see A’s or the other person’s genitals; and | | (c) | does so without B’s consent. [15/2019] |
|
| (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to one year, or with fine, or with both. [15/2019] |
| (4) A person who commits an offence under subsection (1) or (2) against a person (B) who is below 14 years of age shall on conviction be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine or to caning. [15/2019] |
|
| Using or involving child in production of child abuse material |
377BG.—(1) Any person shall be guilty of an offence who —| (a) | uses a person who is below 16 years of age for the production of material which he knows or has reason to believe is child abuse material; | | (b) | causes or procures a person of that age to be so used; or | | (c) | having the care or custody of a person of that age, consents to the person being so used or allows the person to be so used. [15/2019] |
| (2) 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 10 years, and shall also be liable to fine or to caning. [15/2019] |
(3) For the purposes of subsection (1) —| (a) | a person may have the care of a person below 16 years of age without necessarily being entitled by law to have the custody of the child; | | (b) | the ways in which material is produced may include —| (i) | filming, printing, photographing, recording, drawing or otherwise generating material; | | (ii) | altering or manipulating material; or | | (iii) | reproducing or copying material; and |
| | (c) | the ways in which a person may be used in the production of material include inviting or encouraging the person to be involved, or offering the person to be involved, in the production of the material. [15/2019] |
|
|
| Producing child abuse material |
| 377BH.—(1) Any person who intentionally produces child abuse material knowing or having reason to believe that the material is child abuse material shall be guilty of an offence. [15/2019] | (2) 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 10 years, and shall also be liable to fine or to caning. [15/2019] |
(3) For the purposes of subsection (1), the ways in which material is produced may include —| (a) | filming, printing, photographing, recording, writing, drawing or otherwise generating material; | | (b) | altering or manipulating material; or | | (c) | reproducing or copying material. [15/2019] |
|
|
| Distributing or selling child abuse material |
377BI.—(1) Any person shall be guilty of an offence who —| (a) | distributes or sells or offers for sale child abuse material or has in the person’s possession child abuse material for the purpose of such distribution, sale or offer for sale; and | | (b) | knows or has reason to believe that the material is child abuse material. [15/2019] |
| (2) 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 7 years, and shall also be liable to fine or to caning. [15/2019] |
|
| Advertising or seeking child abuse material |
377BJ.—(1) Any person shall be guilty of an offence who —| (a) | for the purposes of distributing or selling or offering for sale any child abuse material advertises the material; and | | (b) | knows or has reason to believe that the material is child abuse material. [15/2019] |
(2) Any person shall be guilty of an offence who —| (a) | announces or otherwise makes known by any means any offer or purported offer to acquire, buy or gain access to any child abuse material; and | | (b) | knows or has reason to believe that the material is child abuse material. [15/2019] |
|
| (3) A person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine or to caning. [15/2019] |
(4) In subsection (1), “advertise”, in relation to child abuse material, includes —| (a) | exhibiting, displaying or supplying any advertising material relating to the material; | | (b) | announcing by any means any offer to sell or distribute the material; or | | (c) | distributing or circulating any advertisement relating to the material. [15/2019] |
|
|
| Possession of or gaining access to child abuse material |
377BK.—(1) Any person shall be guilty of an offence who —| (a) | has in the person’s possession or has gained access to child abuse material; and | | (b) | knows or has reason to believe that the material is child abuse material. [15/2019] |
| (2) 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 5 years, and shall also be liable to fine or to caning. [15/2019] |
(3) For the purposes of subsection (1) —| (a) | a person has in the person’s possession child abuse material that is electronic material if the person controls access to the material whether or not the person has physical possession of the electronic material; and | | (b) | the ways in which a person gains access to material may include viewing material or displaying material by an electronic medium or any other output of the material by an electronic medium. | | Y has an online storage account for electronic material accessible with a username and password. Y has control of what is stored in the account and can upload to, copy from or delete material from the account. Y has an electronic folder in the account to which Y uploads and stores electronic child abuse material. Y has in his possession child abuse material. |
|
|
[15/2019] |
|
|
| Exploitation by abusive material of minor of or above 16 but below 18 years of age |
| 377BL.—(1) This section applies only where a person (A) is in a relationship with another person (B) who is of or above 16 but below 18 years of age, that is exploitative of B. [15/2019] | (2) A person (A) who uses B for the production of material which A knows or has reason to believe is abusive material or causes or procures B to be so used shall be guilty of an offence and shall on conviction 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] |
| (3) A person (A) who intentionally produces abusive material of B shall be guilty of an offence and shall on conviction 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] |
| (4) A person (A) who distributes or sells or offers for sale abusive material of B or has in A’s possession abusive material of B for the purpose of such distribution, sale or offer for sale; and knowing or having reason to believe that the material is abusive material of B shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning. [15/2019] |
