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Penal Code (Amendment) Bill

Bill No. 16/1984

Read the first time on 29th June 1984.

An Act to amend the Penal Code (Chapter 103 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title

1. This Act may be cited as the Penal Code (Amendment) Act 1984.

New section 354A

2. The Penal Code is amended by inserting, immediately after section 354, the following section:

“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 under 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.”.

Repeal and re-enactment of section 356

3. Section 356 of the Penal Code is repealed and the following section substituted therefor:

“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.”.

Repeal and re-enactment of section 376

4. Section 376 of the Penal Code is repealed and the following section substituted therefor:

“Punishment for rape

376.—(1) Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(2) Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman —

(a)	voluntarily causes hurt to her or to any other person; or
(b)	puts her in fear of death or hurt to herself or any other person,

and whoever commits rape by having sexual intercourse with a woman under 14 years of age without her consent, 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.”.

New section 379A

5. The Penal Code is amended by inserting, immediately after section 379, the following section:

“Punishment for theft of a motor vehicle

379A.—(1) Whoever commits theft of a motor vehicle or any component part of a motor vehicle 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 fine.

(2) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than 3 years from the date of his release from imprisonment from holding or obtaining a driving licence under the Road Traffic Act (Cap. 92).

(3) In this section —

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and includes a trailer drawn by a motor vehicle;

“component part”, in relation to a motor vehicle, includes any tyre, accessory or equipment.”.

Amendment of section 384

6. Section 384 of the Penal Code is amended by deleting the words “which may extend to three years, or with fine, or with caning, or with any two of such punishments” and substituting the words “of not less than 2 years and not more than 7 years and with caning”.

Amendment of section 385

7. Section 385 of the Penal Code is amended by deleting the words “which may extend to five years, or with fine, or with caning, or with any two of such punishments” and substituting the words “of not less than 2 years and not more than 5 years and with caning”.

Amendment of section 386

8. Section 386 of the Penal Code is amended by deleting the words “which may extend to ten years, and shall also be liable to fine, or to caning” and substituting the words “of not less than 2 years and not more than 10 years and with caning”.

Amendment of section 387

9. Section 387 of the Penal Code is amended by deleting the words “which may extend to seven years, and shall also be liable to fine, or to caning” and substituting the words “of not less than 2 years and not more than 7 years and with caning”.

Repeal and re-enactment of section 392

10. Section 392 of the Penal Code is repealed and the following section substituted therefor:

“Punishment for robbery

392. Whoever commits robbery shall be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes; and if the robbery is committed after 7 p.m. and before 7 a.m. the offender shall be punished with imprisonment for a term of not less than 3 years and not more than 14 years and shall also be punished with caning with not less than 12 strokes.”.

Amendment of section 393

11. Section 393 of the Penal Code is amended by deleting the words “which may extend to seven years, and shall also be punished with caning with not less than four strokes” and substituting the words “of not less than 2 years and not more than 7 years and shall also be punished with caning with not less than 6 strokes”.

Amendment of section 394

12. Section 394 of the Penal Code is amended by deleting the words “life, or with imprisonment for a term which may extend to ten years, and shall also be punished with caning with not less than six strokes” and substituting the words “a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes”.

Amendment of section 395

13. Section 395 of the Penal Code is amended by deleting the words “life, or with imprisonment for a term which may extend to ten years, and shall also be punished with caning with not less than six strokes” and substituting the words “a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes”.

Amendment of section 396

14. Section 396 of the Penal Code is amended by deleting the words “or with imprisonment for a term which may extend to ten years, and where the punishment is not death, shall also be punished with caning with not less than ten strokes” and substituting the words “and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes”.

Amendment of section 397

15. Section 397 of the Penal Code is amended by deleting the words “ten strokes” and substituting the words “12 strokes”.

Amendment of section 399

16. Section 399 of the Penal Code is amended by deleting the words “which may extend to ten years, and shall also be punished with caning with not less than six strokes” and substituting the words “of not less than 3 years and not more than 10 years and shall also be punished with caning with not less than 12 strokes”.

Amendment of section 411

17. Section 411 of the Penal Code is amended by inserting, immediately after the word “both” at the end, the words “; and if the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A shall be punished with imprisonment for a term of not less than 6 months and not more than 5 years and shall also be liable to fine”.

Amendment of section 414

18. Section 414 of the Penal Code is amended by inserting, immediately after the word “both” at the end, the words “; and if the stolen property is a motor vehicle or any component part of a motor vehicle as defined in section 379A shall be punished with imprisonment for a term of not less than 6 months and not more than 5 years and shall also be liable to fine”.

Amendment of section 454

19. Section 454 of the Penal Code is amended by deleting the words “the term of the imprisonment may be extended to ten years” and substituting the words “the imprisonment shall be for a term of not less than 18 months and not more than 10 years”.

Amendment of section 455

20. Section 455 of the Penal Code is amended by deleting the words “which may extend to ten years, and shall also be liable to fine or to caning” and substituting the words “of not less than 2 years and not more than 10 years and with caning”.

Amendment of section 457

21. Section 457 of the Penal Code is amended by deleting the words “may be extended to fourteen years” and substituting the words “shall be not less than 2 years and not more than 14 years”.

Amendment of section 458

22. Section 458 of the Penal Code is amended by deleting the words “which may extend to fourteen years, and shall also be liable to fine or to caning” and substituting the words “of not less than 2 years and not more than 14 years and with caning”.

New section 458A

23. The Penal Code is amended by inserting, immediately after section 458, the following section:

“Punishment for subsequent offence under section 454 or 457

458A. Whoever, having been convicted of an offence under section 454, 455, 457 or 458, commits an offence under section 454 or 457 shall be punished with caning in addition to the punishment prescribed for that offence.”.

Amendment of section 459

24. Section 459 of the Penal Code is amended by deleting the words “life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine or to caning” and substituting the words “a term of not less than 3 years and not more than 20 years and with caning”.

Amendment of section 460

25. Section 460 of the Penal Code is amended by deleting the words “life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine” and substituting the words “a term of not less than 3 years and not more than 20 years”.