Penal Code 1871 - Singapore Statutes Online

Right of private defence of property

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.

[15/2019]

(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.

[15/2019]

(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.

[15/2019]

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

[15/2019]

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.

[15/2019]

(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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