(5) For the purposes of this section —| (a) | the ways in which material is produced may include —| (i) | filming, printing, photographing, recording, writing, drawing or otherwise generating material; | | (ii) | altering or manipulating material; or | | (iii) | reproducing or copying material; and |
| | (b) | the ways in which a person may be used in the production of material include inviting or encouraging the person to be involved, or offering the person to be involved, in the production of the material. [15/2019] |
|
(6) In this section, “abusive material”, in relation to B, means material that depicts —| (a) | an image of B —| (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 B, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive; or [Act 23 of 2021 wef 01/03/2022] | | (c) | the breasts (whether exposed or covered) of B if B is female, where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive. [15/2019] [Act 23 of 2021 wef 01/03/2022] |
|
|
| Defences to offences relating to intimate image or recording and voyeurism |
377BM.—(1) It is a defence to a charge for an offence under section 377BD of having possession of or gained access to an image or a recording obtained through the commission of an offence under section 377BB or an intimate image or recording mentioned in section 377BD(1)(b) for the accused person to prove that the accused person —| (a) | did not intentionally come into possession of or gain access to the image or recording; and | | (b) | on becoming aware of having come into possession of or gaining access to the image or recording, as soon as it was practicable to do so, took all reasonable steps in the circumstances to cease possession of or access to the image or recording. [15/2019] |
(2) It is a defence to a charge for an offence under section 377BB, 377BC, 377BD or 377BE(1) if —| (a) | the act that is alleged to constitute the offence was done for any of the following purposes without intent to cause injury to the person (B) mentioned in section 377BB(1), (2), (3), (4) or (5), 377BC(1) or (2) or 377BE(1) or the person depicted in the intimate image or recording mentioned in section 377BD(1)(b), and with reasonable cause:| (i) | the prevention, detection, investigation or punishment of any offence; | | (ii) | the conduct of contemplated or pending proceedings in any court or tribunal or to obtain evidence for the purpose of contemplating such proceedings; | | (iii) | safety or national security; and [Act 23 of 2021 wef 01/03/2022] |
| | (b) | the image or recording (if any) obtained through the commission of an offence under section 377BB or the intimate image or recording (if any) mentioned in section 377BD(1)(b) or 377BE(5) was not kept for a period longer than what was reasonably necessary or required for the purposes mentioned in paragraph (a). | | (a) A, a caregiver is concerned that B, an elderly person has been in the toilet for an unusually long period of time. Despite A knocking several times, there is no response from B. As A is concerned for B’s safety, A forcefully opens the toilet door to find B in a state of undress. A has committed no offence as the act was done for the purpose of ensuring B’s safety. |
| | (b) A notices that a stranger is using a mobile phone taking an upskirt photograph of a woman in the mall. A confronts the stranger who flees and drops his mobile phone. A keeps the mobile phone with the upskirt photograph with the intention of reporting the offence to the police. A hands over the phone to the police when he makes the police report. A has committed no offence as the act of possession of the upskirt photograph was done for the purpose of assisting the detection or investigation of the offence. |
|
|
[15/2019] |
|
|
| Defences to child abuse material offences |
377BN.—(1) It is a defence to a charge for an offence of having possession of or gaining access to child abuse material under section 377BK for the accused person to prove that the accused person —| (a) | did not intentionally come into possession of or gain access to child abuse material; and | | (b) | on becoming aware of having come into possession of or gaining access to child abuse material, as soon as it was practicable to do so, took all reasonable steps in the circumstances to cease possession of or access to the material. [15/2019] |
(2) It is a defence to a charge for an offence under sections 377BH to 377BK if —| (a) | the act that is alleged to constitute the offence was done for any of the following purposes without intent to cause injury to the person depicted in the child abuse material and with reasonable cause:| (i) | the prevention, detection, investigation or punishment of any offence; | | (ii) | the conduct of contemplated or pending proceedings in any court or tribunal or to obtain evidence for the purpose of contemplating such proceedings; | | (iii) | safety or national security; and [Act 23 of 2021 wef 01/03/2022] |
| | (b) | the child abuse material or the abusive material, as the case may be, was not kept for a period longer than what was reasonably necessary or required for the purposes mentioned in paragraph (a). [15/2019] |
|
(3) It is a defence to a charge for an offence under sections 377BH to 377BK if the act that is alleged to constitute the offence —| (a) | has a legitimate purpose related to science, medicine, education or art; and | | (b) | did not pose an undue risk of harm to any person below 16 years of age.| Explanation.—An act has a legitimate purpose related to art which reasonable persons would regard as art. |
| | | (a) A university researcher has child abuse material in his possession for the purposes of studying the psychological effects of exposure to such material. The researcher’s possession of the child abuse material has a legitimate purpose. |
| | (b) A is a photo-journalist in a war zone. A takes a photo of a child victim of torture and submits this together with an article on the plight of such children to a news organisation for publication. The taking and sending of the photo has a legitimate purpose. |
