THE STATUTES OF THE REPUBLIC OF SINGAPORE

CRIMINAL PROCEDURE CODE 2010

2020 REVISED EDITION

This revised edition incorporates all amendments up to and

including 1 December 2021 and comes into operation on 31 December 2021.

Prepared and Published by

THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT 1983
 2020 Ed.

Criminal Procedure Code 2010

ARRANGEMENT OF SECTIONS

PART 1
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Service of notices, orders and documents
4. Trial of offences under Penal Code 1871 or other laws
5. Saving of powers of Supreme Court and law officers
6. Where no procedure is provided

PART 2
CRIMINAL JURISDICTION OF STATE COURTS
7. Criminal jurisdiction of Magistrates’ Courts
8. Criminal jurisdiction of District Courts
9. Enlargement of jurisdiction of State Courts
10. Consent required for prosecution of certain offences

PART 3
POWERS OF ATTORNEY-GENERAL
AND PUBLIC PROSECUTOR
11. Public Prosecutor
12. Public Prosecutor’s fiat
13. Public Prosecutor’s power to take over conduct of prosecution,
etc.

PART 4
INFORMATION TO POLICE AND
POWERS OF INVESTIGATION
Division 1 — Duties of police officer
on receiving information about offences
14. Information about offences received by police
1

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15. Information about offences received by authorised persons
16. Procedure in non-arrestable cases
17. Procedure when arrestable offence is suspected
18. Investigation in arrestable cases
19. Diary of proceedings in investigation
20. Power to order production of any document or other thing
21. Power to require attendance of witnesses
22. Power to examine witnesses
23. Cautioned statements
Division 2 — Search and seizure
24. When search warrant may be issued
25. Search of house suspected to contain stolen property, forged
documents, etc.
26. Form of search warrant
27. Setting aside search warrant
28. When search warrant issued to person other than police officer
29. Execution of search warrant
30. Search for person wrongfully confined
31. Person in charge of closed place to allow search
32. Search without warrant for stolen property
33. Summary search
34. Search by police officer in arrestable case
35. Powers to seize property in certain circumstances
36. Forfeiture of counterfeit currency or banknote, etc.
37. List of all things seized to be made and signed
38. Power of court to impound document or other thing produced
39. Power to access computer
40. Power to access decryption information
Division 3 — Powers of investigation for
offences related to statement recording
40A. Powers of investigation of certain law enforcement officers
when recording statements
40B. Officer deemed to be of certain rank
2020 Ed. Criminal Procedure Code 2010 3
PART 5
PREVENTION OF OFFENCES
Division 1 — Security for keeping peace
and for good behaviour
Section
41. Security for keeping peace on conviction
42. Security for keeping peace by complainant
43. Security for keeping peace generally
44. Security for good behaviour from suspected offenders, etc.
45. Security for good behaviour from habitual offenders
46. Order to show cause
47. Procedure in respect of person subject to order
48. Attendance of person required to execute bond
49. Inquiry as to truth of information
50. Order to give security
Division 2 — Proceedings following order to provide security
51. Start of period for which security is required
52. Contents of bond
53. Power to reject sureties
54. Imprisonment in default of security
55. Power to release person imprisoned for failing to give security
56. Discharge of surety
Division 3 — Unlawful assemblies
57. Who may order unlawful assembly to disperse
58. When unlawful assembly may be dispersed by use of civil force
59. Use of military force
60. Minister or Commissioner of Police or Deputy Commissioner of
Police may require any officer in command of troops to disperse
unlawful assembly
61. When commissioned officer may disperse unlawful assembly by
military force
62. Protection against prosecution for acts done under this Division
Division 4 — Preventive action of police
63. Prevention of offences and use of lethal force by police

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PART 6
ARREST AND BAIL AND PROCESSES
TO COMPEL APPEARANCE
Division 1 — Arrest without warrant
Section
64. When arrest may be made without warrant
65. Arrest on refusal to give name and residence to police officer
66. Arrest by private person
67. How arrested person to be dealt with
68. Person arrested not to be detained more than 48 hours
Division 2 — Arrest with warrant
69. Warrant to whom directed
70. Arrest of person subject to warrant
71. Form of arrest warrant
72. Court may endorse on warrant security to be taken
73. Notification of content of warrant
74. Arrested person to be brought before court without delay
Division 3 — General provisions for arrests
with or without warrant
75. How to arrest
76. No unnecessary restraint
77. Search of place entered by person sought to be arrested
78. Search of person arrested and his or her premises
79. Power to seize offensive weapons
80. Search for name and address
81. Detention and search of persons in place searched
82. Mode of freeing persons
83. Mode of searching women
84. Power to pursue and arrest after escape or rescue
85. Release of arrested person
86. Public assistance in arrests
87. Assisting person other than police officer to execute warrant
Division 4 — Proclamation and attachment
88. Proclamation for person absconding
89. Attachment of property of person proclaimed
90. Application for release of attached property
2020 Ed. Criminal Procedure Code 2010 5
Division 5 — Bails and bonds
Section
91. Interpretation of this Division
92. When person must normally be released on bail or personal
bond, or on both
93. When person accused of non-bailable offence may be released
on bail
94. Conditions of bail or personal bond
95. Exceptions to bail or release on personal bond
96. Amount of bond
97. Powers of General Division of High Court regarding bail
98. Application for bail or release on personal bond in General
Division of High Court
99. Bond to be executed
100. Person to be released
101. Released person to give address for service
102. Withdrawal, change of conditions, etc., of bail
103. Absconding or breaking conditions of bail or personal bond, etc.
104. Duties of surety
105. Surety may apply to have bond discharged
106. Security instead of surety
106A. Prohibition against agreements to indemnify surety, etc.
107. Procedure for forfeiture of bond without sureties
107A. Procedure for forfeiture of bond with sureties
108. Appeal from orders
109. Power to direct levy of amount due on bond
Division 6 — Notice to attend court and bonds
to appear in court
110. Notice to attend court
111. Bond for appearance of complainant and witnesses
Division 7 — Surrender of travel document and requirement
to remain in Singapore
112. Surrender of travel document
113. Return of travel document
114. Where person acquainted with facts of investigation intends to
leave Singapore
Division 8 — Summons to appear in court
115. Form and validity of summons, etc.

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Section
116. Service of summons
117. Proceedings against body corporate, limited liability
partnership, etc.
118. Service for fine-only offence
119. Proof of service
120. Issue of warrant instead of or in addition to summons
121. Service of summons: reciprocal arrangements with Malaysia
and Brunei Darussalam
122. Detention of offender attending court

PART 7
THE CHARGE
123. Form of charge
124. Details of time, place and person or thing
125. When manner of committing offence must be stated
126. Sense of words used in charge to describe offence
127. Effect of errors
128. Court may alter charge or frame new charge
129. Trial after alteration of charge or framing of new charge
130. Stay of proceedings if altered or new charge requires Public
Prosecutor’s consent
131. Recall of witnesses on trial of altered or new charge
132. Separate charges for distinct offences
133. Joining of similar offences
134. Trial for more than one offence
135. Trial of offences within 2 or more definitions
136. Acts forming one offence but when combined form different
offence
137. Sections 134, 135 and 136 not to affect section 308
138. If it is doubtful what offence has been committed
139. When person charged with one offence can be convicted of
another
140. Conviction of attempt or abetment
141. When offence proved is lesser offence
142. Where court finds offence mentioned in section 10 proved
143. Persons who may be charged and tried jointly
144. Joint trials for connected offences
145. Joint trials with consent
146. Separate trial when accused is prejudiced
2020 Ed. Criminal Procedure Code 2010 7
Section
147. Withdrawal of remaining charges on conviction on one of
several charges
148. Outstanding offences
149. Death of accused

PART 7A
DEFERRED PROSECUTION AGREEMENTS
149A. Interpretation of this Part
149B. Entering into DPA, etc.
149C. Effect of DPA on court proceedings while DPA is in force
149D. Persons who may enter into DPA with Public Prosecutor
149E. Content of DPA
149F. Court approval of DPA
149G. Breach of DPA
149H. Variation of terms of DPA
149I. Expiry of DPA
149J. Publication of information
149K. Use of material in criminal proceedings
149L. Money received by prosecutor under DPA
149M. Appeals from certain decisions under this Part

PART 8
INITIATION OF CRIMINAL PROCEEDINGS AND
COMPLAINT TO MAGISTRATE
150. Initiation of criminal proceedings
151. Examination of complaint
152. Dismissal of complaint
153. Issue of summons or warrant
154. Personal attendance of accused may be dispensed with
155. Absence of complainant in proceedings instituted on complaint
156. Absence of accused

PART 9
PRE-TRIAL PROCEDURES IN THE STATE COURTS
Division 1 — General matters
157. Interpretation of this Part
158. Reading of charge

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159. When criminal case disclosure procedures apply
Division 2 — Criminal case disclosure procedures
160. Criminal case disclosure conference
161. When Case for the Prosecution is served
162. Contents of Case for the Prosecution
163. When Case for the Defence is served
164. Court to explain to unrepresented accused certain requirements
and consequences
165. Contents of Case for the Defence
166. Time for service of other statements and exhibits
167. Fixing dates for trial
168. If co-accused charged subsequently
Division 3 — Non-compliance with Division 2
169. Consequences of non-compliance with Division 2
Division 4 — Where criminal case disclosure
procedures do not apply
170. Court to try accused or transfer case
171. Pre-trial conference

PART 10
PRE-TRIAL PROCEDURES IN
GENERAL DIVISION OF HIGH COURT
Division 1 — General matters
172. Interpretation of this Part
173. When accused first produced in court
174. Remand of accused
175. Procedure for cases to be tried in General Division of High Court
Division 2 — [Repealed by Act 19 of 2018]
176. to 198. [Repealed]
Division 3 — [Repealed by Act 19 of 2018]
199. to 208. [Repealed]
Division 4 — [Repealed by Act 19 of 2018]
209. [Repealed]
2020 Ed. Criminal Procedure Code 2010 9
Division 5 — Transmission proceedings
Section
210. Transmission of case to General Division of High Court
211. Public Prosecutor may issue subsequent fiat
211A. When criminal case disclosure procedures apply
212. Procedure after case has been transmitted to General Division of
High Court
213. When Case for the Prosecution is served
214. Contents of Case for the Prosecution
215. When Case for the Defence is served
216. Court to explain to unrepresented accused certain matters
217. Contents of Case for the Defence
218. Time for service of other statements, etc.
219. Fixing dates for trial
220. If co-accused charged subsequently
220A. Pre-trial conference
Division 6 — Non-compliance with certain
requirements in Division 5
221. Consequences of non-compliance with certain requirements in
Division 5

PART 11
GENERAL PROVISIONS RELATING TO
PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN
ALL COURTS
Division 1 — General pre-trial procedures
222. Conference by video link
223. Extension of time
224. Power of court to prohibit certain communication
225. Restrictions on reports of restricted information
225A. Restrictions on use of material disclosed by prosecution
225B. Mode of disclosing statement recorded in form of audiovisual
recording
Division 2 — When accused pleads guilty electronically
226. Pleading guilty electronically
Division 3 — Plead guilty procedures
227. Procedure if accused pleads guilty, etc.

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Section
228. Address on sentence, mitigation and sentence

PART 12
PROCEDURE AT TRIAL IN ALL COURTS
229. Interpretation of this Part
230. Procedure at trial
231. Notice required to call witness or produce exhibits not disclosed
in Case for the Prosecution or Case for the Defence
232. Public Prosecutor may decline to further prosecute at any stage
of trial
233. Evidence to be taken in presence of accused
234. Trial before single judge
235. Power of court to order any production of document or thing

PART 13
GENERAL PROVISIONS RELATING TO
PROCEEDINGS IN COURTS
Division 1 — General provisions
236. Right of accused person to be defended
237. Change of judge during trial
238. Power to postpone or adjourn proceedings
Division 2 — Transfer of cases
239. Power of General Division of High Court to transfer cases
240. Transfer of cases by other courts
Division 3 — Compounding of offences
241. Compounding offences
242. Public Prosecutor may compound offences
243. Compounding of offences under other written laws
Division 4 — Previous acquittals or convictions
244. Person once convicted or acquitted not to be tried again for
offence on same facts
245. Plea of previous acquittal or conviction
Division 5 — Proceedings relating to persons of unsound mind
246. Interpretation of this Division
247. Procedure if accused is suspected to be of unsound mind
2020 Ed. Criminal Procedure Code 2010 11
Section
248. Certificate of designated medical practitioner
249. Release of person of unsound mind pending investigation or trial
250. Resumption of proceedings
251. Acquittal on ground of unsound mind
252. Safe custody of person acquitted
253. Visiting of prisoners of unsound mind
254. Procedure when person of unsound mind is reported able to
make defence
255. Delivery of person of unsound mind to care of relative
256. Procedure when person of unsound mind is reported fit for
discharge

PART 14
EVIDENCE AND WITNESSES
Division 1 — Preliminary
257. Interpretation of this Part
Division 2 — Admissibility of certain types of evidence
258. Admissibility of accused’s statements
258A. Admissibility of Case for the Defence
258B. Reference to certain documents in Case for the Prosecution
259. Witness’s statement inadmissible except in certain
circumstances
260. Admissibility of report on first information made under
section 14 or 15
261. Inferences from accused’s silence
262. Use of affidavits sworn by witnesses
263. Report of qualified persons
264. Conditioned statements
264A. Statement recorded in form of audiovisual recording
265. When evidence of past possession of stolen property allowed
266. When evidence of previous conviction allowed
267. Proof by formal admission
268. Hearsay evidence in criminal proceedings
269. to 277. [Repealed]
278. Notice of alibi
Division 3 — Ancillary hearing
279. Procedure to determine admissibility of evidence

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Division 4 — Special provisions relating to

recording or giving of evidence
Section
280. Power of Magistrate to record statements
281. Evidence through video or television links
281A. Measures to prevent witness from seeing accused
281B. Evidence to be given in camera in certain cases
Division 5 — Witnesses
282. Attendance of prisoner as witness
283. Power of court to summon and examine persons
284. When person bound to give evidence intends to leave Singapore
285. Recording of evidence
286. Manner of recording evidence
287. [Repealed]
288. Interpretation of evidence to accused
289. Remarks as to demeanour of witness
290. How previous conviction or acquittal may be proved
291. Accused not to give evidence except on oath or affirmation
292. Procedure when accused does not understand proceedings
293. Record of evidence in absence of accused
294. Procedure when prospective witness is ill
295. Taking of evidence before trial
296. Deposition of medical witness
297. Deposition of certain other witnesses

PART 15
JUDGMENT
298. Mode of delivering judgment
299. Procedure after judgment of appellate court
300. Judgment in alternative
301. Judgment not to be altered
302. Judgment to be filed with record

PART 16
SENTENCES
Division 1 — Sentences in general
303. Sentences
303A. Presumptive minimum sentence
2020 Ed. Criminal Procedure Code 2010 13
Section
304. Corrective training and preventive detention
305. Reformative training
306. Sentence in case of conviction for several offences at one trial
307. Consecutive sentences in certain cases
308. Limit of punishment for offence made up of several offences
309. Police supervision
310. Requirements from person subject to supervision
311. Penalty for non-compliance with section 310
312. Application of law to orders for police supervision made in
Malaysia
313. Provisions as to execution of sentences of death
314. No sentence of death against person below 18 years of age
315. Sentence of death not to be passed on pregnant woman
316. Judgment of death
317. Sentences other than of death
318. Date that sentence begins
319. Provisions as to sentence of fine
320. Suspension of execution in certain cases
321. Who may issue warrant
322. Commencement of sentence of imprisonment on prisoner
already undergoing imprisonment
323. Juvenile may be dealt with under Children and Young Persons
Act 1993
324. Return of warrant of execution
Division 2 — Sentence of caning
325. Execution of sentence of caning forbidden in certain cases
326. Place for executing sentence of caning
327. Time of executing sentence of caning
328. Limit on number of strokes
329. Mode of executing sentence of caning
330. Caning not to be carried out by instalments
331. Medical officer’s certificate required
332. Procedure if punishment cannot be inflicted under section 331
Division 3 — Suspensions, remissions and
commutations of sentences
333. Power to pardon, suspend or remit sentence, etc.
334. Power to commute punishment

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PART 17
COMMUNITY SENTENCES
Section
335. Interpretation of this Part
336. Meaning of “community order” and “community sentence”
337. Community orders
338. Combination of community orders
339. Mandatory treatment orders
340. Obligations of offender subject to mandatory treatment order
341. Day reporting orders
342. Electronic monitoring of offender subject to day reporting order
343. Obligations of offender subject to day reporting order
344. Community work orders
345. Obligations of offender subject to community work order
346. Community service orders
347. Obligations of offender subject to community service order
348. Short detention orders
349. Taking of security
350. Forfeiture of security
351. Variation and revocation of community orders on grounds other
than breach thereof
352. Breach of community orders
353. Commission of offence before community order is in force
354. Commission of further offence

PART 18
COMPENSATION AND COSTS
355. Order for payment of costs by accused and order for payment of
costs incurred by accused in accused’s defence
356. Costs ordered by Court of Appeal or General Division of High
Court
357. Costs against defence counsel
358. Costs awarded against Public Prosecutor
359. Order for payment of compensation
360. Provisions as to money payable as compensation
361. Costs recoverable as judgment debt
362. Reward for unusual exertions and compensation for family of
person killed in arresting
363. Court may order payment of expenses of witnesses
2020 Ed. Criminal Procedure Code 2010 15
PART 19
DISPOSAL OF PROPERTY
Section
364. Order for disposal of property by court
365. Direction instead of order
366. Payment to innocent person of money in possession of convicted
person
367. Stay of order
368. Destruction of libellous and other matter
369. Restoration of possession of immovable property
370. Procedure governing seizure of property
371. Procedure when person entitled to property is known
372. Procedure when person entitled to property is unknown or
cannot be found

PART 20
APPEALS, POINTS RESERVED, REVISIONS AND
CRIMINAL MOTIONS
Division 1 — Appeals
373. Interpretation of this Part
374. When appeal may be made
375. Limited right of appeal against plea of guilty
376. Appeal against acquittal and sentence in private prosecutions
377. Procedure for appeal
378. Petition of appeal
379. Records of court proceedings to be sent to appellate court and
respondent
380. Appeal specially allowed in certain cases
381. Procedure when appellant in prison
382. Bail pending appeal
383. Stay of execution pending appeal
384. Summary rejection of appeal
385. Notice and time of hearing
386. Appeal to be heard by one or more Judges
387. Procedure at hearing
388. Non-appearance of respondent
389. Arrest of respondent in certain cases
390. Decision on appeal
391. Omission to frame charge

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Section
392. Taking additional evidence
393. Death of party to appeal
394. Grounds for reversal by appellate court
Division 1A — Review of sentence of death
when no appeal filed
394A. Public Prosecutor to file petition for confirmation
394B. Court of Appeal to review sentence of death
394C. Powers of Court of Appeal in petition for confirmation
394D. Permission for parties to be heard
394E. Orders on review
Division 1B — Review of earlier decision of appellate court
394F. Interpretation of this Division
394G. Conditions for making review application
394H. Application for leave to make review application
394I. Hearing of review application
394J. Requirements for exercise of power of review under this
Division
394K. Other matters concerning review applications and leave
applications
Division 2 — Points reserved
395. Power of court to state case
396. Application to state case directly to Court of Appeal
397. Reference to Court of Appeal of criminal matter determined by
General Division of High Court in exercise of its appellate or
revisionary jurisdiction
398. Determination and order
399. Opinion on case stated
Division 3 — Revision of proceedings before
State Courts
400. Power to call for records of State Courts
401. Powers of General Division of High Court on revision
402. Orders on revision
403. Permission for parties to appear
2020 Ed. Criminal Procedure Code 2010 17
Division 4 — Revision of orders made at
criminal case disclosure conference
Section
404. Power to revise orders made at criminal case disclosure
conference
Division 5 — Criminal motions
405. Motion
406. Notice of motion
407. Form and issue of notice of motion
408. Adjournment of hearing
408A. Dealing with motion in absence of parties, etc.
408B. Decision or order affecting lower court
409. Costs

PART 21
SPECIAL PROCEEDINGS
Division 1 — [Repealed by Act 19 of 2016]
410. to 416. [Repealed]
Division 2 — Special proceedings —
Order for review of detention
417. Application for order for review of detention
418. Orders for review of detention
419. Court martial
420. Removal of prisoner from one custody to another
421. Duty of officer to whom order or warrant is addressed
422. No appeal

PART 22
MISCELLANEOUS
423. When irregularities do not make proceedings invalid
424. Duty to give information of certain matters
425. Irregularity in attachment
425A. Prohibition against publication, etc., that identifies complainant
or alleged victim of sexual offence or child abuse offence
425B. Information not to be disclosed if prejudicial to national or
public interests, etc.
426. Copies of proceedings

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Section
427. Amendment of Schedules
428. Minister to make regulations
428A. Criminal Procedure Rules Committee and Criminal Procedure
Rules
429. Saving and transitional provisions
First Schedule — Tabular statement of offences under the
Penal Code 1871
Second Schedule — Laws to which criminal case disclosure
procedures apply
Third Schedule — Offences for which statements must be
recorded in form of audiovisual recording
Fourth Schedule — Offences that may be compounded by
victim
Fifth Schedule — Types of work
Sixth Schedule — Offences in respect of which
deferred prosecution agreements
may be entered into

An Act relating to criminal procedure.

