Penal Code - Singapore Statutes Online

Status:

Current version
as at 06 Mar 2021

Mischief

425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z. A has committed mischief.

(b) [Deleted by Act 51 of 2007]

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(h) [Deleted by Act 51 of 2007]

[51/2007]

[Indian PC 1860, s. 425]

Punishment for committing mischief

426. Whoever commits mischief shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

[51/2007]

[Indian PC 1860, s. 426]

[Act 15 of 2019 wef 01/01/2020]

Punishment for committing mischief causing disruption to key service, etc.

427.—(1) Whoever commits mischief by doing any act which causes, or which he knows is likely to cause, a disruption to —

(a)	the provision of any key service; or
(b)	the performance of any duty or function of, or the exercise of any power by the Government or a public agency,

shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

(2) In subsection (1) —

“key service” means any of the following services:

(a)	a service directly related to the provision to the general public of water, sewerage, drainage, gas, electricity, waste collection and disposal, newspapers, broadcasting, telecommunications and other traditional forms of mass media communication (including radio and television services);
(b)	a search and rescue service, a fire-fighting service, a service providing rapid response to requests for help in a medical emergency, or other health emergency service;
(c)	a payments clearing and settlement service for payment obligations or securities, a service directly related to the provision to the general public of banking facilities and financial services associated with banking business, a securities trading, clearing and settlement service, and any other like service that is necessary to the financial market or financial institutions in Singapore or the disruption of which would have a widespread adverse effect on the financial system in Singapore or the economy of Singapore, or both;
(d)	a service directly related to the provision to the general public of health or healthcare services at a hospital, primary care healthcare establishment or other like institution;
(e)	a service that is critical to ensuring the reliable supply in Singapore of food which is safe and suitable for human consumption;
(f)	a service directly related to ensuring the provision to the general public of reliable and safe public transport by land, water or air within Singapore or to and from Singapore;
(g)	any other service that is critical to maintaining public health, the social and economic stability of Singapore or its people, or the defence of Singapore or its national security;

“public agency” means —

(a)

a body corporate or unincorporate established by or under any public Act to perform or discharge a public function, or any part of such a body; or

(b)

a department or Ministry of the Government or an Organ of State.

Illustrations

(a) An act which causes damage to enforcement cameras installed in a public place by a statutory board responsible for land transport to detect illegal parking in a public road is an act which causes disruption to the performance of the function of that statutory board.

(b) Unauthorised destruction of the records and files of a department of the Government which role is to promote Singapore as a sound and reputable financial centre is an act which causes disruption to the performance of the function of that department.

(c) An act of mischief which damages an electricity licensee’s power generation facility that is used to supply electricity to a public housing estate, is an act which is likely to cause disruption to a key service even though there is no actual disruption to that power supply.

[Act 15 of 2019 wef 01/01/2020]

Mischief by killing or maiming any animal

428. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any animal shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

[51/2007]

[Indian PC 1860, s. 428]

Mischief by killing or maiming cattle, etc., or any animal of the value of $25

429. [Repealed by Act 51 of 2007]

430. [Repealed by Act 15 of 2019 wef 01/01/2020]

430A. [Repealed by Act 15 of 2019 wef 01/01/2020]

431. [Repealed by Act 15 of 2019 wef 01/01/2020]

431A. [Repealed by Act 15 of 2019 wef 01/01/2020]

432. [Repealed by Act 15 of 2019 wef 01/01/2020]

433. [Repealed by Act 15 of 2019 wef 01/01/2020]

434. [Repealed by Act 15 of 2019 wef 01/01/2020]

Mischief by fire or explosive substance with intent to cause damage

435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.

[51/2007]

[Indian PC 1860, s. 435]

Mischief by fire or explosive substance with intent to destroy a house, etc.

436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place for worship, or for the administration of justice, or for the transaction of public affairs, or for education, or art, or for public use or ornament, or as a human dwelling, or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

[Indian PC 1860, s. 436]

Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden

437. Whoever commits mischief to any decked vessel or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

[Indian PC 1860, s. 437]

Punishment for the mischief described in section 437 when committed by fire or any explosive substance

438. Whoever commits or attempts to commit by fire or any explosive substance, such mischief as is described in section 437, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall, if he is not sentenced to imprisonment for life, also be liable to fine.

[Indian PC 1860, s. 438]

[Act 15 of 2019 wef 01/01/2020]

Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.

[Indian PC 1860, s. 439]

Mischief committed after preparation made for causing death or hurt

440. Whoever commits mischief, having made preparation for causing to any person death or hurt or wrongful restraint, or fear of death or of hurt or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.

[Indian PC 1860, s. 440]

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