|
|
[15/2019] |
|
(4) It is a defence to a charge for an offence under sections 377BH to 377BK if —| (a) | the accused person (A) is below 16 years of age; and | | (b) | the child abuse material that is alleged to constitute the offence is an image of A alone. | | A is 15 years old and takes a photo of herself alone posing in the nude. A stores the photo in her mobile phone. A has not committed the offence of producing or possessing child abuse material. |
|
|
[15/2019] |
|
| (5) To avoid doubt, it is not a defence to a charge for an offence relating to child abuse material under sections 377BG to 377BL that, at the time of the conduct constituting the offence, the accused was under a mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as being, in the circumstances, offensive. [15/2019] |
(6) It is a defence to a charge for the following offences in circumstances where the offender (A) and the person below 16 years of age (B) are married and subject to the following respective conditions:| (a) | an offence under section 377BG(1) or 377BH(1) if the child abuse material —| (i) | involves only A and B in its production; | | (ii) | depicts B only, A and B only, or A only if A is below 16 years of age; and | | (iii) | was produced with B’s consent; |
| | (b) | an offence under section 377BI if the distribution of the child abuse material —| (i) | occurs between A and B only; | | (ii) | involves material depicting B only, A and B only, or A only if A is below 16 years of age; and | | (iii) | was distributed with B’s consent; |
| | (c) | an offence under section 377BJ(2) if the offer to acquire, buy, or gain access to the child abuse material —| (i) | occurs between A and B only; and | | (ii) | involves material depicting B only, A and B only, or A only if A is below 16 years of age; |
| | (d) | an offence under section 377BK(1) if the possession of the child abuse material was with B’s consent and the material depicts B only, A and B only, or A only if A is below 16 years of age. [15/2019] |
|
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| Child abuse material offences outside or partially outside Singapore |
| 377BO.—(1) Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 377BG, 377BH or 377BL(2) or (3), shall be guilty of an offence under section 377BG, 377BH or 377BL(2) or (3), as the case may be. [15/2019] | (2) To avoid doubt, any person (A) who does in Singapore, any act involving a person below 16 years of age (B) and B is outside Singapore, that would if B were in Singapore constitute an offence under section 377BG or 377BH, shall be guilty of an offence under section 377BG or 377BH, as the case may be. [15/2019] |
| (3) Any person who does outside Singapore, any act involving a person below 16 years of age (B) and B is in Singapore, that would if done in Singapore constitute an offence under section 377BG or 377BH, shall be guilty of an offence under section 377BG or 377BH, as the case may be. [15/2019] |
| (4) Subsections (5) and (6) apply only where A is in a relationship that is exploitative of B. [15/2019] |
| (5) To avoid doubt, any person (A) who does in Singapore, any act involving a person who is of or above 16 but below 18 years of age (B) and B is outside Singapore, that would if B were in Singapore constitute an offence under section 377BL(2) or (3), shall be guilty of an offence under section 377BL(2) or (3), as the case may be. [15/2019] |
| (6) Any person (A) who does outside Singapore, any act involving a person who is of or above 16 but below 18 years of age (B) and B is in Singapore, that would if done in Singapore constitute an offence under section 377BL(2) or (3), shall be guilty of an offence under section 377BL(2) or (3), as the case may be. [15/2019] |
(7) To avoid doubt, any person who does in Singapore an act which is a physical element of an offence under section 377BG, 377BH or 377BL(2) or (3) shall be guilty of an offence under section 377BG, 377BH or 377BL(2) or (3), as the case may be, if all the fault elements and physical elements of the offence are proven even though other physical elements of the same offence occurred outside Singapore. | | (a) A, a citizen or a permanent resident of Singapore, films in a foreign country a video recording of child abuse material involving a person below 16 years of age (B). B is in that foreign country during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(1). |
| | (b) A, who is in Singapore, uses remote video facilities to film a video recording of child abuse material involving a person below 16 years of age (B). B is in a foreign country during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(2). |
| | (c) A, who is in a foreign country and is not a citizen or a permanent resident of Singapore, uses remote video facilities to film a video recording of child abuse material involving a person below 16 years of age (B). B is in Singapore during the filming. A is guilty of an offence under section 377BG or 377BH read with section 377BO(3). |
| | (d) A, who is in Singapore, uses computer software to alter and reproduce child abuse material which was not filmed in Singapore. The child abuse material is not stored in Singapore but in a computer server in a foreign country which A accesses through A’s computer in Singapore. A is guilty of an offence under section 377BH read with section 377BO(7). |
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[15/2019] |
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| 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] |
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“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; |
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| “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; |
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| “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; |
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| “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. | | 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. |
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[15/2019] |