[2 January 2011]

PART 1
PRELIMINARY
Short title
1. This Act is the Criminal Procedure Code 2010 and is generally
referred to in this Act as this Code.

Interpretation
2.—(1) In this Code, unless the context otherwise requires —
“advocate” means an advocate and solicitor lawfully entitled to
practise criminal law in Singapore;
“arrestable offence” and “arrestable case” mean, respectively, an
offence for which and a case in which a police officer may
ordinarily arrest without warrant according to the third
column of the First Schedule or under any other written law;
2020 Ed. Criminal Procedure Code 2010 19
“audiovisual recording” means an aggregate of visual images
and sounds embodied in a thing, so as to be capable, by the
use of that thing, of being produced electronically and shown
as a moving picture with associated sounds;
“bailable offence” means an offence shown as bailable in the
fifth column of the First Schedule or which is made bailable
by any other written law, and “non-bailable offence” means
any offence other than a bailable offence;
“child abuse offence” means an offence under section 6(1), 7, 8,
14(2), 16 or 17 of the Children and Young Persons Act 1993,
or an offence under section 377BG, 377BH, 377BI, 377BJ,
377BK or 377BL of the Penal Code 1871, and includes an
abetment of, a conspiracy to commit, or an attempt to
commit, such an offence;
“complaint” means any allegation made orally or in writing to a
Magistrate with a view to the Magistrate taking action under
this Code that some person, whether known or unknown, has
committed or is guilty of an offence;
“computer” has the meaning given by the Computer Misuse
Act 1993;
“court” means the Court of Appeal, the General Division of the
High Court, a Family Court, a Youth Court, a District Court
or a Magistrate’s Court (as the case may be) which exercises
criminal jurisdiction;
“Criminal Procedure Rules” —
(a) means the Criminal Procedure Rules 2018 made
under this Code and any other written law by the
Criminal Procedure Rules Committee constituted
under section 428A; and
(b) includes any subsidiary legislation deemed under
section 428A(15) to be Criminal Procedure Rules;

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“criminal record” means the record of any —

(a) conviction in any court, or subordinate military court
established under section 80 of the Singapore Armed
Forces Act 1972;
(b) order made under section 34(2) of the Misuse of
Drugs Act 1973;
(c) supervision order made under section 16 of the
Intoxicating Substances Act 1987;
(d) order made under section 30(1) of the Criminal Law
(Temporary Provisions) Act 1955; and
(e) order as may be prescribed by the Minister charged
with the responsibility for home affairs to be a
criminal record for the purposes of this Code;
“data” has the meaning given by the Computer Misuse
Act 1993;
“financial institution” has the meaning given by section 2 of the
Corruption, Drug Trafficking and Other Serious Crimes
(Confiscation of Benefits) Act 1992;
“fine” means any fine or financial penalty imposed by any court
upon any conviction of any offence;
“fine-only offence” means an offence that is punishable only
with a fine;
“Judge” means a Supreme Court Judge, a Senior Judge or a
Judicial Commissioner sitting in the General Division of the
High Court in accordance with the Constitution and the
Supreme Court of Judicature Act 1969;
“Judge sitting in the Court of Appeal” means a Supreme Court
Judge, a Senior Judge or a Judicial Commissioner sitting in
the Court of Appeal in accordance with the Constitution and
the Supreme Court of Judicature Act 1969;
“judicial proceeding” means any proceeding in the course of
which evidence is or may be legally taken by a court;
2020 Ed. Criminal Procedure Code 2010 21
“juvenile” means a person who, in the absence of legal proof to
the contrary, is 7 years of age or above and below 16 years of
age in the opinion of the court;
“law enforcement agency” means any authority or person
charged with the duty of investigating offences or charging
offenders under any written law;
“life imprisonment” means imprisonment for the duration of a
person’s natural life;
“non-arrestable offence” and “non-arrestable case” mean,
respectively, an offence for which and a case in which a
police officer may not ordinarily arrest without warrant
according to the third column of the First Schedule or under
any other written law;
“offence” means an act or omission punishable by any written
law;
“place” includes —
(a) any building or structure, whether permanent or
temporary;
(b) any land, whether or not built on;
(c) any place, whether or not enclosed, and whether or
not situated underground or underwater;
(d) any vessel, aircraft, train, or vehicle (whether
mechanically-propelled or otherwise) or any other
means of transport; and
(e) any part of any place referred to in paragraphs (a)
to (d);
“police officer” has the meaning given by the Police Force
Act 2004;
“police station” includes —
(a) any office or branch of the Criminal Investigation
Department;
(b) the Radio Division of the Singapore Police Force;

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(c) any place designated by the Commissioner of Police

as a police station; and
(d) any other place designated by the Minister charged
with the responsibility for home affairs as a police
station;
“Postal Authority”, “public parcel locker network operator” and
“public postal licensee” have the meanings given by
section 2(1) of the Postal Services Act 1999;
“proceeding” includes a criminal case disclosure conference and
a pre-trial conference, held under Part 9 or 10, as the case may
be;
“property” means money and all other property, movable or
immovable, including things in action and other intangible or
incorporeal property;
“public body” means —
(a) the Government or any department, office or service
of the Government; or
(b) any corporation, authority, board, council,
commission, office or other body established by or
under any public Act for a public purpose;
“Registrar of the Family Justice Courts” means the registrar of
the Family Justice Courts, and includes the deputy registrar
and an assistant registrar of the Family Justice Courts;
“Registrar of the State Courts” means the registrar of the State
Courts, and includes a deputy registrar of the State Courts;
“Registrar of the Supreme Court” includes the Deputy Registrar
and an Assistant Registrar of the Supreme Court;
“repealed Code” means the Criminal Procedure Code (Cap. 68,
1985 Revised Edition) repealed by this Code;
“sexual offence” means —
(a) an offence under section 354, 354A, 355, 372, 373,
373A, 375, 376, 376A, 376AA, 376B, 376C, 376D,
376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F,
2020 Ed. Criminal Procedure Code 2010 23
376G, 376H, 377(3), 377A, 377B(3), 377BA,
377BB, 377BC, 377BD, 377BE or 377BF of the
Penal Code 1871; or
(b) an offence under section 140, 141, 142, 143, 144,
145, 146, 146A, 147 or 148 of the Women’s
Charter 1961,
and includes an abetment of, a conspiracy to commit, or an
attempt to commit, such an offence;
“signed” or “signature” has the meaning given by section 2(1) of
the Electronic Transactions Act 2010;
“State Court” means any court constituted under the State
Courts Act 1970 for the administration of criminal justice;
“stolen property” has the meaning given by section 410 of the
Penal Code 1871;
“terrorist act” has the meaning given by section 2(2) and (3) of
the Terrorism (Suppression of Financing) Act 2002;
“travel document” means a passport and includes any document
issued by any State (including Singapore) or territory for the
purpose of facilitating travel by the holder thereof;
“writing” includes any mode of representing or reproducing
words, figures, drawings or symbols in a visible form,
whether permanent or otherwise.
[3/2013; 5/2014; 27/2014; 42/2014; 9/2018; 12/2018;
19/2018; 15/2019; 40/2019; 10/2021]

(1A) Any power conferred on a court by this Code to make an order

for the disposal of any property includes a power to make an order for
the forfeiture, confiscation or destruction of the property, or for the
delivery of the property to any person, but must be exercised subject
to any provisions on forfeiture, confiscation, destruction or delivery
in any other written law that is applicable to the case.
[19/2018]

(2) Words and expressions used in this Code which are defined in
the Penal Code 1871 but not defined in this section have the meanings
given by the Penal Code 1871.

31.12.2021
24 Criminal Procedure Code 2010 2020 Ed.

Service of notices, orders and documents

3.—(1) Subject to this section, any notice, order or document (other
than a summons or a notice to attend court issued under this Code)
required or permitted to be served on a person under this Code may be
served on that person —
(a) by delivering it personally to that person;
(b) by addressing it to that person and delivering it at the last
known residential address of that person to an adult person
who is a member of his or her family;
(c) by addressing it to that person and delivering it at the last
known business address of that person to that person’s
employee or by addressing it to that person’s advocate (if
any) and delivering it to the advocate at the advocate’s
office;
(d) by sending it by registered post addressed to that person at
that person’s last known residential or business address, or
sending it by registered post addressed to that person’s
advocate (if any) at the advocate’s office;
(e) by addressing it to that person and transmitting it by fax to
that person’s last known fax number, or addressing it to
that person’s advocate (if any) and transmitting it by fax to
the advocate’s office fax number;
(ea) by addressing it to that person, and transmitting it to an
electronic mail address specified by that person in
accordance with subsection (4A);
(eb) by addressing it to that person’s advocate (if any), and
transmitting it to an electronic mail address specified by
the advocate in accordance with subsection (4B);
(f) by leaving it at that person’s last known residential or
business address, if service cannot be effected under
paragraphs (a) to (e);
(g) in the case of a body corporate or a limited liability
partnership —
2020 Ed. Criminal Procedure Code 2010 25
(i) by delivering it to the director, manager or secretary,
or other similar officer of the body corporate or
limited liability partnership, at its registered office or
principal place of business;
(ii) by delivering it to the advocate (if any) of the body
corporate or limited liability partnership at the
advocate’s office;
(iii) by sending it by registered post addressed to the body
corporate or limited liability partnership at the
registered office or principal place of business of
the body corporate or limited liability partnership;
(iv) by sending it by registered post addressed to the
advocate (if any) of the body corporate or limited
liability partnership at the advocate’s office;
(v) by addressing it to that body corporate or limited
liability partnership and transmitting it to the last
known fax number of the body corporate or limited
liability partnership;
(vi) by addressing it to the advocate (if any) of the body
corporate or limited liability partnership and
transmitting it by fax to the advocate’s office fax
number;
(vii) by addressing it to that body corporate or limited
liability partnership, and transmitting it to an
electronic mail address specified by that body
corporate or limited liability partnership in
accordance with subsection (4A); or
(viii) by addressing it to the advocate (if any) of the body
corporate or limited liability partnership, and
transmitting it to an electronic mail address
specified by the advocate in accordance with
subsection (4B);
(h) in the case of a partnership other than a limited liability
partnership —

31.12.2021
26 Criminal Procedure Code 2010 2020 Ed.

(i) by delivering it to any one of the partners or the

secretary, or other similar officer of the partnership,
at its registered office or principal place of business;
(ii) by delivering it to the advocate (if any) of the
partnership at the advocate’s office;
(iii) by sending it by registered post addressed to the
partnership at the registered office or principal place
of business of the partnership;
(iv) by sending it by registered post addressed to the
advocate (if any) of the partnership at the advocate’s
office;
(v) by addressing it to that partnership and transmitting it
to the last known fax number of the partnership;
(vi) by addressing it to the advocate (if any) of the
partnership and transmitting it by fax to the
advocate’s office fax number;
(vii) by addressing it to that partnership, and transmitting
it to an electronic mail address specified by that
partnership in accordance with subsection (4A); or
(viii) by addressing it to the advocate (if any) of the
partnership, and transmitting it to an electronic mail
address specified by the advocate in accordance with
subsection (4B);
(i) in the case of an unincorporated association —
(i) by delivering it to the president, the secretary or any
member of the committee of the unincorporated
association, or any person holding a position
analogous to that of the president, secretary or
member of the committee, at the address of the
unincorporated association;
(ii) by delivering it to the advocate (if any) of the
unincorporated association at the advocate’s office;
2020 Ed. Criminal Procedure Code 2010 27
(iii) by sending it by registered post addressed to the
unincorporated association at the address of the
unincorporated association;
(iv) by sending it by registered post addressed to the
advocate (if any) of the unincorporated association at
the advocate’s office;
(v) by addressing it to that unincorporated association
and transmitting it to the last known fax number of
the unincorporated association;
(vi) by addressing it to the advocate (if any) of the
unincorporated association and transmitting it by fax
to the advocate’s office fax number;
(vii) by addressing it to that unincorporated association,
and transmitting it to an electronic mail address
specified by that unincorporated association in
accordance with subsection (4A); or
(viii) by addressing it to the advocate (if any) of the
unincorporated association, and transmitting it to an
electronic mail address specified by the advocate in
accordance with subsection (4B); or
(j) by any other prescribed method.
[19/2018]

(2) In the case of service under subsection (1)(a), the person to

whom the notice, order or document is served must, if so required by
the serving officer, acknowledge its receipt by signing on an
acknowledgment slip.
(3) In the case of service under subsection (1)(b) and (c), the family
member or employee to whom the notice, order or document is
delivered must, if so required by the serving officer, acknowledge its
receipt by signing on an acknowledgment slip and writing down his
or her name, age, identity card or passport number, contact details and
relationship to the person on whom the notice, order or document is
intended to be served.
(4) In the case of service under subsection (1)(g)(i), (h)(i) and (i)(i),
the person to whom the notice, order or document is delivered must, if

31.12.2021
28 Criminal Procedure Code 2010 2020 Ed.

so required by the serving officer, acknowledge its receipt by signing

on an acknowledgment slip and writing down his or her name, age,
identity card or passport number, contact details and position in the
body corporate, limited liability partnership, partnership or
unincorporated association (as the case may be) on which the
notice, order or document is intended to be served.
(4A) The notice, order or document may be served in a manner
specified in subsection (1)(ea), (g)(vii), (h)(vii) or (i)(vii) only if both
of the following conditions are satisfied:
(a) the person to whom the notice, order or document is to be
served gives that person’s prior written consent for the
notice, order or document to be served in that manner;
(b) that person specifies, in that written consent, the electronic
mail address to which the notice, order or document is to be
transmitted.
[19/2018]

(4B) The notice, order or document may be served in a manner

specified in subsection (1)(eb), (g)(viii), (h)(viii) or (i)(viii) only if
both of the following conditions are satisfied:
(a) the advocate (if any) of the person to whom the notice,
order or document is to be served gives the advocate’s prior
written consent for the notice, order or document to be
served in that manner;
(b) the advocate specifies, in that written consent, the
electronic mail address to which the notice, order or
document is to be transmitted.
[19/2018]

(5) A reference in this Code to service by registered post is a

reference to a postal service that records the posting and delivery of
mail by the Postal Authority or public postal licensee.
(6) When a notice, order or document is served under this section,
an affidavit of such service purporting to be made by the process
server before an officer authorised to administer an oath is admissible
in evidence.
2020 Ed. Criminal Procedure Code 2010 29
Trial of offences under Penal Code 1871 or other laws
4.—(1) Offences under the Penal Code 1871 must be inquired into
and tried according to this Code.
(2) Offences under any other written law must also be inquired into
and tried according to this Code, subject to any law regulating the
manner or place of inquiring into or trying those offences.

Saving of powers of Supreme Court and law officers

5. Nothing in this Code derogates from the jurisdiction or powers of
the Court of Appeal or the General Division of the High Court or the
Judges thereof, or the Attorney-General, a Deputy Attorney-General
or the Solicitor-General.
[41/2014; 40/2019]

Where no procedure is provided

6. As regards matters of criminal procedure for which no special
provision has been made by this Code or by any other law for the time
being in force, such procedure as the justice of the case may require,
and which is not inconsistent with this Code or such other law, may be
adopted.

PART 2
CRIMINAL JURISDICTION OF STATE COURTS
[5/2014]

Criminal jurisdiction of Magistrates’ Courts

7.—(1) Subject to this Code, Magistrates’ Courts have jurisdiction
and power to —
(a) try any offence for which the maximum term of
imprisonment provided by law does not exceed 5 years
or which is a fine-only offence;
(b) [Deleted by Act 19 of 2018]
(c) inquire into a complaint of any offence and summon and
examine any witness who may give evidence relating to
such offence;

31.12.2021
30 Criminal Procedure Code 2010 2020 Ed.

(d) summon, apprehend and issue warrants for the

apprehension of criminals and offenders, and deal with
them according to law;
(e) issue a warrant to search or cause to be searched any place
wherein any stolen goods or any goods, article or thing
with which or in respect of which any offence has been
committed is alleged to be kept or concealed;
(f) require any person to furnish security for keeping the peace
or for the person’s good behaviour according to law; and
(g) do any other thing that Magistrates’ Courts are empowered
to do under this Code or any other written law.
[19/2018]

(2) The jurisdiction and powers conferred on Magistrates’ Courts

under subsection (1)(a) must be exercised by a Magistrate sitting in a
court house of the Magistrate’s Court or at such other place as may be
prescribed.
[19/2018]

(3) The jurisdiction and powers conferred on Magistrates’ Courts

under subsection (1)(c) to (g) may be exercised by a Magistrate at any
place in Singapore.

