| Definitions in this Code to be understood subject to exceptions |
6. Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapters entitled “General Exceptions” and “Right of Private Defence”, though those exceptions are not repeated in such definition, penal provision or illustration. | | (a) The sections in this Code which contain definitions of offences, do not express, that a child below 10 years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child below 10 years of age”. |
| | (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”. |
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[15/2019] |
| Definitions to apply to this Code and other written law |
| 6A. Every definition of a word or expression which is explained in sections 22A to 26H (except the definitions of “dishonestly” and “fraudulently” in sections 24 and 25, respectively) applies to any offence in this Code or in any other written law unless that written law expressly provides for a definition or explanation of that same word or expression. [15/2019] |
| Expression once explained is used in the same sense throughout this Code |
| 7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation. |
| 8. The pronoun “he” and its derivatives are used of any person, whether male or female. |
| 9. Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number. |
| 10. The word “man” denotes a male human being of any age; “woman” denotes a female human being of any age. |
| 11. The word “person” includes any company or association or body of persons, whether incorporated or not. |
| 12. The word “public” includes any class of the public or any community. |
| [There are no sections 13 to 16.] |
| 17. The word “Government” includes any person lawfully performing executive functions of the Government under any law. |
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| [There is no section 18.] |
19. The word “judge” denotes not only every person who is officially designated as a judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment. | | (a) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge. |
| | (b) Officers holding an inquiry as to the loss of a ship under the Merchant Shipping Act 1995 are judges. |
| | (c) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a judge. |
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| 20. The words “court of justice” denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially. |
21.—(1) The words “public servant” denote a person falling under any of the following descriptions:| (a) | every officer in the Singapore Armed Forces; | | (b) | every judge; | | (c) | every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, or to conduct mediation or other alternative dispute resolution process under any written law, and every person specially authorised by a court of justice to perform any of such duties; [Act 18 of 2023 wef 31/01/2024] | | (d) | every assessor assisting a court of justice or public servant; | | (e) | every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority; | | (f) | every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; | | (g) | every officer of the Government and every officer or employee of a body corporate established by a public Act for the purposes of a public function whose duty, as such officer or employee, is any of the following:| (i) | maintaining law and order; | | (ii) | preserving the public peace; | | (iii) | preventing and detecting offences; | | (iv) | apprehending offenders or otherwise bringing offenders to justice; | | (v) | executing summonses, subpoenas, orders to attend court, warrants, commitments and other legal processes issued by a court or Justice of the Peace; [Act 25 of 2021 wef 01/04/2022] | | (vi) | maintaining order in the premises of the courts of justice; | | (vii) | escorting and guarding prisoners and accused persons in remand; | | (viii) | protecting the public health or safety or prevention of public inconvenience; |
| | (h) | every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty; | | (i) | a member of the Public Service Commission, the Judicial Service Commission or the Legal Service Commission; [Act 33 of 2021 wef 14/01/2022] | | (j) | every person (other than a person mentioned in paragraph (g)) who is employed to carry out any of the duties, mentioned in paragraph (g)(i) to (vii), on behalf of the Government or a body corporate established by a public Act for the purposes of a public function, when that person is performing such duties.| Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not. |
| | Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. |
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[19/2016; 15/2019] |
| (2) Despite subsection (1), the words “public servant” in sections 175, 178, 179, 180 and 228 does not include a judge as defined in the Administration of Justice (Protection) Act 2016. [19/2016] |
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22. In this Code —| “immovable property” means land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; |
| “movable property” includes property of every description, except immovable property; |
| “property” means money and all other property, movable or immovable, including things in action, other intangible or incorporeal property and virtual currency; |
“virtual currency” means a digital representation of value in money or money’s worth that can be digitally traded and functions as a medium of exchange, a unit of account or store of value, regardless of whether it is legal tender in any country or territory including Singapore. | | Writings, relating to real or personal property or rights, are movable property. |
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[15/2019] |
|
| “Fault element” and “physical element” |
| 22A.—(1) A fault element of an offence refers to any state of mind, proof of which is needed to establish liability under that offence, including but not limited to intention, wilfulness, knowledge, rashness and negligence. [15/2019] | (2) A physical element of an offence refers to any fact, proof of which is needed to establish liability under that offence, and that is not a fault element of that offence. [15/2019] |