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| Meaning of exploitative relationship |
377CA.—(1) For the purposes of sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D, whether an accused person’s relationship with a person below 18 years of age (called in this section a minor) is exploitative of the minor is to be determined by the court in the circumstances of each case and the court must have regard to the following in making such determination:| (a) | the age of the minor; | | (b) | the difference between the age of the accused person and the minor; | | (c) | the nature of the relationship; | | (d) | the degree of control or influence exercised by the accused person over the minor. [15/2019] |
(2) For the purposes of subsection (1) and subject to subsection (3), it is presumed until the contrary is proved that an accused person’s relationship with a minor is exploitative where the relationship is any of the following:| (a) | the accused person is the parent, step‑parent, guardian or foster parent of the minor; | | (b) | the accused person is the de facto partner of the parent, guardian or foster parent of the minor; | | (c) | the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student; | | (d) | the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor; | | (e) | the accused person is a custodial officer of an institution in which the minor is detained; | | (f) | the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person; | | (g) | the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person. [15/2019] |
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| (3) The presumption in subsection (2) does not apply to a person who is lawfully married to a minor even though the relationship may fall within any of the relationships mentioned in subsection (2). [15/2019] |
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| Consent given under misconception in sexual offences |
377CB.—(1) Despite section 90(a)(ii), a consent for the purposes of an act which is the physical element of a sexual offence is not a consent given by a person under a misconception of fact only if it is directly related to —| (a) | the nature of the act, namely that it is not of a sexual nature; | | (b) | the purpose of the act, namely that it is not for a sexual purpose; or | | (c) | the identity of the person doing the act, |
| and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such misconception. |
[15/2019] (2) In subsection (1) —| “sexual” has the meaning given by section 377C(3); |
“sexual offence” means any offence where the physical element of the offence under this Code or any other written law involves an act of a sexual nature and includes but is not limited to any offence under sections 375 to 377BN. | | (a) A deceives B into allowing him to penetrate her vagina by inducing the misconception that he is extracting an evil spirit from B’s body. B believes A and thinks that what she has consented to is a procedure to extract an evil spirit, not sexual intercourse. B has given her consent under a misconception as to the sexual nature of the act. B’s apparent consent is therefore not a valid consent. |
| | (b) A deceives B into believing that he can heal B’s chronic disease by treatment involving sexual penetration. B gives her consent under the misconception that the act is treatment for a health purpose and not for a sexual purpose. B’s apparent consent is therefore not a valid consent. |
| | (c) A deceives B into believing that A is her husband. A is an imposter. B consents to sexual intercourse with A because she believes A is her husband. B’s consent is given under a misconception of the identity of A and is therefore not a valid consent. |
| | (d) A deceives B into believing that A is an influential movie director. A is in fact only an administrative assistant to that movie director. B consents to sexual intercourse with A because she believes A is that movie director. B’s misconception is as to A’s attributes and not of A’s identity. B’s consent is therefore a valid consent. |
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[15/2019] |
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| Mistake as to age in sexual offences |
| 377D.—(1) Subject to subsections (2) and (3) and despite section 79, a reasonable mistake as to the age of a person cannot be a defence to any charge for a sexual offence. [15/2019] | (2) The presence of a reasonable mistaken belief that a minor was of or above 18 years of age is a valid defence to a charge for a sexual offence where the fact that a minor is of or above 16 years of age but below 18 years of age is a physical element of the offence. [15/2019] |
(3) For the purposes of subsection (2), the defence under that subsection is no longer available if at the time of the offence, the person charged with that offence —| (a) | has previously been charged in court for an offence under section 375(1)(b), 375(1A)(b), 376(1) as in force before its deletion by section 23(a) of the Criminal Law (Miscellaneous Amendments) Act 2021 (if the victim B is below 14 years of age), 376(2) (if the victim B is below 14 years of age), 376A, 376AA, 376B, 376C, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL or section 8 of the Children and Young Persons Act 1993 or section 140(1)(i) or 145(1) of the Women’s Charter 1961; or [Act 23 of 2021 wef 01/03/2022] | | (b) | failed to take all reasonable steps to verify that the minor was of or above 18 years of age.| Explanation.—The fact that the minor was observed to be participating in activities which are restricted to persons of or above 18 years of age, such as smoking a cigarette or admission to premises with access restricted to persons of or above 18 years of age (such as a nightclub) is neither sufficient to constitute a reasonable basis for the mistaken belief nor reasonable steps to verify that minor’s age. |
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[15/2019] |
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| (4) In this section, “sexual offence” has the meaning given by section 377CB. [15/2019] |
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