Criminal jurisdiction of District Courts

8.—(1) District Courts have jurisdiction and power to try any
offence for which the maximum term of imprisonment provided by
law does not exceed 10 years or which is a fine-only offence.
[19/2018]

(2) Every District Court has in the exercise of its jurisdiction all the
powers of a Magistrate’s Court.

Enlargement of jurisdiction of State Courts

9.—(1) Where an offence is triable by a District Court but not by a
Magistrate’s Court, the Public Prosecutor may in writing authorise a
Magistrate’s Court in any particular case to try the offence.
[5/2014]

(2) Despite section 7(1), a Magistrate’s Court may try any

offence —
2020 Ed. Criminal Procedure Code 2010 31
(a) under the Penal Code 1871, if the offence is shown to be
triable by a Magistrate’s Court in the seventh column of the
First Schedule; or
(b) under any law other than the Penal Code 1871, if the
offence is shown to be triable by a Magistrate’s Court
under that law.
(3) Despite section 8(1), a District Court may try any offence other
than an offence punishable with death —
(a) if that offence (which is one under the Penal Code 1871) is
shown to be triable by a District Court in the seventh
column of the First Schedule;
(b) if that offence (which is one under any law other than the
Penal Code 1871) is shown to be triable by a District Court
under that law; or
(c) if the Public Prosecutor applies to the District Court to try
such offence, and the accused consents, or if more than one
are charged together with the same offence, all such
accused persons consent.
(4) Nothing in this section is to be construed as enlarging the power
conferred on the Magistrate’s Court or District Court under
section 303.

Consent required for prosecution of certain offences

10.—(1) A prosecution for —
(a) an offence under section 172 to 188, 193 to 196, 199, 200,
205 to 211, 228, 376C, 376G or 505 of the Penal
Code 1871;
(b) an offence under Chapter 5A, 6 (except section 127) or 18
of the Penal Code 1871;
(c) an offence under Chapter 21 of the Penal Code 1871; or

31.12.2021
32 Criminal Procedure Code 2010 2020 Ed.

(d) an abetment of, or an attempt to commit, any offence

mentioned in paragraphs (a), (b) and (c),
must not be instituted except with the consent of the Public
Prosecutor.
(2) A person may be charged or arrested, or a warrant for the
person’s arrest may be issued and executed, and any such person may
be remanded in custody or released on bail, even though the consent
of the Public Prosecutor has not been obtained, but the case must not
be further prosecuted until that consent has been obtained.
(3) When a person is brought before a court before the Public
Prosecutor has consented to the prosecution, the charge must be
explained to the person but the person must not be called upon to
plead.
(4) The consent of the Public Prosecutor —
(a) need not refer to a particular offence but may be expressed
in general terms; and
(b) must as far as practicable specify the place in which and the
occasion on which the offence was committed.
(5) No consent remains in force unless acted upon within
one month from the date on which it was given.
(6) Subsections (2) to (5) also apply in respect of every consent of
the Public Prosecutor which is required to be obtained under any
other written law before proceedings in respect of an offence may be
instituted.

PART 3
POWERS OF ATTORNEY-GENERAL
AND PUBLIC PROSECUTOR
Public Prosecutor
11.—(1) The Attorney-General is the Public Prosecutor and has the
control and direction of criminal prosecutions and proceedings under
this Code or any other written law.
2020 Ed. Criminal Procedure Code 2010 33
(2) The Deputy Attorney-General assigned by the
Attorney-General to have control and direction of criminal
prosecutions and proceedings under this Code or any other written
law has all the powers of the Public Prosecutor, and any reference in
this Code or any other written law to the Public Prosecutor, unless the
context otherwise requires, includes a reference to this Deputy
Attorney-General.
[41/2014]

(3) Subject to this section, the Public Prosecutor may appoint the
Solicitor-General, any officer or other person to act as a Deputy
Public Prosecutor or an Assistant Public Prosecutor in carrying out
any of the duties of the Public Prosecutor under this Code or under
any other written law, and may assign any of those duties to a Deputy
Public Prosecutor or an Assistant Public Prosecutor.
[41/2014]

(4) The Public Prosecutor may authorise in writing one or more

Deputy Public Prosecutors —
(a) to give any consent, fiat, order, authorisation, permission,
instruction or direction; or
(b) to make any application or requisition,
on behalf of the Public Prosecutor that is required by this Code or any
other written law for —
(c) the trial of an offence before any court, tribunal or
authority;
(d) the forfeiture, confiscation, destruction or disposal of
property; or
(e) the exercise by any police officer of the powers of
investigation under this Code,
as the case may be.
(5) The Public Prosecutor, the Deputy Attorney-General mentioned
in subsection (2), the Solicitor-General or a Deputy Public Prosecutor
may authorise any person, on such terms and conditions as he or she
thinks fit, to act for the Public Prosecutor in the conduct of a case or
prosecution in court or in any part of such conduct.
[41/2014]

31.12.2021
34 Criminal Procedure Code 2010 2020 Ed.

(6) Any proceeding before the General Division of the High Court
must be conducted by the Public Prosecutor, the Deputy
Attorney-General mentioned in subsection (2), the
Solicitor-General, a Deputy Public Prosecutor, an Assistant Public
Prosecutor, or a person authorised under subsection (5) who is an
advocate.
[41/2014; 40/2019]

(7) No person may appear on behalf of the Public Prosecutor in any

criminal appeal, or any case stated or criminal reference under
Division 2 of Part 20, other than the Deputy Attorney-General
mentioned in subsection (2), the Solicitor-General, a Deputy Public
Prosecutor, or a person authorised under subsection (5) who is an
advocate.
[41/2014]

(8) Subject to subsections (9) and (10), any proceeding relating to a

criminal matter before a State Court must be conducted only by the
Public Prosecutor, the Deputy Attorney-General mentioned in
subsection (2), the Solicitor-General, a Deputy Public Prosecutor,
an Assistant Public Prosecutor, or any other person authorised under
subsection (5).
[5/2014; 41/2014]

(9) An officer of a public body, or an advocate acting on behalf of

that public body, may with the authorisation of the Public Prosecutor,
conduct any prosecution in summary cases before a Magistrate’s
Court.
(10) A private person may appear in person or by an advocate to
prosecute in summary cases before a Magistrate’s Court for any
offence for which the maximum term of imprisonment provided by
law does not exceed 3 years or which is a fine-only offence.
[19/2018]

Public Prosecutor’s fiat

12.—(1) Despite any provision in this Code, the Public Prosecutor
may by fiat, and on such terms and conditions as he or she thinks fit,
permit any person to prosecute, on the person’s own behalf, any
particular offence punishable under the Penal Code 1871 or any other
written law, or to pursue any further proceedings in such prosecution.
2020 Ed. Criminal Procedure Code 2010 35
(2) The person to whom the fiat is granted under subsection (1) may
either appear in person or by an advocate.

Public Prosecutor’s power to take over conduct of prosecution,

etc.
13. Where a prosecution is conducted by a person other than the
Public Prosecutor, the Deputy Attorney-General mentioned in
section 11(2), the Solicitor-General, a Deputy Public Prosecutor or
an Assistant Public Prosecutor, the Public Prosecutor may, if he or she
thinks fit, take over the conduct of the prosecution at any stage of the
proceedings and continue or discontinue the prosecution.
[41/2014]

PART 4
INFORMATION TO POLICE AND
POWERS OF INVESTIGATION
Division 1 — Duties of police officer
on receiving information about offences
Information about offences received by police
14.—(1) When information is first received at a police station about
an offence, the recording officer must proceed in accordance with this
section.
(2) If the information is in writing, the recording officer must —
(a) if practicable, immediately mark on it the date and time of
receipt at the police station and the name and address of the
person who gave the information; and
(b) if the information appears to be signed by the informant,
file it as a report.
(3) If the information is given orally and the recording officer
considers it practicable to reduce it to writing immediately, the
recording officer must ensure that all of the following are recorded in
a report:
(a) the date and time of the recording officer’s receipt of the
information;

31.12.2021
36 Criminal Procedure Code 2010 2020 Ed.

(b) the name and address of the informant;

(c) the information given by the informant;
(d) such other particulars as the nature of the case may require.
(4) The informant, the recording officer and the interpreter (if any)
must, where practicable, sign the report mentioned in subsection (3).
(5) If the information is given orally and it is impracticable for the
recording officer to write it down immediately, he or she must —
(a) make a note of the first information; and
(b) if the offence to which the information relates is an
arrestable offence, cause to be recorded, as soon as
possible, a fuller statement from the informant under
section 22.
(6) If requested, the recording officer must give a copy of the
information recorded under this section to the informant upon
payment of the prescribed fee.
(7) The Minister charged with the responsibility for home affairs
may prescribe the mode by which information about an offence may
be received or given under this section and section 15.
(8) In this section, “recording officer” means the officer in charge
of a police station or any police officer whose duty includes receiving
reports relating to the commission of any offence.

Information about offences received by authorised persons

15.—(1) When information about an offence is given to any
authorised person —
(a) that person must immediately record the information in a
report and communicate that report to the officer in charge
of a police station or any police officer whose duty
includes dealing with reports relating to the commission of
any offence; and
(b) that officer must then proceed in accordance with
section 16 or 17.
2020 Ed. Criminal Procedure Code 2010 37
(2) If requested, the officer mentioned in subsection (1) must give a
copy of the information recorded under this section to the informant
upon payment of the prescribed fee.
(3) In this section, “authorised person” means any person, not being
a police officer, who is authorised by the Commissioner of Police to
receive reports relating to the commission of any offence.

Procedure in non-arrestable cases

16.—(1) Where the information so filed or recorded under
section 14 or 15 relates to a non-arrestable offence —
(a) the case must thereupon be investigated by a police officer;
(b) the informant must, by order of a police officer, be referred
to a Magistrate; or
(c) a police officer may refer the case to a mediator of a
Community Mediation Centre, established under the
Community Mediation Centres Act 1997, for mediation.
(2) In investigating such a case, a police officer may, by order of the
Public Prosecutor or a Magistrate, exercise any of the special powers
of investigation under sections 21, 22, 34, 39 and 111.
(3) A police officer receiving an order of the Public Prosecutor or a
Magistrate as mentioned in subsection (2) may also exercise the same
powers in respect of the investigation as the police officer may
exercise without an order in an arrestable case, except the power to
arrest without warrant.
(4) Any informant referred to a Magistrate under subsection (1)
must be supplied with a copy of any report filed or recorded under
section 14 or 15 on which must be endorsed the name of the police
station or place at which the information was so filed or recorded.
(5) A police officer must record his or her reasons if he or she
decides not to investigate into any non-arrestable case.

Procedure when arrestable offence is suspected

17.—(1) If, from information received or otherwise, a police officer
has reason to suspect that an arrestable offence has been committed at

31.12.2021
38 Criminal Procedure Code 2010 2020 Ed.

any place, the police officer must, or if he or she is unable to attend to

the case, another police officer acting in his or her place must —
(a) go as soon as practicable to the place to investigate the
facts and circumstances of the case; and
(b) try to find the offender and, if appropriate, arrest the
offender and report the case to the Public Prosecutor.
(2) Despite subsection (1) —
(a) if the police officer has reason to believe that the case is not
of a serious nature, there is no need to go to the place to
investigate the facts and circumstances of the case; or
(b) if the police officer has reason to believe that there are
insufficient grounds for proceeding with the matter, he or
she must not do so.
(3) In each of the cases mentioned in subsection (2)(a) and (b), the
police officer receiving the information must state in his or her report
his or her reason for not fully complying with subsection (1).

Investigation in arrestable cases

18.—(1) A police officer may exercise all or any of the special
powers of investigation under sections 21, 22, 34, 39 and 111 when
investigating any arrestable case.
(2) The action of a police officer in such a case may not be called
into question at any time on the ground that he or she lacked authority
under this section to exercise the special powers of investigation
under sections 21, 22, 34, 39 and 111.

Diary of proceedings in investigation

19.—(1) A police officer conducting any investigation under this
Part must keep a daily diary of his or her progress, setting out —
(a) the time at which any order for investigation reached him
or her;
(b) the times at which he or she began and closed his or her
investigation;
(c) the places he or she visited; and
2020 Ed. Criminal Procedure Code 2010 39
(d) the findings of his or her investigation.
(2) Despite anything in the Evidence Act 1893, an accused is not
entitled to call for or inspect such a diary before or during an inquiry,
a trial or other proceeding under this Code.
(3) Where, for the purposes of section 161 or 162 of the Evidence
Act 1893, the police officer conducting the investigation refers to
such a diary, then —
(a) the accused may be shown only the entries in the diary that
the officer or prosecutor has referred to; and
(b) the prosecutor must conceal or obliterate any other entries.

Power to order production of any document or other thing

20.—(1) Where a police officer of or above the rank of sergeant, or
an authorised person, considers that any document or thing (other
than a document or thing in the custody of the Postal Authority, a
public postal licensee or the public parcel locker network operator) is
necessary or desirable for any investigation, inquiry, trial or other
proceeding under this Code, the police officer or authorised person
may —
(a) issue a written order to require a person in whose
possession or power the document or thing is believed to
be —
(i) to produce the document or thing at the time and
place stated in the order;
(ii) to give a police officer or an authorised person access
to the document or thing; or
(iii) in the case of a document or thing that is in electronic
form —
(A) to produce a copy of the document or thing, at
the time and place stated in the order; or
(B) to give a police officer or an authorised person
access to a copy of the document or thing; or

31.12.2021
40 Criminal Procedure Code 2010 2020 Ed.

(b) in the case of a document or thing that is contained in or

available to a computer — issue a written order to require a
person who is believed to have power to access the
document or thing from that computer —
(i) to produce a copy of the document or thing, at the
time and place stated in the order; or
(ii) to give a police officer or an authorised person access
to a copy of the document or thing.
[19/2018; 10/2021]

(1A) Without limiting subsection (1), where a police officer of or

above the rank of sergeant, or an authorised person, considers that any
data (other than data in the custody of the Postal Authority, a public
postal licensee or the public parcel locker network operator) is
necessary or desirable for any investigation, inquiry, trial or other
proceeding under this Code, the police officer or authorised person
may —
(a) issue a written order to require a person in whose
possession or power the data is believed to be —
(i) to authenticate the data; and
(ii) to produce the data, at the time and place stated in the
order; or
(b) in the case of any data that is contained in or available to a
computer — issue a written order to require a person who
is believed to have power to access the data from that
computer —
(i) to authenticate a copy of the data; and
(ii) to produce a copy of the data, at the time and place
stated in the order.
[19/2018; 10/2021]

(2) Despite subsections (1) and (1A), a written order under

subsection (1) or (1A) for the production of customer information
by a financial institution, or access to customer information kept by a
financial institution —
2020 Ed. Criminal Procedure Code 2010 41
(a) may only be made by a police officer of or above the rank
of inspector, or an authorised person; and
(b) may require the financial institution to monitor any
account of a customer of the financial institution for a
period of time and provide such information relating to the
transactions carried out in the account during that period.
[19/2018]

(3) If any document or thing in the custody of the Postal Authority,

a public postal licensee or the public parcel locker network operator
is, in the opinion of the Public Prosecutor, required for any
investigation, inquiry, trial or other proceeding under this Code, the
Public Prosecutor may issue a written order to require the Postal
Authority, public postal licensee or public parcel locker network
operator, as the case may be —
(a) to deliver that document or thing, at the time and place
stated in the order, to a person stated in the order; or
(b) in the case of a document or thing that is in electronic form
or is contained in or available to a computer — to deliver a
copy of that document or thing, at the time and place stated
in the order, to a person stated in the order.
[19/2018; 10/2021]

(3A) Without limiting subsection (3), if any data in the custody of

the Postal Authority, a public postal licensee or the public parcel
locker network operator is, in the opinion of the Public Prosecutor,
required for any investigation, inquiry, trial or other proceeding under
this Code, the Public Prosecutor may —
(a) issue a written order to require the Postal Authority, public
postal licensee or public parcel locker network operator, as
the case may be —
(i) to authenticate the data; and
(ii) to produce the data, at the time and place stated in the
order; or
(b) in the case of any data that is contained in or available to a
computer — issue a written order to require the Postal

31.12.2021
42 Criminal Procedure Code 2010 2020 Ed.

Authority, public postal licensee or public parcel locker

network operator, as the case may be —
(i) to authenticate a copy of the data; and
(ii) to produce a copy of the data, at the time and place
stated in the order.
[19/2018; 10/2021]

(4) If a person is required merely to produce any document, thing,

data or copy, the person may comply with that requirement by
causing the document, thing, data or copy to be produced instead of
bringing it in person.
[19/2018]

(5) A police officer, or an authorised person, may exercise the

powers conferred under this section despite any provision in any
other law relating to the production of, or the giving of any access to,
any document or thing, or data.
[19/2018]

(6) The cost incurred by a person in complying with any

requirement or written order under this section, or any requirement
under any regulations in respect of any matter mentioned in
section 428(2)(d), is to be borne by the person.
[19/2018; 14/2019]

(7) Any person who fails to comply with a written order issued
under subsection (1), (1A), (3) or (3A), shall be guilty of an offence
and shall be liable on conviction —
(a) in any case where the person is a body corporate, a limited
liability partnership, a partnership or an unincorporated
association — to a fine not exceeding $10,000;
(b) in any case where the person is an individual, and the
written order states that it is issued for the investigation or
trial of an arrestable offence — to a fine not exceeding
$5,000 or to imprisonment for a term not exceeding
6 months or to both; or
(c) in any other case — to a fine not exceeding $1,500 or to
imprisonment for a term not exceeding one month or to
both.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 43
(8) No liability shall lie against a person who, acting in good faith
and with reasonable care, does or omits to do anything in complying
with any written order issued under subsection (1), (1A), (3) or (3A),
or with any requirement under any regulations in respect of any
matter mentioned in section 428(2)(d).
[19/2018; 14/2019]

(9) In this section —

“authorised person” means —
(a) any person who is authorised in writing by the
Commissioner of Police for the purposes of this
section; or
(b) any officer of a prescribed law enforcement agency
who is authorised in writing, by the head of that law
enforcement agency, for the purposes of this section;
“customer information” has the meaning given by section 40A
of the Banking Act 1970;
“prescribed law enforcement agency” means a law enforcement
agency prescribed, by order in the Gazette, by the Minister
charged with the responsibility for that law enforcement
agency.
[19/2018]

Power to require attendance of witnesses

21.—(1) In conducting an investigation under this Part, a police
officer may issue a written order requiring anyone within the limits of
Singapore, who appears to be acquainted with any of the facts and
circumstances of the case, to attend before the police officer, and that
person must attend as required.
(2) If that person fails to attend as required, the police officer may
report the matter to a Magistrate who may then issue a warrant
ordering the person to attend.