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| “Wrongful gain” and “wrongful loss” |
| 23.—(1) A “wrongful gain” is gain by unlawful means of property to which the person gaining it is not legally entitled or avoidance by unlawful means of a loss of property to which the person avoiding it is not legally entitled to avoid. [15/2019] (2) A “wrongful loss” is loss or exposure of risk to a loss by unlawful means of property to which the person losing it or exposed to the risk of losing it is legally entitled.| Explanation 1.—A person is said to gain wrongfully when the person retains wrongfully, as well as when the person acquires wrongfully. A person is said to lose wrongfully when the person is wrongfully kept out of any property, as well as when the person is wrongfully deprived of property. |
| | Explanation 2.—The word “gain” includes a gain by keeping what one has, as well as a gain by getting what one does not have. |
| | Explanation 3.—The word “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has. |
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[15/2019] |
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24. A person (A) is said to do an act dishonestly if —| (a) | A does that act with the intention of causing wrongful gain to A or another person, or wrongful loss to another person, regardless of whether such gain or loss is temporary or permanent; or | | (b) | that act done by A is dishonest by the ordinary standards of reasonable and honest persons and A knows that that act is dishonest by such standards. [15/2019] |
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25. A person (A) is said to do an act fraudulently if A does that act with intent to deceive another person (B) and by means of such deception, that an advantage should accrue to A or another person or detriment should befall B or another person (other than A), regardless of whether such advantage or detriment is temporary or permanent.| Explanation 1.—Where the advantage or the detriment A intended by means of the act done is so slight that no reasonable person of ordinary sense or temper would complain of it, the act is not done fraudulently. |
| | Explanation 2.—It is sufficient in any charge for an offence under this Code involving doing an act fraudulently to allege a general intent to act fraudulently without naming any particular person intended to be deceived. |
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[15/2019] |
| 26. A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing, but not otherwise. |
26A. A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. | | A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by this act; yet, if he knew that he was likely to cause death, he has caused death voluntarily. |
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[15/2019] |
| 26B. Nothing is said to be done or believed in good faith which is done or believed without due care and attention. [15/2019] |
| 26C.—(1) A person is said to do an act intentionally where that person does an act deliberately. [15/2019] (2) A person is said to cause an effect intentionally where that person does anything that causes an effect —| (a) | with the purpose of causing that effect; or | | (b) | knowing that that effect would be virtually certain (barring an unforeseen intervention) to result. [15/2019] |
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| (3) To avoid doubt, a person does not intend or foresee a result of his acts by reason only of it being a natural and probable consequence of those acts. [15/2019] |
(4) To avoid doubt, nothing in this section prevents a court from relying on a person’s foresight that a certain effect was a probable consequence of his act as a basis to draw an inference that the person caused that effect intentionally.| Explanation.—Intention is distinct from motive or desire, and a person may do an act or cause an effect intentionally even if doing so was not his motive or he had no desire to do so. |
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[15/2019] |
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| 26D.—(1) Whoever does an act with awareness that a circumstance exists, will exist, or is virtually certain (barring an unforeseen intervention) to exist, is said to do that act knowingly in respect of that circumstance. [15/2019] | (2) Whoever does an act with awareness that an effect will be caused, or is virtually certain (barring an unforeseen intervention) to be caused, is said to do that act knowingly in respect of that effect. [15/2019] |
| (3) Where doing an act knowingly is a fault element of an offence, that fault element is also established where that act is done intentionally or with wilful blindness. [15/2019; 2/2020] |
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| 26E.—(1) Whoever does any act knowing that there is a real risk that a particular circumstance exists or will exist is said to do that act rashly in respect of that particular circumstance, if it would have been unreasonable to have taken that risk. [15/2019] | (2) Whoever does any act knowing that there is a real risk that an effect will be caused is said to do that act rashly in respect of that effect, if it would have been unreasonable to have taken that risk. [15/2019] |
| (3) Where doing an act rashly is a fault element of an offence, that fault element is also established where that act is done intentionally or knowingly. [15/2019] |
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| 26F.—(1) Whoever omits to do an act which a reasonable person would do, or does any act which a reasonable person would not do, is said to do so negligently. [15/2019] | (2) Where doing an act negligently is a fault element of an offence, that fault element is also established where that act is done intentionally, knowingly or rashly. [15/2019] |
