Penal Code 1871 - Singapore Statutes Online

Nothing done in private defence is an offence

96. Nothing is an offence which is done in the exercise of the right of private defence.

Right of private defence of the body and of property

97. Every person has a right, subject to the restrictions contained in sections 98 and 106A, to defend —

(a)	his own body, and the body of any other person, against any offence affecting the human body;
(b)	the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. [15/2019]

Extent to which right may be exercised

98.—(1) The right of private defence does not extend to the inflicting of more harm than it is reasonably necessary in the circumstances.

[15/2019]

(2) There is no right of private defence in cases in which there is reasonable opportunity to have recourse to the protection of a public authority in the circumstances.

Illustrations

(a) Z ambushes A in a secluded area and attempts to kill A. A kills Z while fending off Z’s attack. A is guilty of no offence because, in the circumstances, A had no reasonable opportunity to have recourse to the protection of a public authority.

(b) Z ambushes A in a secluded area and attempts to kill A. A’s right of private defence arises because, at that point of time, A had no reasonable opportunity to have recourse to the protection of a public authority. In the midst of the struggle between A and Z, a police patrol car arrives on the scene. A’s right of private defence ceases the moment A had reasonable opportunity to have recourse to the protection of the police.

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Right of private defence against act of person of unsound mind, etc.

99. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustrations

(a) Z, under the influence of madness, attempts to kill A. Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

(b) A enters, by night, a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

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Right of private defence against deadly assault when there is risk of harm to innocent person

100. If, in the exercise of the right of private defence against an assault which causes the defender to reasonably believe that death would be caused to him or to any other person and the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Illustration

A is attacked by a mob who attempt to murder him. A cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

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Start and continuance of right of private defence of body

101.—(1) The right of private defence of the body starts as soon as the defender reasonably believes that there is danger to the body (either his own or that of any other person) arising from any act which is an offence against the human body or an attempt or a threat to commit the offence, though the offence may not have been committed.

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(2) The right of private defence continues as long as the belief of danger mentioned in subsection (1) continues.

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When right of private defence of body extends to causing death

102. The right of private defence of the body extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the assailant, if the offence which gives rise to the exercise of the right is of any of the following descriptions:

(a)	an assault where the defender reasonably believes that death will otherwise be the consequence of such assault;
(b)	an assault where the defender reasonably believes that grievous hurt will otherwise be the consequence of such assault;
(c)	an assault that the defender reasonably believes to be done with the intention of committing rape as described in section 375 or causing such rape to be committed;
(d)	an assault that the defender reasonably believes to be done with the intention of causing penile penetration of the vagina, anus or mouth as described in section 376(2); [Act 23 of 2021 wef 01/03/2022]
(e)	an assault that the defender reasonably believes to be done with the intention of kidnapping or abducting;
(f)	an assault that the defender reasonably believes to be done with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to believe that he will be unable to have opportunity for recourse to a public authority for his release. [15/2019]

When such right extends to causing any harm other than death

103. If the offence is not of any of the descriptions mentioned in section 102, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the assailant of any harm other than death.

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Commencement and continuance of right of private defence of property

104.—(1) The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence.

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(2) The right of private defence of property against theft continues till —

(a)	the offender has effected his retreat with the property;
(b)	the assistance of a public authority is obtained; or
(c)	the property has been recovered. [15/2019]

(3) The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

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(4) The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

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(5) The right of private defence of property against house‑breaking continues as long as such house‑breaking continues.

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When right of private defence of property extends to causing death

105.—(1) The right of private defence of property extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the wrongdoer when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any of the following descriptions:

(a)

robbery;

(b)

house-breaking committed after 7 p.m. and before 7 a.m. and if the wrongdoer —

(i)	effects his entrance into the house or any part of it in any of the 6 ways described in subsection (2); or
(ii)	being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, the wrongdoer leaves the house or any part of it in any of these 6 ways;

(c)

mischief by fire committed on any building, tent, container or vessel, which building, tent, container or vessel is used as a human dwelling, or as a place for the custody of property;

(d)

theft, mischief or house-breaking, under such circumstances where the defender reasonably believes that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

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(2) For the purposes of subsection (1)(b), the 6 ways of entry or leaving by a wrongdoer are as follows:

(a)	if the wrongdoer enters or leaves through a passage made by the wrongdoer, or by any abettor of the house-breaking in order to commit the house‑breaking;
(b)	if the wrongdoer enters or leaves through any passage not intended by any person, other than the wrongdoer or an abettor of the offence, for human entrance, or through any passage to which the wrongdoer has obtained access by scaling or climbing over any wall or building;
(c)	if the wrongdoer enters or leaves through any passage which the wrongdoer or any abettor of the house-breaking has opened, in order to commit the house‑breaking, by any means by which that passage was not intended by the occupier of the house to be opened;
(d)	if the wrongdoer enters or leaves by opening any lock in order to commit the house-breaking, or in order to leave from the house after a house-breaking;
(e)	if the wrongdoer effects his entry or leaving by using criminal force or committing an assault, or by threatening any person with assault;
(f)	if the wrongdoer enters or leaves by any passage which he knows to have been fastened against such entry or leaving, and to have been unfastened by himself or by an abettor of the house-breaking. [15/2019]

When such right extends to causing any harm other than death

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

[15/2019]

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