Power to examine witnesses

22.—(1) In conducting an investigation under this Part, a police
officer, or a forensic specialist acting in the course of his or her duty

31.12.2021
44 Criminal Procedure Code 2010 2020 Ed.

as such in accordance with the written authorisation of the

Commissioner under the Police Force Act 2004 and the lawful
directions of the police officer or law enforcement officer he or she
assists, may examine orally any person who appears to be acquainted
with any of the facts and circumstances of the case —
(a) whether before or after that person or anyone else is
charged with an offence in connection with the case; and
(b) whether or not that person is to be called as a witness in any
inquiry, trial, or other proceeding under this Code in
connection with the case.
[10/2015]

(2) The person examined is bound to state truly what the person
knows of the facts and circumstances of the case, except that the
person need not say anything that might expose the person to a
criminal charge, penalty or forfeiture.
(3) Subject to subsection (5), a statement made by a person
examined under this section must be recorded —
(a) in writing; or
(b) in the form of an audiovisual recording.
[19/2018]

(4) Where a statement made by a person examined under this

section is recorded in writing, the statement must —
(a) be read over to the person;
(b) if the person does not understand English, be interpreted
for the person in a language that the person understands;
and
(c) be signed by the person.
[19/2018]

(5) Where, before a person makes a statement under this section,

any police officer or forensic specialist examining the person
reasonably suspects the person of having committed an offence
specified in the Third Schedule, any statement made by the person
during the examination must be recorded in the form of an
audiovisual recording, unless any of the following applies:
2020 Ed. Criminal Procedure Code 2010 45
(a) due to an operational exigency, it is not feasible to record
the statement in the form of an audiovisual recording;
(b) the equipment designated for recording the statement in the
form of an audiovisual recording —
(i) does not work; and
(ii) cannot be repaired or replaced within a reasonable
time;
(c) the person requests that the statement be recorded in
writing instead of in the form of an audiovisual recording,
and the police officer or forensic specialist examining the
person reasonably believes that the granting of the request
will facilitate the investigation.
[19/2018]

(6) Despite subsection (5) —

(a) a mere failure to comply with subsection (5) does not
render a statement by a person examined under this section
inadmissible if the statement is otherwise admissible; and
(b) no inference is to be drawn by the court from a mere failure
to comply with that subsection.
[19/2018]

(7) Except as provided in subsection (5), any police officer or

forensic specialist examining a person under this section may decide
whether a statement made by the person during the examination is to
be recorded —
(a) in writing; or
(b) in the form of an audiovisual recording.
[19/2018]

Cautioned statements
23.—(1) If, during an investigation, a person (called in this section
the accused) is charged with an offence or informed by a police
officer or any other person charged with the duty of investigating
offences or charging offenders that the accused may be prosecuted for
an offence, the accused must be served with and have read to the
accused a written notice as follows:

31.12.2021
46 Criminal Procedure Code 2010 2020 Ed.

. “You have been charged with [or informed that you may be
prosecuted for] —
(set out the charge).
Do you want to say anything about the charge that was just
read to you? If you keep quiet now about any fact or matter in
your defence and you reveal this fact or matter in your defence
only at your trial, the judge may be less likely to believe you.
This may have a bad effect on your case in court. Therefore it
may be better for you to mention such fact or matter now. If
you wish to do so, what you say will be written down, read
back to you for any mistakes to be corrected and then signed by
you.”.

(2) If an accused, after the notice under subsection (1) is read to him
or her —
(a) remains silent; or
(b) says or does anything which intimates the accused’s refusal
to give a statement,
the fact of his or her remaining silent or his or her refusal to give a
statement or his or her other action must be recorded.
(3) Subject to subsection (3B), a statement made by an accused in
answer to a notice read to the accused under subsection (1) must be
recorded —
(a) in writing; or
(b) in the form of an audiovisual recording.
[19/2018]

(3A) Where a statement made by an accused in answer to a notice

read to the accused under subsection (1) is recorded in writing, the
statement must —
(a) be read over to the accused;
(b) if the accused does not understand English, be interpreted
for the accused in a language that the accused understands;
and
2020 Ed. Criminal Procedure Code 2010 47
(c) be signed by the accused.
[19/2018]

(3B) Where, before an accused makes a statement in answer to a

notice read to the accused under subsection (1), the accused is
charged with or informed that the accused may be prosecuted for an
offence specified in the Third Schedule, the statement made by the
accused must be recorded in the form of an audiovisual recording,
unless any of the following applies:
(a) due to an operational exigency, it is not feasible to record
the statement in the form of an audiovisual recording;
(b) the equipment designated for recording the statement in the
form of an audiovisual recording —
(i) does not work; and
(ii) cannot be repaired or replaced within a reasonable
time;
(c) the accused requests that the statement be recorded in
writing instead of in the form of an audiovisual recording,
and the police officer or person to whom the accused
intends to make the statement reasonably believes that the
granting of the request will facilitate the investigation.
[19/2018]

(3C) Despite subsection (3B) —

(a) a mere failure to comply with subsection (3B) does not
render a statement made by an accused in answer to a
notice read to the accused under subsection (1)
inadmissible, if the statement is otherwise admissible; and
(b) no inference is to be drawn by the court from a mere failure
to comply with subsection (3B).
[19/2018]

(3D) Except as provided in subsection (3B), the police officer or

person to whom an accused intends to make a statement, in answer to
a notice read to the accused under subsection (1), may decide whether
the statement is to be recorded —
(a) in writing; or

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48 Criminal Procedure Code 2010 2020 Ed.

(b) in the form of an audiovisual recording.

[19/2018]

(3E) To avoid doubt, nothing in subsection (3) or (3B) prevents or

prohibits a police officer or person to whom an accused intends to
make a statement in answer to a notice read to the accused under
subsection (1) from arranging for the statement to be recorded both —
(a) in writing; and
(b) in the form of an audiovisual recording.
[19/2018]

(4) No statement made by an accused in answer to a notice read to

the accused under subsection (1) is to be construed as a statement
caused by any threat, inducement or promise as is described in
section 258(3), if it is otherwise voluntary.
(5) Where a statement made by an accused, in answer to a notice
read to the accused under subsection (1), is recorded in writing, a
copy of the statement must be given to the accused at the end of the
recording.
[19/2018]

(6) Where a statement made by an accused, in answer to a notice

read to the accused under subsection (1), is recorded in the form of an
audiovisual recording —
(a) if requested by the defence, arrangements must be made
for the accused and the accused’s advocate (if any) to view
the audiovisual recording of the statement, as soon as
practicable after the audiovisual recording is made, at a
police station or at any other prescribed place; and
(b) if a transcript of the audiovisual recording is made, a copy
of the transcript must be given to the accused as soon as
practicable after the transcript is made.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 49
Division 2 — Search and seizure
When search warrant may be issued
24.—(1) A court may issue a search warrant if —
(a) the court has reason to believe that a person who has been
or may be issued an order under section 20(1), (1A), (3) or
(3A), or a summons under section 235(1), would not
produce any document or other thing (including data), or a
copy of the document or thing, as required by the order or
summons;
(b) it is not known who possesses that document or thing; or
(c) the court considers that a general or specific search or
inspection will serve the purposes of justice or of any
investigation, inquiry, trial or other proceeding under this
Code.
[19/2018]

(2) Nothing in this section authorises any court other than the
General Division of the High Court to grant a warrant to search for
any document or other thing (including data), or any copy of the
document or thing, in the custody of the Postal Authority, a public
postal licensee or the public parcel locker network operator.
[19/2018; 40/2019; 10/2021]

Search of house suspected to contain stolen property, forged

documents, etc.
25. If a court, upon information and after such inquiry as it thinks
necessary, has reason to believe that any place is used —
(a) for the deposit or sale of stolen property or of property
unlawfully obtained or of goods in respect of which an
offence has been committed under section 4 of the
Consumer Protection (Trade Descriptions and Safety
Requirements) Act 1975;
(b) for the deposit or sale or manufacture of any forged
document, false seal, counterfeit stamp or coin, or any
instrument or material for counterfeiting any coin or stamp
or for forging; or

31.12.2021
50 Criminal Procedure Code 2010 2020 Ed.

(c) for the concealing, keeping or depositing of any stolen

property or property unlawfully obtained, forged
document, false seal, counterfeit stamp or coin, or any
instrument or material used for counterfeiting any coin or
stamp or for forging,
the court may by warrant authorise the person or persons to whom it is
issued —
(d) to enter that place with such assistance as may be required;
(e) to search it in the manner, if any, specified in the warrant;
(f) to take possession of any goods, property, document, seal,
stamp or coin found in it which any of those persons
reasonably suspects to be the subject of an offence
committed under section 4 of the Consumer Protection
(Trade Descriptions and Safety Requirements) Act 1975 or
to be stolen, unlawfully obtained, forged, false or
counterfeit, and also of any such instrument and material
as aforesaid;
(g) to convey any such goods, property, document, seal, stamp,
coin, instrument or material before a Magistrate’s Court, or
to guard the same on the spot until the offender is taken
before a Magistrate’s Court, or otherwise to dispose thereof
in some place of safety; and
(h) to take into custody and produce before a Magistrate’s
Court every person found in that place who appears to have
been privy to the deposit, sale or manufacture or keeping of
any such goods, property, document, seal, stamp, coin,
instrument or material knowing or having reasonable cause
to suspect —
(i) the goods to have been the subject of an offence
committed under section 4 of the Consumer
Protection (Trade Descriptions and Safety
Requirements) Act 1975;
(ii) the property to have been stolen or otherwise
unlawfully obtained;
2020 Ed. Criminal Procedure Code 2010 51
(iii) the document, seal, stamp or coin to have been
forged, falsified or counterfeited; or
(iv) the instrument or material to have been or to be
intended to be used for counterfeiting any coin or
stamp or for forging.

Form of search warrant

26.—(1) A search warrant issued by a court under this Code must
be in writing bearing the seal of the court, and signed by a Magistrate
or District Judge (as the case may be), or in the case of the General
Division of the High Court, by a Judge or by the Registrar of the
Supreme Court.
[40/2019]

(2) A search warrant must ordinarily be issued to the Commissioner

of Police and to one or more other police officers to be designated by
name in the warrant, and all or any of those police officers may
execute it.
(3) The court may in appropriate circumstances issue a search
warrant to one or more named persons who are not police officers,
and all or any of those persons may execute it.
(4) The court may, if it thinks fit, specify in a search warrant the
particular place or part of it to be searched or inspected, and the
person charged with executing the warrant must then search or
inspect only the specified place or part thereof.
(5) A search warrant is subject to such conditions as may be
specified by the court and remains in force for the number of days
stated in the warrant.

Setting aside search warrant

27.—(1) A court issuing a search warrant may suspend or cancel
the warrant if there are good reasons to do so.
(2) Where a search warrant is suspended or cancelled, the court
must as soon as is reasonably practicable, inform the person or
persons to whom the search warrant is issued of the suspension or
cancellation.

31.12.2021
52 Criminal Procedure Code 2010 2020 Ed.

When search warrant issued to person other than police officer

28.—(1) The court must specify the following conditions in every
search warrant issued under section 26(3):
(a) a list or description of the documents or things, or class of
documents or things, that the person executing the search
warrant may seize pursuant to the search;
(b) whether section 31(2) applies, and if so, the extent of its
application;
(c) the amount of bond that the person executing the warrant
must sign to ensure that the warrant is properly executed
and the peace is kept.
(2) The court may, in addition to the conditions in subsection (1),
specify in any search warrant issued under section 26(3) such
conditions as it deems necessary for the proper execution of the
warrant and the prevention of any breach of the peace.

Execution of search warrant

29.—(1) The person granted a search warrant must conduct the
search in accordance with the warrant and with this Code.
(2) Entry and search under a search warrant must be conducted
during such period of time as may be specified in the warrant.
(3) If the occupier of a place to be entered and searched is present
when the person granted the search warrant seeks to execute it, the
person granted the warrant must —
(a) identify himself or herself to the occupier and —
(i) if he or she is a police officer, show the occupier
documentary evidence that he or she is such a police
officer; or
(ii) if he or she is not a police officer, show the occupier
his or her original identity card or travel document as
proof of his or her identity;
(b) show the occupier the warrant; and
(c) if requested, give the occupier a copy of the warrant.
2020 Ed. Criminal Procedure Code 2010 53
(4) If the occupier is not present when the person granted the search
warrant seeks to execute it, but some other person who appears to be
in charge of the place is present, then subsection (3) applies to that
other person as if that other person were the occupier.
(5) If a search warrant is issued by a court under section 26(3), the
person issued the warrant must, after duly executing the warrant,
report that fact to the court and submit the list prepared under
section 37(1).

Search for person wrongfully confined

30.—(1) A court may issue a search warrant if there is reason to
believe that a person is confined under such circumstances that the
confinement amounts to an offence.
(2) The police officer or person granted the search warrant may
search for the confined person in accordance with the terms of the
warrant.
(3) The confined person, if found, must as soon as reasonably
practicable, be taken before the court, and the court is to make an
order that is appropriate in the circumstances.
(4) If information is given to a police officer that there is reasonable
cause for suspecting that any person is unlawfully confined in a place,
and the police officer has reason to believe that a delay in obtaining a
search warrant is likely to adversely affect the rescue of the confined
person or the arrest of the person responsible for confining the
confined person, that police officer may immediately proceed to enter
and search the place without a search warrant.

Person in charge of closed place to allow search

31.—(1) Where a police officer or other person executing any
search under this Division demands entry or access to a place liable to
search under this Division, the occupier or any person in charge of the
place must allow him or her free entry or access and provide all
reasonable facilities for a search in it.
(2) If free entry or access to that place cannot be obtained under
subsection (1), it is lawful in any case for the police officer or other
person executing the search warrant to break open any outer or inner

31.12.2021
54 Criminal Procedure Code 2010 2020 Ed.

door or window of any place or to use any other reasonable means in

order to gain entry or access into the place.

Search without warrant for stolen property

32.—(1) If information is given to any police officer of or above the
rank of sergeant that there is reasonable cause for suspecting that any
stolen property is concealed or lodged in any place and the police
officer has good grounds for believing that by reason of the delay in
obtaining a search warrant such property is likely to be removed, he
or she may search for the property alleged to have been stolen in the
place specified without a search warrant.
(2) A list of all the articles found upon a search conducted under
subsection (1) and alleged to have been stolen or missing must be
delivered or taken down in writing with a declaration stating that an
offence of theft, extortion, robbery, criminal misappropriation,
criminal breach of trust or cheating has been committed and that
the informant has good grounds for believing that the property is
deposited in that place.
(3) The person who lost the property or the person’s representative
must accompany the officer in the search for that property under
subsection (1) unless that person or that person’s representative
cannot be found without unreasonable delay.

Summary search
33.—(1) The Commissioner of Police may authorise any police
officer in writing to enter any place in the circumstances mentioned in
subsection (2) to search, seize and secure any property which the
police officer believes to have been stolen as if the police officer had a
search warrant for the property seized.
(2) The circumstances mentioned in subsection (1) are —
(a) when the place to be searched is, or has in the 12 months
preceding the search been, occupied or used by any person
who has been convicted of the offence of receiving stolen
property or of harbouring thieves; or
2020 Ed. Criminal Procedure Code 2010 55
(b) when the place to be searched is occupied or used by any
person who has been convicted of any offence involving
fraud or dishonesty punishable with imprisonment.
(3) In authorising any police officer under subsection (1), it is not
necessary for the Commissioner of Police to specify any particular
property if the Commissioner of Police has reason to believe
generally that the place to be searched is being made a storage for
stolen property.

Search by police officer in arrestable case

34.—(1) A police officer investigating an arrestable offence may,
without a search warrant, search or cause a search to be made for a
document or other thing in any place if —
(a) the police officer considers the document or thing to be
necessary for his or her investigation and if he or she has
reason to believe that a person who has been or may be
issued with an order under section 20(1) will not or is
unlikely to produce the document or thing or give access
thereto as directed in the order;
(b) the police officer has reason to believe that the document
or thing, which he or she considers to be necessary for his
or her investigation, is likely to be removed; or
(c) it is not known who possesses the document or thing which
he or she considers to be necessary for his or her
investigation.
(2) The police officer in subsection (1) must, if reasonably
practicable, conduct the search in person.
(2A) A reference to a police officer in this section includes a
reference to a forensic specialist acting in the course of his or her duty
as such in accordance with the written authorisation of the
Commissioner under the Police Force Act 2004 and the lawful
directions of the police officer he or she assists.
[10/2015]

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56 Criminal Procedure Code 2010 2020 Ed.

(3) The provisions of this Code relating to searches pursuant to

search warrants apply, with the necessary modifications, to a search
made under this section.

Powers to seize property in certain circumstances

35.—(1) A police officer may seize, or prohibit the disposal of or
dealing in, any property —
(a) in respect of which an offence is suspected to have been
committed;
(b) which is suspected to have been used or intended to be used
to commit an offence; or
(c) which is suspected to constitute evidence of an offence.
(2) If the property liable to be seized under subsection (1) is held or
suspected to be held in an account or a safe deposit box in a financial
institution, a police officer of or above the rank of inspector may, by
written order —
(a) direct the financial institution to deliver the property to any
police officer; or
(b) direct the financial institution not to allow any dealings in
respect of the property in such account or safe deposit box
for such period as may be specified in the order.
(3) A police officer to whom any property has been delivered under
subsection (2)(a) must, as soon as is reasonably practicable, make a
report of his or her receipt of the property at a police station.
(4) A police officer may exercise the powers conferred under this
section despite any provision in any other law relating to the seizure
of, or the prohibition of any disposal of or dealing in, any property.
(5) Where any property held in an account in a financial institution
is subject to a written order made by a police officer under
subsection (2)(b) —
(a) any interest or other earnings on the account, or any other
payments, may be credited into the account after the date
on which the written order was made; and
2020 Ed. Criminal Procedure Code 2010 57
(b) any such interest, other earnings or payments are deemed
to be subject to that same written order.
(6) Any financial institution which contravenes an order made
under subsection (2)(a) or (b) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $3,000.
(7) A court may —
(a) subsequent to an order of a police officer made under
subsection (2); and
(b) on the application of any person who is prevented from
dealing with property,
order the release of the property or any part of the property.
(8) The court may only order a release of property under
subsection (7) if it is satisfied that —
(a) such release is necessary for the payment of basic
expenses, including any payment for foodstuff, rent, the
discharge of a mortgage, medicine, medical treatment,
taxes, insurance premiums and public utility charges;
(b) such release is necessary exclusively for —
(i) the payment of reasonable professional fees and the
reimbursement of any expenses incurred in
connection with the provision of legal services; or
(ii) the payment of fees or service charges imposed for
the routine holding or maintenance of the property
which the person is prevented from dealing in;
(c) such release is necessary for the payment of any
extraordinary expenses;
(d) the property is the subject of any judicial, administrative or
arbitral lien or judgment, in which case the property may
be used to satisfy the lien or judgment, provided that the
lien or judgment arose or was entered before the order was
made under subsection (2)(b); or

31.12.2021
58 Criminal Procedure Code 2010 2020 Ed.