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| 26G.—(1) This section applies to any offence under this Code or any other written law where a fault element of the offence is intention or knowledge, except where section 301(1) applies to that offence. [15/2019] (2) Where all the fault elements and physical elements of the offence have been proven in respect of an accused person, and assuming no defence or exception applies, the accused person shall be guilty of the offence despite the following circumstances:| (a) | the physical elements of the offence included the doing of an act or the causing of an effect concerning a person or thing; | | (b) | at the time such act or effect was done or caused, the accused person believed or intended that the act or effect would concern a person or thing different from the person or thing mentioned in paragraph (a). [15/2019] |
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(3) Subsection (2) applies only where the accused person did or caused the physical elements in subsection (2)(a) negligently in respect of the person or thing mentioned in that subsection. | | (a) A throws a stone at B intending to hurt B (but not intending, knowing or having reason to believe that anyone else would be hurt), but the stone hurts C. A commits an offence of voluntarily causing hurt in respect of C if A threw the stone negligently in respect of C. |
| | (b) A throws a stone at a porcelain vase intending to cause loss to its owner, B (but not intending or knowing it likely that A would cause wrongful loss or damage in respect of any other property), but the stone damages a clay pot belonging to C. A commits mischief in respect of C if A threw the stone negligently in respect of C. |
| | (c) A threatens injury to B’s person by shouting at B the words, “B, I will kill you”, with intent to cause alarm to B. C hears these words and is alarmed. A does not commit the offence of criminal intimidation against C as A did not threaten C with any injury. |
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[15/2019] |
(4) To avoid doubt, nothing in this section affects the requirement to prove all the fault elements of an offence in order for guilt to be established for that offence. | | (a) A throws a stone at B intending to hurt B (but not intending or not knowing that A is likely to cause wrongful loss or damage in respect of any property), but the stone hits a porcelain vase. A does not commit mischief in respect of the vase. This is because A did not possess the fault element required to commit mischief. |
| | (b) A throws a stone at B intending to hurt B (but not intending, knowing or having reason to believe that anyone else would be hurt), but the stone hurts P, a police officer in discharge of his duty. A commits an offence of voluntarily causing hurt against P. A does not commit an offence of voluntarily causing hurt to P in the discharge of P’s duty as a public servant because A did not possess the fault element required to commit this offence. |
| | (c) A throws a stone at B intending to hurt B (but not intending or not knowing that A is likely to cause grievous hurt), but the stone causes grievous hurt to C. A commits an offence against C of voluntarily causing hurt where grievous hurt is caused under section 323A. A does not commit an offence of voluntarily causing grievous hurt against C because A did not possess the fault element required to commit this offence. |
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[15/2019] |
(5) Where the circumstances mentioned in subsection (2)(a) and (b) exist, the accused person may rely on any defence or exception in law as though the act or effect mentioned in subsection (2)(a) concerned the person or thing the accused person believed or intended that act or effect to concern. | | A throws a stone at B in exercise of A’s right of private defence against B, but the stone hurts C. A may rely on the defence of private defence against B if A is charged for voluntarily causing hurt to C. |
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[15/2019] |
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| 26H.—(1) An offence of strict liability under this Code or any written law is one where, for every physical element of the offence, there is no corresponding fault element. [15/2019] | (2) Strict liability is said to apply to a particular physical element of an offence where there is no corresponding fault element for that physical element, regardless of whether or not the offence is one of strict liability. [15/2019] |
| (3) To avoid doubt, an offence may be a strict liability offence even though it is not so expressly described by any written law; and strict liability may apply to a particular physical element of any offence even though it is not so expressly described in any written law. [15/2019] |
| (4) It is a defence for any person charged with a strict liability offence to prove that in committing all the acts or omissions that are physical elements of the offence, he exercised reasonable care. [15/2019] |
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| Property in possession of spouse, clerk or servant |
27. When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.| Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this section. |
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28. A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.| Explanation 1.—It is not essential to counterfeiting that the imitation should be exact. |
| | Explanation 2.—Where a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised. |
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29. The word “document” includes, in addition to a document in writing —| (a) | any map, plan, graph or drawing; | | (b) | any photograph; | | (c) | any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever; | | (d) | any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; | | (e) | any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and | | (f) | any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them. |
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| 29A. The word “writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form. |