(e) such release is necessary, where the person is a company

incorporated in Singapore, for any day-to-day operations
of the company.
(9) In this section, property in respect of which an offence is
suspected to have been committed and property which is suspected to
have been used or intended to be used to commit an offence
include —
(a) such property as was originally in the possession or under
the control of any person;
(b) any property into or for which the property which was
originally in the possession or under the control of any
person has been converted or exchanged and anything
acquired by such conversion or exchange, whether
immediately or otherwise; and
(c) if the property mentioned in paragraph (a) or (b) is money
kept in an account in a financial institution, any interest or
other earnings on such account or any other payment which
is credited into such account after the date —
(i) on which the offence is suspected to have been
committed; or
(ii) on which the property is suspected to have been used
or intended to be used to commit an offence.
(10) A reference to a police officer in this section includes a
reference to a forensic specialist acting in the course of his or her duty
as such in accordance with the written authorisation of the
Commissioner under the Police Force Act 2004 and the lawful
directions of the police officer he or she assists.
[10/2015]

Forfeiture of counterfeit currency or banknote, etc.

36.—(1) Any police officer of or above the rank of sergeant, upon
being satisfied that any person has in the person’s possession —
(a) any counterfeit currency or any die, instrument or material
for the purpose of counterfeiting any currency; or
2020 Ed. Criminal Procedure Code 2010 59
(b) any forged or counterfeit banknote or any machinery,
instrument or material used for the forging or
counterfeiting of any banknote,
may, without warrant and with or without assistance, enter and search
any place where any such currency or banknote or any such die,
machinery, instrument or material is kept and seize any such
currency, banknote, die, machinery, instrument or material.
[15/2019]

(2) Anything seized under subsection (1) must, by order of the court
before which any person is tried relating to such possession, or where
there is no trial, by order of a Magistrate, be forfeited and must be
destroyed or otherwise disposed of in such manner as the Minister
may direct.
(3) In this section, “banknote”, “currency”, “die” and “instrument”
have the meanings given by the Penal Code 1871.
[15/2019]

List of all things seized to be made and signed

37.—(1) A police officer or any other person making a search under
this Division must prepare and sign a list of all things seized during
the search, recording the location where each such thing is found.
(2) In every case, the occupier or person in charge of the place
searched, or a person acting on behalf of the occupier or person in
charge, may attend during the search, and must be given a signed
copy of the list.

Power of court to impound document or other thing produced

38. A court may, if it thinks fit, impound any document or other
thing taken under this Code and produced before it.

Power to access computer

39.—(1) A police officer or an authorised person investigating an
arrestable offence may, at any time —
(a) access, inspect and check the operation in or from
Singapore of a computer (whether in Singapore or
elsewhere) that the police officer or authorised person

31.12.2021
60 Criminal Procedure Code 2010 2020 Ed.

has reasonable cause to suspect is or has been used in

connection with, or contains or contained evidence relating
to, the arrestable offence;
(b) use any such computer in or from Singapore, or cause any
such computer to be used in or from Singapore —
(i) to search any data contained in or available to such
computer; and
(ii) to make a copy of any such data;
(c) prevent any other person from gaining access to, or using,
any such computer (including by changing any username,
password or other authentication information required to
gain access to the computer); or
(d) order any person —
(i) to stop accessing or using or to not access or use any
such computer; or
(ii) to access or use any such computer only under such
conditions as the police officer or authorised person
may specify.
[19/2018]

(2) The police officer or authorised person may also order any of
the following persons to provide any assistance mentioned in
subsection (2A):
(a) any person whom the police officer or authorised person
reasonably suspects of using, or of having used, the
computer in connection with the arrestable offence;
(b) any person having charge of, or otherwise concerned with
the operation of, the computer;
(c) any person whom the police officer or authorised person
reasonably believes has knowledge of or access to any
username, password or other authentication information
required to gain access to the computer.
[19/2018]

(2A) For the purposes of subsection (2), the types of assistance are
as follows:
2020 Ed. Criminal Procedure Code 2010 61
(a) assistance to gain access to the computer (including
assistance through the provision of any username,
password or other authentication information required to
gain access to the computer);
(b) assistance to prevent a person (other than the police officer
or authorised person) from gaining access to, or using, the
computer, including assistance in changing any username,
password or other authentication information required to
gain access to the computer.
[19/2018]

(2B) Without limiting subsection (1), where the police officer or

authorised person knows that the computer mentioned in that
subsection is located outside Singapore, or does not know whether
that computer is located in or outside Singapore, the police officer or
authorised person —
(a) may exercise the powers under subsection (1) in relation to
that computer, or any data contained in or available to that
computer, if —
(i) the owner of that computer consents to the exercise
of those powers; or
(ii) the police officer or authorised person obtains access
to that computer through the exercise of any power
of investigation under any written law, such as in any
of the following circumstances:
(A) the access is obtained with the assistance
mentioned in subsection (2A)(a) provided
under subsection (2) by a person having
charge of, or otherwise concerned with the
operation of, that computer;
(B) the access is obtained through an active
connection with, or through any username,
password or other authentication information
stored in, another computer, which has been
seized under section 35 and accessed under
subsection (1);

31.12.2021
62 Criminal Procedure Code 2010 2020 Ed.

(C) the access is obtained through any username,

password or other authentication information
contained in any document seized under
section 35;
(D) the access is obtained through any username,
password or other authentication information
provided in any statement made by any person
examined under section 22; and
(b) may exercise the powers under subsection (1)(b) in relation
to any data contained in or available to that computer, if the
owner of that data consents to the exercise of those powers.
[19/2018]

(3) Any person who obstructs the lawful exercise by a police officer
or an authorised person of any power under subsection (1)(a), (b) or
(c), or who fails to comply with any order of the police officer or
authorised person under subsection (1)(d) or (2), shall be guilty of an
offence and shall be liable on conviction —
(a) in any case where the person is a body corporate, a limited
liability partnership, a partnership or an unincorporated
association — to a fine not exceeding $10,000; or
(b) in any other case — to a fine not exceeding $5,000 or to
imprisonment for a term not exceeding 6 months or to both.
[19/2018]

(4) An offence under subsection (3) is an arrestable offence.

(5) A person who had acted in good faith under subsection (1) or in
compliance with a requirement under subsection (1)(d) or (2) shall
not be liable in any criminal or civil proceedings for any loss or
damage resulting from the act.
[19/2018]

(6) In this section and section 40 —

“authorised person” means —
(a) a forensic specialist appointed under section 65A of
the Police Force Act 2004, or any other person, who
is authorised in writing by the Commissioner of
2020 Ed. Criminal Procedure Code 2010 63
Police for the purposes of this section or section 40 or
both; or
(b) any officer of a prescribed law enforcement agency
who is authorised in writing, by the head of that law
enforcement agency, for the purposes of this section
or section 40 or both;
“prescribed law enforcement agency” means a law enforcement
agency prescribed, by order in the Gazette, by the Minister
charged with the responsibility for that law enforcement
agency.
[19/2018]

Power to access decryption information

40.—(1) For the purposes of investigating an arrestable offence, the
Public Prosecutor may by order authorise a police officer or an
authorised person to exercise, in addition to the powers under
section 39, all or any of the powers under this section.
(2) The police officer or authorised person mentioned in
subsection (1) is entitled to —
(a) access any information, code or technology which has the
capability of retransforming or unscrambling encrypted
data into readable and comprehensible format or text for
the purposes of investigating the arrestable offence;
(b) require —
(i) any person whom the police officer or authorised
person reasonably suspects of using a computer in
connection with an arrestable offence or of having
used it in this way; or
(ii) any person having charge of, or otherwise concerned
with the operation of, such computer,
to provide the police officer or authorised person with such
reasonable technical and other assistance as he or she may
require for the purposes of paragraph (a); and

31.12.2021
64 Criminal Procedure Code 2010 2020 Ed.

(c) require any person whom the police officer or authorised

person reasonably suspects to be in possession of any
decryption information to grant the police officer or
authorised person access to such decryption information
as may be necessary to decrypt any data required for the
purposes of investigating the arrestable offence.
(3) Any person who obstructs the lawful exercise by a police officer
or an authorised person of the powers under subsection (2)(a) or who
fails to comply with any requirement of the police officer or
authorised person under subsection (2)(b) or (c) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$10,000 or to imprisonment for a term not exceeding 3 years or to
both.
(4) Where a person is convicted of an offence under subsection (3)
and it is shown that the encrypted data contains evidence relevant to
the planning, preparation or commission of a specified serious
offence, the person shall, in lieu of the punishment prescribed under
subsection (3) —
(a) be liable to be punished with the same punishment
prescribed for that specified serious offence, except that
the punishment imposed shall not exceed a fine of $50,000
or imprisonment for a term not exceeding 10 years or both;
or
(b) be liable to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding 10 years or to
both where the specified serious offence is punishable on
conviction with death or imprisonment for life.
(5) For the purposes of subsection (4) but subject to subsection (6),
“specified serious offence” means an offence under any of the
following written laws:
(a) any written law which provides for any offence involving
the causing of death or bodily harm;
(b) any written law relating to actions or the threat of actions
prejudicial to national security;
2020 Ed. Criminal Procedure Code 2010 65
(c) any written law relating to radiological or biological
weapons;
(d) the Arms and Explosives Act 1913;
(e) the Chemical Weapons (Prohibition) Act 2000;
(f) the Corrosive and Explosive Substances and Offensive
Weapons Act 1958;
(g) the Hijacking of Aircraft and Protection of Aircraft and
International Airports Act 1978;
(h) the Kidnapping Act 1961;
(i) the Maritime Offences Act 2003;
(j) the Official Secrets Act 1935;
(k) the Infrastructure Protection Act 2017;
(l) the Statutory Bodies and Government Companies
(Protection of Secrecy) Act 1983;
(m) the Strategic Goods (Control) Act 2002;
(n) the Terrorism (Suppression of Financing) Act 2002;
(o) the United Nations (Anti-Terrorism Measures)
Regulations;
(p) such other written law as the Minister may, by order in the
Gazette, specify.
[41/2017]

(6) An offence is not a specified serious offence for the purposes of

subsection (4) unless the maximum punishment prescribed for that
offence, whether for a first or subsequent conviction, is —
(a) imprisonment for a term of 5 years or more;
(b) imprisonment for life; or
(c) death.
(7) In proceedings against any person for an offence under this
section, if it is shown that that person was in possession of any
decryption information at any time before the time of the request for
access to such information, that person is presumed for the purposes

31.12.2021
66 Criminal Procedure Code 2010 2020 Ed.

of those proceedings to have continued to be in possession of that

decryption information at all subsequent times, unless it is shown that
the decryption information —
(a) was not in that person’s possession at the time the request
was made; and
(b) continued not to be in that person’s possession after the
request was made.
(8) A person who had acted in good faith or in compliance with a
requirement under subsection (2) shall not be liable in any criminal or
civil proceedings for any loss or damage resulting from the act.
(9) In this section —
“data” means representations of information or of concepts that
are being prepared or have been prepared in a form suitable
for use in a computer;
“decryption information” means information, code or
technology or part thereof that enables or facilitates the
retransformation or unscrambling of encrypted data from its
unreadable and incomprehensible format to its plain text
version;
“encrypted data” means data which has been transformed or
scrambled from its plain text version to an unreadable or
incomprehensible format, regardless of the technique utilised
for such transformation or scrambling and irrespective of the
medium in which such data occurs or can be found for the
purposes of protecting the content of such data;
“plain text version” means the original data before it has been
transformed or scrambled to an unreadable or
incomprehensible format.
2020 Ed. Criminal Procedure Code 2010 67
Division 3 — Powers of investigation for
offences related to statement recording
Powers of investigation of certain law enforcement officers
when recording statements
40A.—(1) An officer of a prescribed law enforcement agency
(other than the Singapore Police Force) who —
(a) is authorised by any written law other than this section to
exercise the powers of a police officer under this Code in
relation to an investigation into an arrestable offence when
investigating an offence under that written law; and
(b) records a statement during such an investigation by making
an audiovisual recording,
may investigate any offence under regulations made under
section 428(2)(b) committed in relation to that audiovisual
recording, and is, by virtue of this section, taken to have the same
powers mentioned in paragraph (a), despite anything to the contrary
in that other written law.
[14/2019]

(2) For the purposes of this section and section 40B, the Minister
charged with the responsibility for any law enforcement agency may,
by order in the Gazette, prescribe the law enforcement agency as a
prescribed law enforcement agency.
[14/2019]

Officer deemed to be of certain rank

40B. For the purpose of section 40A, when an officer of a
prescribed law enforcement agency is exercising the powers
pursuant to that section when investigating an offence in relation to
an audiovisual recording, the officer is deemed to be a police officer
not below the rank of inspector of police.
[14/2019]

31.12.2021
68 Criminal Procedure Code 2010 2020 Ed.

PART 5
PREVENTION OF OFFENCES
Division 1 — Security for keeping peace
and for good behaviour
Security for keeping peace on conviction
41.—(1) When a person is charged with and convicted of —
(a) rioting, assault or any other breach of the peace or abetting
any such offence;
(b) an offence under section 143, 144, 145, 153 or 504 of the
Penal Code 1871, under section 13A, 13B, 13C or 13D of
the Miscellaneous Offences (Public Order and Nuisance)
Act 1906 in force before 15 November 2014 or under
section 3, 4, 5 or 6 of the Protection from Harassment
Act 2014;
(c) assembling armed men or taking other unlawful measures
for such purpose; or
(d) committing criminal intimidation by threatening injury to
any person or property,
and the court before which that person is convicted believes that that
person must execute a bond for keeping the peace, then the court may,
at the time of passing sentence on that person, or instead of any
sentence, order that person to execute a bond for a sum proportionate
to that person’s means, with or without sureties, for keeping the peace
for a period not exceeding 2 years.
[17/2014; 5/2015]

(2) If the conviction is set aside on appeal or otherwise, the bond so

executed becomes void.

Security for keeping peace by complainant

42.—(1) If, during or after a trial, the court considers that a
complainant is or has been behaving in such a way that the
complainant should be ordered to execute a bond to keep the
peace, the court may require the complainant to show cause why the
2020 Ed. Criminal Procedure Code 2010 69
complainant should not be ordered to execute a bond to keep the
peace for a period not exceeding 2 years.
(2) The evidence which the court relies on under subsection (1)
must be read to the complainant, but it is not necessary to recall any
witness unless the complainant desires to cross-examine the witness.
(3) The court may deal with this proceeding either as part of the
case out of which it has arisen or as a separate proceeding.

Security for keeping peace generally

43. If it appears to a court that a person is likely to breach the peace
or do a wrongful act that might lead to a breach of the peace, the court
may require the person to show cause why the person should not be
ordered to execute a bond to keep the peace for a period not exceeding
2 years.

Security for good behaviour from suspected offenders, etc.

44.—(1) A court may require a person to show cause why the
person should not be ordered to execute a bond for his or her good
behaviour for a period not exceeding 2 years, if it appears to the court
that —
(a) the person is trying to conceal his or her presence and there
is reason to believe that he or she is doing so with a view to
committing an offence;
(b) the person has no apparent means of supporting himself or
herself or is unable to give a satisfactory account of himself
or herself; or
(c) the person orally or in writing disseminates or tries to
disseminate or in any way helps to disseminate —
(i) any seditious matter, that is to say, any matter whose
publication is punishable under the Sedition
Act 1948 or any material which forms the subject
matter of a charge under section 267C, 298A or 505
of the Penal Code 1871; or

31.12.2021
70 Criminal Procedure Code 2010 2020 Ed.

(ii) any matter concerning a Judge or a judicial officer

amounting to criminal intimidation or defamation
under the Penal Code 1871.
(2) No proceeding may be taken under subsection (1)(c) except
with the consent of the Public Prosecutor.

Security for good behaviour from habitual offenders

45. A court may require a person to show cause why the person
should not be ordered to execute a bond for his or her good behaviour
for a period not exceeding 2 years, if it appears to the court that —
(a) the person habitually commits offences;
(b) the person habitually associates with robbers,
housebreakers, thieves, prostitutes or people who have
no apparent means of subsistence; or
(c) the person is so desperate or dangerous as to pose a risk to
the community when at large.

Order to show cause

46. Where a court acting under section 43, 44 or 45 considers it
necessary to require any person to show cause under the section, it
must make an order in writing setting out —
(a) the information received on which the court is acting;
(b) the amount of the bond to be executed;
(c) how long the bond will be in force; and
(d) the number of sureties (if any) required.

Procedure in respect of person subject to order

47.—(1) If the person subject to an order under section 46 is present
in court, the order must be read to him or her or, if he or she wishes,
explained to him or her.
(2) If the person subject to the order is not present in court, the court
must issue a summons requiring the person to appear or, if he or she is
in custody, a warrant instructing the officer in whose custody the
person is to bring the person before the court.
2020 Ed. Criminal Procedure Code 2010 71
(3) The court may issue a warrant for a person’s arrest if the court is
satisfied that, based on a police officer’s report or other information,
there is reason to fear a breach of the peace and that this can be
prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every
summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or
executing the summons or warrant to the person served with or
arrested under it.

Attendance of person required to execute bond

48. The court may, if it has good reasons, dispense with the personal
attendance of a person subject to an order under section 46, and
permit the person to appear by an advocate.

Inquiry as to truth of information

49.—(1) When an order under section 46 has been read or
explained under section 47(1) to a person present in court or when
a person appears or is brought before the court in compliance with a
summons or in execution of a warrant under section 47, the court
must then inquire into the truth of the information on which it has
acted and will take further evidence as appears necessary.
(2) The inquiry must follow as closely as practicable the procedure
prescribed in this Code for conducting trials, except that no charge
need be framed.
(3) For the purposes of this section, a person’s habitual offending
may be proved by evidence of the person’s general reputation or in
other ways.

Order to give security

50.—(1) If after an inquiry under section 49, the court is satisfied
that the person subject to the order must execute a bond in order to
keep the peace or maintain good behaviour, the court must make such
order as is appropriate.

31.12.2021
72 Criminal Procedure Code 2010 2020 Ed.

(2) The bond may be with or without sureties and —

(a) must not be larger than the amount or longer than the
period specified in the order made under section 46; and
(b) the amount of the bond must be fixed with due regard to the
circumstances of the case and must not be excessive but
must be such as to afford the person against whom the
order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court
must release the person subject to the order.

Division 2 — Proceedings following order to provide security

Start of period for which security is required
51.—(1) If any person subject to an order under section 41 or 50 is,
at the time the order is made, sentenced to or undergoing
imprisonment, the period for which the security is required will
begin at the end of that sentence.
(2) In all other cases, the period will begin on the date of the order.

Contents of bond
52.—(1) The bond to be executed by any person subject to an order
under section 41 or 50 (as the case may be) binds the person —
(a) to keep the peace; or
(b) to be of good behaviour.
(2) In the case of subsection (1)(b), it is a breach of the bond to
commit, attempt to commit or abet the commission of an offence
punishable with imprisonment.

Power to reject sureties

53. A court may refuse to accept any particular person offered as
surety under this Part.

Imprisonment in default of security

54.—(1) If a person ordered to give security under section 41 or 50
fails to do so by the date on which the period for the security is to
2020 Ed. Criminal Procedure Code 2010 73
begin, the court may commit the person to prison for a period not
exceeding the period for which the security is ordered to be given.
(2) If the person mentioned in subsection (1) is already in prison, he
or she must stay there until the end of the term that the court has
determined under subsection (1) or until he or she gives the security
as ordered, whichever is the earlier.

Power to release person imprisoned for failing to give security

55.—(1) When a court decides that a person imprisoned for failing
to give security under this Part may be released without danger to the
community or to another person, the court may order that person to be
released.
(2) A court other than the General Division of the High Court must
not exercise this power except in cases where the imprisonment is
under its own order or that of a similar court.
[40/2019]

Discharge of surety
56.—(1) Any surety for the peaceable conduct or good behaviour of
a person may at any time apply to a court to cancel any bond executed
under this Part.
(2) On receiving the application, the court must issue a summons or
warrant, as it thinks fit, requiring the person for whom that surety is
bound to appear or to be brought before it.
(3) When that person comes before the court, the court must cancel
the bond and order that person to provide adequate security for the
remaining term of the bond.
(4) Every such order referred to in subsection (3) is to be treated as
made under section 41 or 50 and in such a case, sections 52 to 55
apply accordingly.

Division 3 — Unlawful assemblies

Who may order unlawful assembly to disperse
57.—(1) A police officer may command an unlawful assembly or
an assembly of 5 or more people likely to cause a disturbance of the

31.12.2021
74 Criminal Procedure Code 2010 2020 Ed.

public peace to disperse, and the members of the assembly must then
disperse.
(2) Nothing in this Division derogates from the powers conferred
on any person under the Public Order Act 2009.

When unlawful assembly may be dispersed by use of civil force

58.—(1) If any such assembly does not disperse as commanded, or
shows a determination not to disperse, any police officer may
disperse the assembly by force and, if necessary, arrest and confine
the participants, and may require any male civilian to help.
(2) In this section, “civilian” means any person who is not a regular
serviceman, full-time national serviceman or operationally ready
national serviceman who has reported for service in the Singapore
Armed Forces.

Use of military force

59. If any such assembly cannot be otherwise dispersed and it is
necessary for the public security that it should be dispersed, the
Minister or the Commissioner of Police or a Deputy Commissioner of
Police may cause it to be dispersed by military force.

Minister or Commissioner of Police or Deputy Commissioner

of Police may require any officer in command of troops to
disperse unlawful assembly
60.—(1) When the Minister or the Commissioner of Police or a
Deputy Commissioner of Police determines to disperse any such
assembly by military force, he or she may require any commissioned
or non-commissioned officer in command of any sailors, soldiers or
airmen in the Singapore Armed Forces to disperse the assembly by
military force and to arrest and confine the persons forming part of it
as the Minister or Commissioner of Police or the Deputy
Commissioner of Police directs or as it may be necessary to arrest
and confine in order to disperse the assembly or to have them
punished according to law.
[19/2018]

(2) Every such officer must obey such requisition in such manner as
he or she thinks fit, but in so doing he or she must use as little force
2020 Ed. Criminal Procedure Code 2010 75
and do as little injury to person and property as is consistent with
dispersing the assembly and arresting and confining those persons.

When commissioned officer may disperse unlawful assembly

by military force
61. When the public security is manifestly endangered by any such
assembly and when neither the Minister nor the Commissioner of
Police nor a Deputy Commissioner of Police can be communicated
with, any commissioned officer in the Singapore Armed Forces may
disperse such assembly by military force and may arrest and confine
the persons forming part of it as it may be necessary to arrest and
confine in order to disperse the assembly or to have them punished
according to law, but if while he or she is acting under this section it
becomes practicable for him or her to communicate with the Minister,
the Commissioner of Police or a Deputy Commissioner of Police, he
or she must do so and thereafter obey the instructions of the Minister,
the Commissioner of Police or the Deputy Commissioner of Police as
to whether he or she is to continue the action or not.
[19/2018]

Protection against prosecution for acts done under this

Division
62. No prosecution against the Minister or any police officer or
officer, sailor, soldier or airman in the Singapore Armed Forces for
any act purporting to be done under this Division may be instituted in
any criminal court except with the sanction of the President, and —
(a) no police officer acting under this Division in good faith;
(b) no commissioned officer acting under section 61 in good
faith;
(c) no person doing any act in good faith in compliance with a
requisition under section 58 or 60; and

31.12.2021
76 Criminal Procedure Code 2010 2020 Ed.

(d) no inferior officer, sailor, soldier or airman or member of

the Singapore Armed Forces doing any act in obedience to
any order which under naval, military or air force law he or
she was bound to obey,
is deemed thereby to have committed an offence.
[19/2018]

Division 4 — Preventive action of police

Prevention of offences and use of lethal force by police
63.—(1) Any police officer who has reasonable grounds to suspect
that any offence may be committed may intervene for the purpose of
preventing and must, to the best of his or her ability, use all lawful
means to prevent the commission of the offence.
(2) Without limiting subsection (1), a police officer may act in any
manner (including doing anything likely to cause the death of, or
grievous hurt to, any person) if the police officer has reasonable
grounds to believe that —
(a) the person (whether acting alone or in concert with any
other person) is doing or about to do, something which may
amount to a terrorist act; and
(b) such act by the police officer is necessary to apprehend the
person.
(3) In this section, “lawful means” includes —
(a) removing a person from any place; and
(b) taking away any thing, which a person has in the person’s
possession, that the police officer reasonably suspects is
intended to be used in the commission of the offence.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 77
PART 6
ARREST AND BAIL AND PROCESSES
TO COMPEL APPEARANCE
Division 1 — Arrest without warrant
When arrest may be made without warrant
64.—(1) Any police officer may, without a warrant, arrest any
person who —
(a) has been concerned in an arrestable offence or is
reasonably suspected of having been involved in one, or
against whom a reasonable complaint has been made or
credible information has been received of the person
having been so concerned or involved;
(b) possesses a housebreaking tool without being able to
provide a lawful excuse for having it;
(c) has been proclaimed as an offender under section 88;
(d) possesses anything that may reasonably be suspected to be
stolen or fraudulently obtained property, and who may
reasonably be suspected of having committed an offence in
acquiring it;
(e) obstructs a police officer while the police officer is doing
his or her duty, or has escaped or tries to escape from
lawful custody;
(f) is reasonably suspected of being a deserter from any force
mentioned in section 140B of the Penal Code 1871 or to
which Chapter 7 of that Code may be extended;
(g) is trying to conceal his or her presence in circumstances
that suggest he or she is doing so with a view to committing
an arrestable offence;
(h) has no apparent means of subsistence or who cannot give a
satisfactory account of himself or herself;
(i) is known to be a habitual robber, housebreaker or thief, or a
habitual receiver of stolen property knowing it to be stolen,
or who is known to habitually commit extortion or to

31.12.2021
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habitually put or attempt to put persons in fear of injury in

order to commit extortion;
(j) commits or attempts to commit a breach of the peace in the
police officer’s presence;
(k) is known to be planning to commit an arrestable offence, if
it appears to the police officer that the offence cannot
otherwise be prevented;
(l) is subject to police supervision and who has failed to
comply with this Code or any other written law; or
(m) has breached any detention order under any written law.
(2) This section does not affect any other law empowering a police
officer to arrest without a warrant.

Arrest on refusal to give name and residence to police officer

65.—(1) A police officer may arrest any person who is accused of
committing, or who commits in the view or presence of the police
officer, a non-arrestable offence if, on the demand of the police
officer, the person refuses to give his or her name and residential
address.
(2) A police officer may arrest such a person who gives a residential
address outside Singapore, or a name or residential address which the
police officer has reason to believe is false.
(3) Any person arrested under this section must be brought to a
police station as soon as reasonably practicable and may, if required
by a police officer of or above the rank of sergeant, be released upon
signing a bond with or without surety to appear before a Magistrate.
(4) If the person refuses or is unable to sign the bond as required,
the person must, within 24 hours of the arrest (excluding the time
necessary for the journey to a Magistrate’s Court), be brought before
a Magistrate’s Court.
(5) The person who is brought before a Magistrate’s Court under
subsection (4) may —
(a) be ordered to be detained in custody until the person can be
tried; or
2020 Ed. Criminal Procedure Code 2010 79
(b) if so required by the Magistrate, be released upon signing a
bond, with or without surety, to appear before a
Magistrate’s Court.

Arrest by private person

66.—(1) Any private person may arrest any person who, in the
private person’s view or presence, commits an arrestable non-bailable
offence, or who has been proclaimed as an offender under section 88.
(2) The private person must, without unnecessary delay, hand over
the arrested person to a police officer or take the arrested person to a
police station.
(3) If there is reason to believe that the arrested person is a person
mentioned in section 64(1), a police officer must re-arrest him or her.
(4) If there is reason to believe that the arrested person has
committed a non-arrestable offence and he or she refuses to give his
or her name and residential address when required by a police officer,
or gives a residential address outside Singapore, or a name or
residential address that the police officer has reason to believe is
false, the arrested person may be dealt with under section 65.
(5) If there is no reason to believe that the arrested person has
committed any offence, he or she must be released at once.
(6) A person who commits an offence against any other person
(called in this subsection the victim) or the victim’s property may,
if —
(a) the person’s name and residential address are unknown;
(b) the person gives a residential address outside Singapore; or
(c) the person gives a name or residential address which the
victim or any person who is using the victim’s property in
relation to which the offence is committed, or which the
employee of either of those persons, or which any person
authorised by or acting in aid of either of those persons, has
reason to believe is false,
be apprehended by the victim, employee or such person mentioned in
paragraph (c).

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(7) The person apprehended under subsection (6) may be detained

until he or she can be delivered into the custody of a police officer,
and subsections (3), (4) and (5) thereafter apply.
(8) If any person being lawfully apprehended under subsection (6)
assaults or forcibly resists the person by whom he or she is so
apprehended, he or she shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $2,000.

How arrested person to be dealt with

67. A police officer making an arrest without warrant must, without
unnecessary delay and subject to the provisions of this Code on bail
or previous release, take or send the person arrested before a
Magistrate’s Court.

Person arrested not to be detained more than 48 hours

68.—(1) Unless the court orders otherwise under section 92(3)(a)
or 93(3B)(a), no police officer may detain in custody a person who
has been arrested without a warrant for a longer period than under all
the circumstances of the case is reasonable.
[19/2018]

(2) The period must not exceed 48 hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrate’s
Court.

Division 2 — Arrest with warrant

Warrant to whom directed
69.—(1) An arrest warrant must ordinarily be directed to the
Commissioner of Police or to the head of any law enforcement
agency, or any person of a similar rank in a law enforcement agency.
[19/2018]

(2) An arrest warrant —

(a) if directed to the Commissioner of Police, may be executed
by any police officer or any person appointed by the
Commissioner of Police; or
2020 Ed. Criminal Procedure Code 2010 81
(b) if directed to the head of any law enforcement agency, or
any person of a similar rank in a law enforcement agency,
may be executed by any person appointed by the head or
person of a similar rank.
[19/2018]

(3) The court issuing an arrest warrant may direct it to any person or
persons by name or office and such person or persons may execute
the warrant.
(4) When an arrest warrant is directed to more than one person, all
or any of them may execute it.

Arrest of person subject to warrant

70. A person subject to an arrest warrant may be arrested by a
person authorised to execute the warrant or by a police officer.

Form of arrest warrant

71.—(1) An arrest warrant issued by a court under this Code must
be in writing bearing the seal of the court and signed by a Magistrate
or District Judge (as the case may be), or in the case of the General
Division of the High Court, by a Judge or by the Registrar of the
Supreme Court.
[40/2019]

(2) The arrest warrant remains in force until it is executed, or

cancelled by a court.

Court may endorse on warrant security to be taken

72.—(1) A court issuing an arrest warrant may direct by
endorsement on the warrant that, if the person subject to the arrest
warrant executes a bond with sufficient sureties for the person’s
attendance at the next sitting of the court after the day of arrest and at
every subsequent sitting until the court directs otherwise, then the
person to whom the warrant is directed must take such security and
release the person subject to the arrest warrant from custody.
(2) The endorsement must state —
(a) the number of sureties; and

31.12.2021
82 Criminal Procedure Code 2010 2020 Ed.

(b) the amount that the sureties and the person subject to the
arrest warrant are respectively bound.
(3) When security is taken under this section, the person to whom
the warrant is directed must, when required, send the bond to the
court.

Notification of content of warrant

73. The police officer or other person executing an arrest warrant
must inform the arrested person of the content of the warrant and, if
required, show him or her the warrant or a copy of it.

Arrested person to be brought before court without delay

74. Subject to section 72, the police officer or other person
executing an arrest warrant must bring the arrested person to the
court before which the police officer or other person is required by
law to produce the arrested person without unnecessary delay.

Division 3 — General provisions for arrests

with or without warrant
How to arrest
75.—(1) In making an arrest, the police officer or other person must
touch or confine the body of the person to be arrested unless he or she
submits to arrest by word or action.
(2) If the person forcibly resists or tries to evade arrest, the police
officer or other person may use all reasonable means necessary to
make the arrest.

No unnecessary restraint
76. The person arrested must not be restrained more than is
necessary to prevent his or her escape.

Search of place entered by person sought to be arrested

77.—(1) If a police officer with authority to arrest or a person
acting under an arrest warrant has reason to believe that the person to
be arrested is inside any place and demands entry to that place, any
2020 Ed. Criminal Procedure Code 2010 83
person residing in or in charge of the place must allow the police
officer or person acting under an arrest warrant free entry and provide
all reasonable facilities for a search in it.
(2) If entry to that place cannot be gained under subsection (1), it is
lawful for a police officer with authority to arrest or a person acting
under an arrest warrant to enter and search the place.
(3) In any case in which an arrest warrant may be issued but cannot
be obtained without the risk of the person to be arrested escaping, a
police officer may enter and search the place.
(4) After stating his or her authority and purpose and demanding
entry to a place, a police officer with authority to arrest or a person
acting under an arrest warrant who is unable to obtain entry may, for
the purposes of subsection (2) or (3), break open any outer or inner
door or window or use any other reasonable means to gain such entry.

Search of person arrested and his or her premises

78.—(1) Whenever —
(a) a person is arrested by a police officer under a warrant
which does not provide for the taking of bail or under a
warrant which provides for the taking of bail but the person
arrested cannot furnish bail; or
(b) a person is arrested without warrant by a police officer or a
private person under a warrant and the person arrested
cannot legally be admitted to bail or is unable to furnish
bail,
the police officer making the arrest or, when the arrest is made by a
private person, the police officer to whom the private person hands
over the person arrested, may search the person arrested and place in
safe custody all articles other than necessary wearing apparel found
upon him or her.
(2) A police officer investigating an arrestable offence under Part 4
may —
(a) enter any place belonging to or under the control of any
person who —

31.12.2021
84 Criminal Procedure Code 2010 2020 Ed.

(i) is under arrest in connection with the offence;

(ii) is reasonably believed to be connected with the
offence; or
(iii) is reasonably believed to have given shelter to the
person under arrest; and
(b) search the place for any evidence of the offence.

Power to seize offensive weapons

79. Any police officer or person making any arrest under this Code
may take from the person arrested any offensive weapons which the
arrested person has about his or her person, and must deliver all
weapons so taken to a police station.

Search for name and address

80. A person lawfully in custody who, because of incapacity from
intoxication, illness, mental disorder, physical disability or infancy,
cannot give a reasonable account of himself or herself may be
searched to find out his or her name and address.

Detention and search of persons in place searched

81.—(1) Where a search for anything is lawfully made in any place
in respect of any offence, every person found there may be lawfully
detained until the search is completed.
(2) If the thing sought in a place can be concealed on a person, each
person found in the place may be searched for it by or in the presence
of a police officer of or above the rank of sergeant.

Mode of freeing persons

82. A police officer or other person authorised to make an arrest
may break open a place to free himself or herself or any other person
who, having lawfully gone inside to make an arrest, is detained in it.
2020 Ed. Criminal Procedure Code 2010 85
Mode of searching women
83.—(1) Except as provided in subsection (2), whenever it is
necessary to cause a woman to be searched, the search must be made
by a relevant officer who is a woman.
[19/2018]

(2) A search of a woman may be made by a relevant officer who is a

man, if (and only if) all of the following conditions are satisfied:
(a) the relevant officer reasonably suspects the woman of
committing, attempting to commit, abetting the
commission of, or being a party to a criminal conspiracy
to commit, a terrorist act;
(b) the relevant officer believes in good faith that the terrorist
act is imminent;
(c) the relevant officer believes in good faith that the search
cannot be made within a reasonable time by a relevant
officer who is a woman.
[19/2018]

(3) Every search mentioned in subsection (1) or (2) must be made

with strict regard to decency.
[19/2018]

(4) In this section, “relevant officer” means a police officer or an

officer of the Immigration & Checkpoints Authority.
[19/2018]

Power to pursue and arrest after escape or rescue

84.—(1) If a person in lawful custody escapes or is rescued, the
person from whose custody he or she escaped or was rescued, or any
police officer, may immediately pursue and arrest him or her for the
purpose of returning him or her to the place where he or she was in
lawful custody.
(2) Sections 77 and 82 apply to any arrest under subsection (1) even
if the person making the arrest is not acting under an arrest warrant
and is not a police officer having authority to arrest.

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86 Criminal Procedure Code 2010 2020 Ed.

Release of arrested person

85. A person arrested by a police officer must not be released
except on the person’s own bond or on bail, or by a written order of a
court or of a police officer of or above the rank of sergeant.

Public assistance in arrests

86. Every person is bound to help a police officer or any other
person authorised to make an arrest reasonably demanding the
person’s aid —
(a) in arresting a person whom the police officer or other
person is authorised to arrest;
(b) in preventing a breach of the peace or in preventing any
person from damaging any public property; or
(c) in suppressing a riot or an affray.