| 29B. The expression “electronic record” has the same meaning as in the Electronic Transactions Act 2010. |
| 30.—(1) The words “valuable security” denote a document or an electronic record which is, or purports to be, a document or an electronic record whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. [15/2019] (2) Notwithstanding the generality of subsection (1), “valuable security” includes credit cards, charge cards, stored value cards, automated teller machine cards and such other cards which have money or money’s worth or other financial rights attached. | | (a) A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”. |
| | (b) An electronic bill of lading in the form of an electronic record in a secure electronic trading system is a “valuable security”. |
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[15/2019] |
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| 31. The words “a will” denote any testamentary document. |
31A. For the purposes of Chapters 12 and 18 —| “die” includes any plate, type, tool, chop or implement and also any part of any die, plate, type, tool, chop or implement, and any stamp or impression thereof or any part of such stamp or impression; |
| “instrument” includes any document whether of a formal or an informal nature, any postage stamp or revenue stamp, any seal or die, and any disc, card, tape, microchip, soundtrack or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means. |
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| Words referring to acts include illegal omissions |
| 32. In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. |
| 33.—(1) The word “act” denotes as well a series of acts as a single act; the word “omission” denotes as well a series of omissions as a single omission. [15/2019] (2) To avoid doubt, where a person does a series of acts, one or more of which caused a certain effect, that person is regarded to have caused that effect by that series of acts even if it is not known which of the acts in that series caused that effect. | | A gives Z small doses of poison in Z’s food at different times over the course of a few days, with intent to kill Z. Z dies from poisoning, although it is not known which of those doses (individually or collectively) caused Z’s death. A has caused Z’s death by poisoning. |
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[15/2019] |
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| Each of several persons liable for an act done by all, in like manner as if done by him alone |
| 34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone. |
| When such an act is criminal by reason of its being done with a criminal knowledge or intention |
| 35. Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. |
| Effect caused partly by act and partly by omission |
36. Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. | | A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. |
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| Cooperation by doing one of several acts constituting an offence |
37. When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. | | (a) A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement, with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate. |
| | (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. |
| | (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not cooperate with B, A is guilty only of an attempt to commit murder. |
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| Several persons engaged in the commission of a criminal act may be guilty of different offences |
38. Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. | | A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. |
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| 39. [Repealed by Act 15 of 2019] |
40.—(1) Except in the Chapters and sections mentioned in subsections (2) and (3), “offence” denotes a thing made punishable by this Code.| (2) In Chapters 4, 4A, 5 and 5A, and in sections 4, 187, 194, 195, 203, 204B, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388 and 389, “offence” denotes a thing punishable under this Code or under any other written law for the time being in force. [15/2019; 2/2020] |
| (3) In sections 141, 176, 177, 201, 202, 212, 216 and 441, “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine. |
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| Offence with specified term of imprisonment |
| 41. An offence described in this Code or in any written law for the time being in force as being punishable with imprisonment for a specified term or upwards includes an offence for which the specified term is the maximum term of imprisonment. |
| 42. The word “obscene”, in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. |
| “Illegal”, “unlawful” and “legally bound to do” |
| 43. The word “illegal” or “unlawful” is applicable to every thing which is an offence, or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be “legally bound to do” whatever it is illegal or unlawful in him to omit. |
| 44. The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property. |
| 44A. The words “bodily injury” denote as well a series of bodily injuries as a single bodily injury. [15/2019] |
| 45. The word “life” denotes the life of a human being, unless the contrary appears from the context. |
| 46. The word “death” denotes the death of a human being, unless the contrary appears from the context. |
| 47. The word “animal” denotes any living creature, other than a human being. |
| 48. The word “vessel” denotes anything made for the conveyance by water of human beings, or of property. |
| 49. Wherever the word “year” or “month” is used, it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar. |
| 50. The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures. |
| 51. The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant, or to be used for the purpose of proof, whether in a court of justice or not. |
| 52. [Repealed by Act 15 of 2019] |
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