Assisting person other than police officer to execute warrant

87. If a warrant is granted to a person who is not a police officer,
any other person may help in executing the warrant if the person to
whom the warrant is granted is near at hand and engaged in executing
it.

Division 4 — Proclamation and attachment

Proclamation for person absconding
88.—(1) If a court has reason to believe, whether after taking
evidence or not, that a person against whom a warrant of arrest has
been issued has absconded or is hiding so that the warrant cannot be
executed, the court may publish a written proclamation requiring the
person to appear at a specified place and at a specified time not less
than 30 days after the date of publication.
(2) The proclamation must be published —
(a) in a daily newspaper;
(b) by leaving a copy of it at the person’s last known address;
2020 Ed. Criminal Procedure Code 2010 87
(c) by affixing a copy of it to any bulletin board in the court
house;
(d) by affixing a copy of it to the bulletin board in the office of
the Town Council established under section 4 of the Town
Councils Act 1988 that is nearest to the person’s last
known address; or
(e) by affixing a copy of it to a bulletin board of any
community centre or clubhouse established under the
People’s Association Act 1960 that is nearest to the
person’s last known address.
(3) A statement by the court issuing the proclamation stating that
the proclamation was published on a specified day in a specified
manner, or on a specified day at a specified place, is conclusive of that
fact.

Attachment of property of person proclaimed

89.—(1) After issuing a proclamation under section 88, the court
may order the attachment of any property, movable or immovable, or
both, belonging to the proclaimed person.
(2) If the property consists of debts or other movable property, the
attachment may be made by all or any of the following methods:
(a) by seizure;
(b) by the appointment of a receiver;
(c) by an order in writing prohibiting the delivery of the
property to the proclaimed person or any person on the
proclaimed person’s behalf.
(3) If the property to be attached is immovable property, the
attachment may be made by all or any of the following methods:
(a) by taking possession;
(b) by the appointment of a receiver;
(c) by an order in writing prohibiting the payment of rent or
delivery of any instrument of title to the proclaimed person
or any person on the proclaimed person’s behalf.

31.12.2021
88 Criminal Procedure Code 2010 2020 Ed.

(4) The powers, duties and liabilities of a receiver appointed under

this section are the same as those of a receiver appointed by the
General Division of the High Court under its civil jurisdiction.
[40/2019]

(5) An attachment of immovable property has no effect until the

order of attachment is registered under the Registration of Deeds
Act 1988 or the Land Titles Act 1993, as the case may be.
(6) If the proclaimed person does not appear within the time
specified in the proclamation, the attached property is at the disposal
of the Government, but it must not be disposed of until the end of a
reasonable period set by the court, having regard to the nature of the
property.

Application for release of attached property

90.—(1) Any person, including the person proclaimed, may apply
to the court for the release of the property attached under section 89 or
for the net proceeds of sale if sold.
(2) Such an application must be supported by an affidavit stating
the reason for the release of the property or the net proceeds of the
sale, and served on the Public Prosecutor.
(3) The court, after hearing the parties, may make such order as it
thinks fit, including an order for the applicant to pay the costs of the
proceeding and an order for costs to be awarded to an applicant whose
property was wrongfully attached.
(4) An application under this section may not be made more than
3 years from the date of attachment or the sale, whichever is the later.
(5) Any hearing conducted under this section must follow as
closely as practicable the procedure prescribed in this Code for
conducting trials.
(6) Any order for costs to be awarded to an applicant whose
property was wrongfully attached is to be paid out of the
Consolidated Fund.
2020 Ed. Criminal Procedure Code 2010 89
Division 5 — Bails and bonds
Interpretation of this Division
91. In this Division —
“released person” means any person who is released on bail or
on his or her personal bond, as the case may be;
“surrender to custody”, in relation to a released person, means to
surrender himself or herself into the custody of the court or a
police officer (as the case may be) according to the bail or
bond conditions at the time and place appointed for him or
her to do so.

When person must normally be released on bail or personal

bond, or on both
92.—(1) When any person, except a person accused of a
non-bailable offence —
(a) is arrested or detained without warrant by a police officer,
or appears or is brought before a court; and
(b) is prepared to give bail at any time while in the police
officer’s custody or at any stage of the proceedings before
the court,
the person must be released on bail by a police officer in cases
determined by the Commissioner of Police or by that court.
[19/2018]

(2) Despite subsection (1) —

(a) the police officer or the court may, instead of taking bail
from the person, release the person if the person signs a
personal bond without sureties; and
(b) the court may, instead of releasing the person on bail,
release the person on bail and on personal bond by
requiring the person to sign a personal bond without
sureties, in addition to taking bail from the person.
[19/2018]

(3) Despite subsections (1) and (2), where the person is accused of
an offence that is not a fine-only offence, and a court believes, on any

31.12.2021
90 Criminal Procedure Code 2010 2020 Ed.

ground prescribed in the Criminal Procedure Rules, that the person, if

released, will not surrender to custody, be available for investigations
or attend court, the court may order as follows:
(a) if the person is arrested or detained without warrant by a
police officer — order the police officer not to release the
person on bail or on personal bond;
(b) if the person appears or is brought before the
court — refuse to release the person, whether on bail, on
personal bond, or on bail and on personal bond.
[19/2018]

(4) Where —
(a) a State Court orders the release of a person under this
section on bail, on personal bond, or on bail and on
personal bond; and
(b) the prosecution applies to the State Court to stay execution
on the order pending a review of the order by the General
Division of the High Court,
the State Court may stay execution on the order pending a review of
the order.
[19/2018; 40/2019]

When person accused of non-bailable offence may be released

on bail
93.—(1) Subject to section 95(1), if any person accused of any
non-bailable offence is arrested or detained without warrant by a
police officer, or appears or is brought before a court, the person may
be released on bail by a police officer of or above the rank of sergeant
or by the court.
(2) Subject to section 95(1), if, at any stage of an investigation,
inquiry, trial or other proceeding under this Code, there are no
reasonable grounds for believing that the accused has committed a
non-bailable offence, the police officer or court must release the
accused.
(3) Despite subsection (2), if there are grounds for further
investigations as to whether the accused has committed some other
2020 Ed. Criminal Procedure Code 2010 91
bailable offence, then, pending the investigations, the accused must
be released on bail or, at the discretion of the police officer or court,
on his or her own personal bond.
(3A) Despite subsections (2) and (3), the court may, instead of
releasing the accused on bail or on the accused’s own personal bond,
release the accused on bail and on personal bond by requiring the
accused to sign a personal bond without sureties, in addition to taking
bail from the accused.
[19/2018]

(3B) Despite subsections (2), (3) and (3A), where there are grounds
for further investigations as to whether the accused has committed a
bailable offence that is not a fine-only offence, and a court believes,
on any ground prescribed in the Criminal Procedure Rules, that the
accused, if released, will not surrender to custody, be available for
investigations or attend court, the court may —
(a) order the police officer not to release the accused on bail or
on personal bond; or
(b) refuse to release the accused, whether on bail, on personal
bond, or on bail and on personal bond.
[19/2018]

(3C) Where —
(a) a State Court orders the release on bail, on personal bond,
or on bail and on personal bond, of a person accused of a
non-bailable offence; and
(b) the prosecution applies to the State Court to stay execution
on the order pending a review of the order by the General
Division of the High Court,
the State Court must stay execution on the order pending a review of
the order.
[19/2018; 40/2019]

(4) A police officer or a court releasing any person under this

section must record in writing the reasons for so doing.
(5) Any court may at any subsequent stage of any proceeding under
this Code cause any person who has been released under this section
to be arrested and may commit the person to prison.

31.12.2021
92 Criminal Procedure Code 2010 2020 Ed.

Conditions of bail or personal bond

94.—(1) All of the following conditions are imposed when a police
officer or the court grants bail or releases the accused on personal
bond under section 92 or 93, unless the police officer or the court (as
the case may be) specifies otherwise:
(a) the accused must surrender the accused’s travel document;
(b) the accused must surrender to custody, be available for
investigations, or attend court, on the day and at the time
and place appointed for the accused to do so, as the case
may be;
(c) the accused must not commit any offence while released on
bail or on personal bond;
(d) the accused must not interfere with any witness or
otherwise obstruct the course of justice, whether in
relation to the accused or in relation to any other person;
(e) in the case of bail — any person offered as surety for an
accused in a criminal matter must not be a co-accused in
the same matter.
[19/2018]

(2) A police officer or the court may impose such other conditions
as are necessary when granting bail or releasing the accused on
personal bond under section 92 or 93.
[19/2018]

(3) The conditions that may be imposed in relation to an accused

under subsection (2) include a requirement for the electronic
monitoring of the accused’s whereabouts.
[19/2018]

(4) However, if the prosecution applies to a police officer or the

court to impose under subsection (2) the requirement under
subsection (3), the police officer or court must do so.
[19/2018]

Exceptions to bail or release on personal bond

95.—(1) An accused must not be released on bail or on personal
bond if —
2020 Ed. Criminal Procedure Code 2010 93
(a) the accused is charged for an offence punishable with death
or imprisonment for life;
(b) the accused is accused of any non-bailable offence, and the
court believes, on any ground prescribed in the Criminal
Procedure Rules, that the accused, if released, will not
surrender to custody, be available for investigations or
attend court; or
(c) the accused has been arrested or taken into custody under a
warrant issued under section 10, 24 or 34 of the Extradition
Act 1968 or endorsed under section 33 of that Act.
[19/2018]

(2) Despite subsection (1), the court may —

(a) direct that any juvenile or any sick or infirm person
accused of such an offence be released on bail;
(b) release on bail an accused charged with an offence
mentioned in subsection (1)(a), if —
(i) the offence is also punishable with an alternative
punishment other than death or life imprisonment;
and
(ii) the offence is to be tried before a District Court or a
Magistrate’s Court; or
(c) release on bail an accused who has been arrested or taken
into custody under a warrant mentioned in
subsection (1)(c), if the conditions prescribed in the
Criminal Procedure Rules for such release are satisfied.
[19/2018]

(3) In this section, “accused” includes a “fugitive” as defined in the

Extradition Act 1968.

Amount of bond
96. The amount of every bond executed under this Division must be
fixed with due regard to the circumstances of the case as being
sufficient to secure the attendance of the person arrested or charged.

31.12.2021
94 Criminal Procedure Code 2010 2020 Ed.

Powers of General Division of High Court regarding bail

97.—(1) Subject to section 95(1) and subsection (2), at any stage of
any proceeding under this Code, the General Division of the High
Court may —
(a) release any accused before the General Division of the
High Court on bail, on personal bond, or on bail and on
personal bond;
(b) vary the amount or conditions of the bail or personal bond
required by a police officer or a State Court, or impose such
other conditions for the bail or personal bond as the
General Division of the High Court thinks fit;
(c) where a State Court orders the release of a person on bail,
on personal bond, or on bail and on personal bond, stay
execution on the order pending a review of the order by the
General Division of the High Court; or
(d) direct that any person who has been released on bail, on
personal bond, or on bail and on personal bond, under this
Division be arrested, and commit that person to custody.
[19/2018; 40/2019]

(2) Where —
(a) a State Court orders the release on bail, on personal bond,
or on bail and on personal bond, of a person accused of a
non-bailable offence; and
(b) the prosecution applies to the General Division of the High
Court to stay execution on the order pending a review of
the order by the General Division of the High Court,
the General Division of the High Court must stay execution on the
order pending a review of the order.
[19/2018; 40/2019]

Application for bail or release on personal bond in General

Division of High Court
98.—(1) An application to the General Division of the High Court
for bail or release on personal bond must, unless otherwise ordered,
2020 Ed. Criminal Procedure Code 2010 95
be supported by an affidavit stating sufficient facts to enable the court
to determine whether or not such bail or release should be granted.
[40/2019]

(2) If the court orders that the accused or prisoner be granted bail or
released on personal bond, the order must be drawn up with a
direction that a warrant be issued to bring the accused or the prisoner
before the court for the purpose of being bailed or released.

Bond to be executed
99.—(1) Before any person is released on his or her personal bond
under this Division, a bond for such sum of money as the police
officer or court thinks sufficient must be executed by the person.
(2) When a person is released on bail, the bond must be executed by
one or more sufficient sureties, on condition that the released person
attends on the date and at the time and place mentioned in the bond,
and must continue to attend until otherwise directed by the police
officer or court, as the case may be.
(3) The bond may also bind the released person to appear when
called on at any court to answer the charge.
(4) The bond is subject to the further condition that as long as it
remains in force, the released person must not leave Singapore
without the permission of the police officer or the court.
(5) Such permission, if granted, must be evidenced by an
endorsement on the bond specifying for how long and the place to
which the permission applies.
(6) Such permission may be granted only on the personal
application of the released person in the presence of his or her
surety or sureties, if any.

Person to be released
100.—(1) As soon as the bond has been executed, the person for
whose appearance it has been executed must be released.
(2) If the person is in prison, the court must issue an order of release
to the officer in charge of the prison, and the officer must release him
or her on receiving the order.

31.12.2021
96 Criminal Procedure Code 2010 2020 Ed.

(3) A person must not be released under this section or section 92 or

93 if the person is liable to be detained for a different matter than that
for which the bond is executed.

Released person to give address for service

101.—(1) A released person must give the court or officer releasing
him or her an address where he or she can be served with any notice or
process.
(2) If the released person cannot be found or the notice or process
cannot be served on him or her for any other reason, any notice or
process left for him or her at the address given is treated as duly
served on him or her.

Withdrawal, change of conditions, etc., of bail

102.—(1) If a court has granted bail to a released person and it is
shown that —
(a) there has been a material change of circumstances; or
(b) new facts have since come to light,
the court may vary the conditions of the bail or personal bond, or
impose further conditions for the bail or the personal bond, or cause
the released person to be arrested and may commit him or her to
custody.
(2) If, through mistake, fraud or otherwise, insufficient sureties
have been accepted or if they afterwards become insufficient, a court
may issue an arrest warrant directing that the released person be
brought before it and may order him or her to provide sufficient
sureties.
(3) If the released person fails to provide sufficient sureties, the
court may commit him or her to custody.
2020 Ed. Criminal Procedure Code 2010 97
Absconding or breaking conditions of bail or personal bond,
etc.
103.—(1) If a released person under a duty to surrender to custody,
or to make himself or herself available for investigations or to attend
court, does not do so, he or she may be arrested without a warrant.
[19/2018]

(2) If a released person leaves the court at any time after he or she
has surrendered into its custody or after he or she has attended court
on the day and at the time appointed for him or her to do so, and
before the court is ready to begin or to resume the hearing of the
proceedings, the court may issue a warrant for his or her arrest.
(3) A released person under a duty to surrender to custody, or to
make himself or herself available for investigations or to attend court
on the day and at the time and place appointed for him or her to do so,
may be arrested without a warrant if —
(a) there are reasonable grounds for believing that he or she is
unlikely to surrender to custody, or to make himself or
herself available for investigations or to attend court;
(b) there are reasonable grounds for believing that he or she is
likely to break or has broken any of the conditions of his or
her bail or personal bond; or
(c) any of his or her sureties informs the police or court that the
person is unlikely to surrender to custody, or to make
himself or herself available for investigations or to attend
court and that the surety therefore wishes to be relieved of
his or her obligations as a surety.
(4) When such a person is brought before the court pursuant to an
arrest under this section and the court thinks that the person —
(a) is unlikely to surrender to custody, or to make himself or
herself available for investigations or to attend court; or

31.12.2021
98 Criminal Procedure Code 2010 2020 Ed.

(b) has broken or is likely to break any conditions of his or her

bail or personal bond,
the court may remand the person in custody or grant him or her bail
subject to such conditions as it thinks fit.
(5) A released person shall be guilty of an offence and shall be
liable on conviction to a fine or to imprisonment for a term not
exceeding 3 years or to both, if the released person knowingly, and
without reasonable excuse, fails to comply with any duty imposed on
the released person —
(a) to surrender to custody;
(b) to be available for investigations; or
(c) to attend court on the day and at the time and place
appointed for the released person to do so.
[19/2018]

(6) For the purposes of subsection (5), a released person is

presumed, until the contrary is proved, to have no reasonable
excuse if —
(a) on or before the date of the failure to comply with the duty,
the released person left Singapore without the permission
of a police officer or the court (as the case may be) and has
not returned to Singapore; or
(b) on the date of the failure to comply with the duty, the
released person, being outside Singapore, remains outside
Singapore without the permission of the police officer or
the court, as the case may be.
[19/2018]

Duties of surety
104. A surety must —
(a) ensure that the released person surrenders to custody, or
makes himself or herself available for investigations or
attends court on the day and at the time and place appointed
for him or her to do so;
2020 Ed. Criminal Procedure Code 2010 99
(b) keep in daily communication with the released person and
lodge a police report within 24 hours of losing contact with
him or her; and
(c) ensure that the released person is within Singapore unless
the released person has been permitted by the police officer
mentioned in section 92 or 93 (as the case may be) or the
court to leave Singapore.

Surety may apply to have bond discharged

105.—(1) A surety may at any time apply to the court to discharge
the bond as far as it relates to him or her.
(2) On receiving such an application, the court may issue an arrest
warrant directing that the released person be produced before it.
(3) When the released person appears in court under the warrant or
voluntarily, the court must direct that the bond be discharged wholly
or so far as it relates to the applicant and must call on the released
person to provide other sufficient sureties.
(4) A surety may arrest the person for whom he or she stood surety
and immediately bring the person before a court, and the court must
then discharge the surety’s bond and call on the released person to
provide other sufficient sureties.
(5) If a released person fails to provide other sufficient sureties
when called on to do so under subsection (3) or (4), the court must
commit him or her to custody.

Security instead of surety

106. When a court or police officer requires a person to sign a bond
with one or more sureties, the court or officer may (except in the case
of a bond for good behaviour) instead permit the person to enter into
his or her own personal bond and provide security acceptable to the
court or officer.

Prohibition against agreements to indemnify surety, etc.

106A.—(1) Any agreement (whether made before, on or after
31 October 2018) indemnifying or purporting to indemnify any

31.12.2021
100 Criminal Procedure Code 2010 2020 Ed.

person against any liability which that person may incur as a surety to
a bail bond is void.
[19/2018]

(2) Any person who, on or after 31 October 2018, knowingly enters

into an agreement mentioned in subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine or to imprisonment
for a term not exceeding 3 years or to both.
[19/2018]

(3) An offence under subsection (2) is committed —

(a) whether the agreement is entered into before or after the
person to be indemnified becomes a surety;
(b) whether or not the person to be indemnified becomes a
surety; and
(c) whether the agreement contemplates compensation in
money or money’s worth.
[19/2018]

Procedure for forfeiture of bond without sureties

107.—(1) This section provides for the forfeiture of the following
bonds:
(a) a personal bond without sureties;
(b) a bond without sureties to keep the peace;
(c) a bond without sureties for good behaviour.
[14/2019]

(2) If it is proved to a court’s satisfaction that —

(a) the released person bound by a bond mentioned in
subsection (1)(a) has, without reasonable excuse, failed
to comply with any duty imposed on the released person to
surrender to custody, to be available for investigations, or
to attend court on the day and at the time and place
appointed for the released person to do so;
(b) the person bound by a bond mentioned in subsection (1)(b)
has, without reasonable excuse, failed to keep the peace; or
2020 Ed. Criminal Procedure Code 2010 101
(c) the person bound by a bond mentioned in subsection (1)(c)
has failed to be of good behaviour,
the court —
(d) must record the basis of such proof;
(e) must forfeit the bond;
(f) may summon before the court that relevant person;
(g) may call upon that relevant person to pay a sum, being the
whole or any part of the amount of the bond, or to explain
why that sum should not be paid; and
(h) may order that the sum mentioned in paragraph (g) be paid
by instalments.
[14/2019]

(3) If the explanation mentioned in subsection (2)(g) is inadequate,

and the sum mentioned in subsection (2)(g) is not paid in full, the
court may recover the amount unpaid by issuing an order for the
attachment of any property, movable or immovable, belonging to the
relevant person.
[14/2019]

(4) The attachment of any property under subsection (3) may be

carried out —
(a) by seizure of such property, which may be sold and the
proceeds applied towards the payment of the amount; or
(b) by appointing a receiver, who may take possession of and
sell such property, and apply the proceeds towards the
payment of the amount.
[14/2019]

(5) If immovable property attached under subsection (3) is sold, the

officer under whose direction the attachment and sale was carried out
may do any thing or act to transfer the title to the purchaser.
[14/2019]

(6) If the sum mentioned in subsection (2)(g) is not paid in full or

cannot be fully recovered by such attachment and sale, the court may
commit to prison the relevant person for a term not exceeding
12 months.
[14/2019]

31.12.2021
102 Criminal Procedure Code 2010 2020 Ed.

(7) Any person may, not later than 7 days after the date any property
is seized under subsection (4)(a) or taken possession of by the
receiver under subsection (4)(b) (as the case may be), make a claim
against that property by applying to the court for the property to be
excluded from the order of attachment issued under subsection (3),
and the court may make such order as it sees fit.
[14/2019]

(8) Any unsatisfied part of the sum mentioned in subsection (2)(g)

constitutes a judgment debt in favour of the Government, and nothing
in this section prevents the Government from recovering it as such.
[14/2019]

(9) The court may, on the application of a relevant person at any

time after the relevant person is called upon to pay the sum mentioned
in subsection (2)(g), reduce that sum and enforce part-payment only.
[14/2019]

(10) In this section, “relevant person” means —

(a) the released person bound by a bond mentioned in
subsection (1)(a);
(b) the person bound by a bond mentioned in
subsection (1)(b); or
(c) the person bound by a bond mentioned in subsection (1)(c).
[14/2019]

Procedure for forfeiture of bond with sureties

107A.—(1) This section provides for the forfeiture of the following
bonds:
(a) a bond with one or more sureties;
(b) a bond with sureties to keep the peace;
(c) a bond with sureties for good behaviour.
[14/2019]

(2) If it is proved to a court’s satisfaction that —

(a) the released person for whose appearance a bond
mentioned in subsection (1)(a) was executed has,
without reasonable excuse, failed to comply with any
duty imposed on the released person to surrender to
2020 Ed. Criminal Procedure Code 2010 103
custody, to be available for investigations, or to attend
court on the day and at the time and place appointed for the
released person to do so;
(b) the person bound by a bond mentioned in subsection (1)(b)
has, without reasonable excuse, failed to keep the peace; or
(c) the person bound by a bond mentioned in subsection (1)(c)
has failed to be of good behaviour,
the court —
(d) must record the basis of such proof;
(e) must forfeit the bond, as far as it relates to the relevant
person;
(f) may summon before the court each person bound by the
bond;
(g) may call upon each surety bound by the bond to explain
why the bond, as far as it relates to that surety, should not
be forfeited; and
(h) may call upon the relevant person to pay a sum, being the
whole or any part of the amount of the bond, or to explain
why the relevant person should not pay that sum.
[14/2019]

(3) If the explanation given by a surety is inadequate, and it is

proved to the court’s satisfaction that —
(a) in relation to a bond mentioned in subsection (1)(a), the
surety is in breach of any of the surety’s duties mentioned
in section 104;
(b) in relation to a bond mentioned in subsection (1)(b), the
surety has, without reasonable excuse, failed to ensure that
the relevant person keeps the peace; or
(c) in relation to a bond mentioned in subsection (1)(c), the
surety has, without reasonable excuse, failed to ensure that
the relevant person is of good behaviour,
the court —
(d) must record the basis of such proof; and

31.12.2021
104 Criminal Procedure Code 2010 2020 Ed.

(e) may, having regard to all the circumstances of the case —

(i) forfeit the whole or any part of the amount of the
bond, as far as it relates to the surety; and
(ii) order the surety to pay the amount forfeited.
[14/2019]

(4) The court may order that any sum or amount mentioned in
subsection (2)(h) or (3)(e) be paid by instalments.
[14/2019]

(5) If the court calls upon the relevant person to pay the sum
mentioned in subsection (2)(h), or to explain why the relevant person
should not pay that sum, section 107(3) to (9) applies to the relevant
person as it applies to a relevant person as defined in section 107(10).
[14/2019]

(6) If any amount forfeited under subsection (3)(e) is not paid in

full, the court may recover the amount unpaid by issuing an order for
the attachment of any property, movable or immovable, belonging to
the surety.
[14/2019]

(7) The attachment of any property under subsection (6) may be

carried out —
(a) by seizure of the property, which may be sold and the
proceeds applied towards the payment of the amount
forfeited; or
(b) by appointing a receiver, who may take possession of and
sell the property, and apply the proceeds towards the
payment of the amount forfeited.
[14/2019]

(8) If immovable property attached under subsection (6) is sold, the

officer under whose direction the attachment and sale was carried out
may do any thing or act to transfer the title to the purchaser.
[14/2019]

(9) If the amount forfeited under subsection (3)(e) is not paid in full
or cannot be fully recovered by such attachment and sale, the court
may commit to prison the surety for a term not exceeding 12 months.
[14/2019]
2020 Ed. Criminal Procedure Code 2010 105
(10) Any person may, not later than 7 days after the date any
property is seized under subsection (7)(a) or taken possession of by
the receiver under subsection (7)(b) (as the case may be), make a
claim against that property by applying to the court for the property to
be excluded from the order of attachment issued under subsection (6),
and the court may make such order as it sees fit.
[14/2019]

(11) Any unsatisfied part of the amount forfeited under

subsection (3)(e) constitutes a judgment debt in favour of the
Government, and nothing in this section prevents the Government
from recovering it as such.
[14/2019]

(12) The court may, on the application of a surety at any time after
the surety is ordered to pay the amount forfeited under
subsection (3)(e), reduce that amount and enforce part-payment only.
[14/2019]

(13) In this section, “relevant person” means —

(a) the released person for whose appearance a bond
mentioned in subsection (1)(a) is executed;
(b) the person bound by a bond mentioned in
subsection (1)(b); or
(c) the person bound by a bond mentioned in subsection (1)(c).
[14/2019]

Appeal from orders

108. Every order made under section 107 or 107A by any
Magistrate’s Court or District Court is appealable.
[19/2018]

Power to direct levy of amount due on bond

109. The General Division of the High Court or a District Court
may direct any Magistrate’s Court to exercise the court’s power of
forfeiture under section 107 or 107A in respect of a bond to appear
before the General Division of the High Court or District Court.
[19/2018; 40/2019]

31.12.2021
106 Criminal Procedure Code 2010 2020 Ed.

Division 6 — Notice to attend court and bonds

to appear in court
Notice to attend court
110.—(1) Where a police officer of or above the rank of inspector
has reasonable grounds for believing that a person has committed an
offence, the police officer may immediately serve upon the person a
prescribed notice, requiring that person to attend at the court
described, and at the time and on the date specified in the notice.
(2) A duplicate of the notice must be prepared by the police officer
issuing the notice and, if so required by a court, produced to the court.
(3) The notice may be served on the person alleged to have
committed the offence in the same manner as the service of a
summons under section 116.

Bond for appearance of complainant and witnesses

111.—(1) If, during or after an investigation under Part 4, a police
officer is of the opinion that there is sufficient evidence to justify
starting or continuing criminal proceedings for an arrestable offence
against a person, the police officer may require any complainant and
any or all other persons who may be familiar with the case, to execute
a bond to appear before a court and give evidence in the case against
the accused.
(2) After the bond has been executed, the police officer must send it
to the court.
(3) If the complainant or other person refuses to execute the bond,
the police officer must report the matter to the court, and the court
may then issue a warrant or summons to secure the attendance of the
complainant or person before itself to give evidence in the case
against the accused.
2020 Ed. Criminal Procedure Code 2010 107
Division 7 — Surrender of travel document and requirement
to remain in Singapore
Surrender of travel document
112.—(1) Despite any other written law —
(a) a police officer of or above the rank of sergeant, with the
written consent of an authorised officer;
(b) the head or an authorised director of any other law
enforcement agency or a person of a similar rank; or
(c) any officer of a prescribed law enforcement agency, with
the written consent of the head or an authorised director of
that law enforcement agency or a person of a similar rank,
may require a person whom he or she has reasonable grounds for
believing has committed any offence to surrender the person’s travel
document.
[19/2018]

(2) Any person who fails to surrender his or her travel document as
required under subsection (1) may be arrested and taken before a
Magistrate.
(3) If the person arrested and taken before the Magistrate under
subsection (2) is unable to show good reasons for not surrendering his
or her travel document, the Magistrate may commit him or her to
prison until he or she surrenders his or her travel document.
(4) For the purposes of subsection (3), a certificate signed by an
authorised officer, or the head or an authorised director of any law
enforcement agency or a person of a similar rank, or the head or an
authorised director of any prescribed law enforcement agency or a
person of a similar rank (as the case may be) to the effect that the
prisoner has complied with the requirements to surrender his or her
travel document is sufficient warrant for the Commissioner of Prisons
to release the prisoner.
[1/2014; 19/2018]

(4A) Any person who has surrendered that person’s travel

document under this section must not leave, or attempt to leave,
Singapore unless —

31.12.2021
108 Criminal Procedure Code 2010 2020 Ed.

(a) that person has applied under section 113 for the return of
that travel document; and
(b) that travel document is returned to that person.
[19/2018]

(4B) Any person who knowingly contravenes subsection (4A) shall

be guilty of an offence and shall be liable on conviction to a fine or to
imprisonment for a term not exceeding 3 years or to both.
[19/2018]

(5) In this section and section 113 —

“authorised director”, in relation to a law enforcement agency,
means a director of that law enforcement agency who is
authorised to perform the duties, and exercise the powers,
under this section and section 113 of the head of that law
enforcement agency;
“authorised officer” means a police officer of or above the rank
of Deputy Superintendent of Police who is authorised by the
Commissioner of Police to give a written consent mentioned
in subsection (1)(a);
“prescribed law enforcement agency” means a law enforcement
agency prescribed for the purposes of subsection (1)(c) by the
Minister charged with the responsibility for that law
enforcement agency.
[19/2018]

Return of travel document

113.—(1) A person who has surrendered his or her travel document
under section 112 may apply to the authorised officer, or the head or
an authorised director of the law enforcement agency or a person of
similar rank, or the head or an authorised director of the prescribed
law enforcement agency or a person of a similar rank (as the case may
be) for the return of the travel document.
[19/2018]

(2) Where an application under subsection (1) has been refused, the
person may apply to a District Judge for the return of his or her travel
document, stating the reasons for the application.
2020 Ed. Criminal Procedure Code 2010 109
(3) The District Judge may —
(a) grant the application subject to such conditions as to the
further surrender of the travel document and the provision
of security for the appearance of the applicant at such time
and place in Singapore as the District Judge may
determine; or
(b) refuse the application.
(4) If the applicant fails to comply with any condition of the return
of the travel document, any security provided for the return may be
forfeited by a Magistrate and the applicant may be arrested and dealt
with in the same way that a person who fails to comply with the
requirement under section 112(1) may be arrested and dealt with
under section 112(2) and (3).

Where person acquainted with facts of investigation intends to

leave Singapore
114.—(1) Where a court is satisfied that any person who is
acquainted with the subject matter of any investigation carried out
under this Code intends to leave Singapore, the court may, having due
regard to the circumstances of the person and on the application of the
Public Prosecutor, by order require the person to remain in Singapore
for such period as the court considers reasonable to facilitate the
investigation.
(2) The court may order due provision to be made for the
maintenance of such person and for compensating him or her for
his or her loss of time.

Division 8 — Summons to appear in court

Form and validity of summons, etc.
115.—(1) A summons to appear issued by a court under this Code
must be in writing, bearing the seal of the court and signed by a
Magistrate or District Judge (as the case may be), or in the case of the
General Division of the High Court, by a Judge or by the Registrar of
the Supreme Court.
[40/2019]

31.12.2021
110 Criminal Procedure Code 2010 2020 Ed.

(2) The summons remains in force until cancelled by the court or

until the person summoned is discharged from it by a court.
(3) The summons may be served by a police officer or by an officer
of the court or any other person directed by the court.
(4) If the summons is in connection with an offence under any
written law enforceable by a public body, the summons may be
served by an officer of that public body.
(5) When a summons cannot be served soon enough to give
reasonable notice to the person summoned to appear before the court
on the date stated in the summons, the court may in writing substitute
some other later date.

Service of summons
116.—(1) A summons issued against a person must, as far as is
reasonably practicable, be served in accordance with the mode of
service mentioned in section 3(1)(a).
(2) A summons issued against a body corporate or a limited liability
partnership must, as far as is reasonably practicable, be served in
accordance with the mode of service mentioned in section 3(1)(g)(i)
and if service cannot be effected by that mode, the summons may be
served by sending it by registered post addressed to the body
corporate or limited liability partnership at the registered office or
principal place of business of the body corporate or limited liability
partnership.
(3) A summons issued against a partnership other than a limited
liability partnership must, as far as is reasonably practicable, be
served in accordance with the mode of service mentioned in
section 3(1)(h)(i) and if service cannot be effected by that mode,
the summons may be served by sending it by registered post
addressed to the partnership at the registered office or principal place
of business of the partnership.
(4) A summons issued against an unincorporated association must,
as far as is reasonably practicable, be served in accordance with the
mode of service mentioned in section 3(1)(i)(i) and if service cannot
be effected by that mode, the summons may be served by sending it
2020 Ed. Criminal Procedure Code 2010 111
by registered post addressed to the unincorporated association at the
address of the unincorporated association.
(5) Despite subsections (1) to (4), a summons may be served in any
manner mentioned in section 3(1) if any of the following persons (as
the case may be) consents to such mode of service:
(a) the person on whom the summons is to be served;
(b) the director, manager or secretary or other similar officer of
a body corporate or limited liability partnership on whom
the summons is to be served;
(c) any of the partners or the secretary or other similar officer
of a partnership (other than a limited liability partnership)
on whom the summons is to be served;
(d) the president, the secretary or any member of the
committee of an unincorporated association (or any
person holding a position analogous to that of the
president, secretary or member of the committee) on
whom the summons is to be served.
(6) Where a summons is issued against a person who cannot, by the
exercise of due diligence, be found, the summons may be served by
leaving a copy thereof for him or her with some adult member of his
or her family or with his or her employee residing with him or her.
(7) Where a summons is issued against a person who cannot, by the
exercise of due diligence, be found, and the summons cannot be
effected in accordance with subsection (6), the serving officer must
affix a copy of the summons to some conspicuous part of the place in
which the person summoned ordinarily resides, and in such a case, the
summons, if the court so directs before or after such affixing, is
deemed to have been duly served.

Proceedings against body corporate, limited liability

partnership, etc.
117.—(1) If a body corporate, limited liability partnership,
partnership or unincorporated association is charged with an
offence, either alone or jointly with some other person, a
representative may appear for the body corporate, limited liability

31.12.2021
112 Criminal Procedure Code 2010 2020 Ed.

partnership, partnership or unincorporated association, as the case

may be.
(2) The representative may do anything on behalf of the body
corporate, limited liability partnership, partnership or unincorporated
association (as the case may be) that an accused may do on the
accused’s own behalf under this Code.
(3) A proceeding is not considered invalid only because an accused
body corporate, limited liability partnership, partnership or
unincorporated association has failed to appear or because its
non-appearance results in something not being done that this Code
directs should be done.
(4) Any failure on the part of a body corporate, limited liability
partnership, partnership or unincorporated association to comply with
the legal formalities relating to the appointment of a representative
does not affect the validity of the court proceedings.
(4A) Subsections (3) and (4) do not apply to any proceeding under
Part 7A.
[19/2018]

(5) In this section, “representative”, in relation to a body corporate,

limited liability partnership, partnership or unincorporated
association, means a person duly appointed by the body corporate,
limited liability partnership, partnership or unincorporated
association (as the case may be) to represent it at the court
proceedings.
(6) A representative for the purposes of this section may be
appointed by a written statement which is to be signed —
(a) in the case of a body corporate or limited liability
partnership, by a director, manager or secretary or other
similar officer of the body corporate or limited liability
partnership;
(b) in the case of a partnership, by any of the partners or the
secretary or other similar officer of the partnership; or
(c) in the case of an unincorporated association, by the
president, the secretary or any member of the committee
of the unincorporated association (or any person holding a
2020 Ed. Criminal Procedure Code 2010 113
position analogous to that of the president, secretary or
member of the committee),
and such written statement is, for the purposes of this section,
admissible without further proof as prima facie evidence that the
person has been duly appointed as representative.

Service for fine-only offence

118. Despite section 116, a summons for a fine-only offence may be
served by sending a copy of the summons by registered post to the last
known address of the person to be summoned.
[19/2018]

Proof of service
119. When a summons issued by a court is served, an affidavit of
such service is admissible as evidence if the affidavit is on its face
made before a person authorised to administer an oath or affirmation.

Issue of warrant instead of or in addition to summons

120. A court in any case in which it is empowered to issue a
summons for the appearance of a person may, after recording its
reasons in writing, issue a warrant for the person’s arrest if —
(a) before or after the issue of the summons but before the time
fixed for the person’s appearance, the court has reason to
believe that the person has absconded or will not obey the
summons; or
(b) at such time fixed for the person’s appearance, the person
fails to appear, and the summons is proved to have been
duly served in time to enable the person to appear in
accordance with it and no reasonable excuse is offered for
such failure.

Service of summons: reciprocal arrangements with Malaysia

and Brunei Darussalam
121.—(1) Where under the provisions of any law in force in
Malaysia or Brunei Darussalam, a Magistrate or a Magistrate’s Court
has issued a warrant or summons authorising the arrest of a person or

31.12.2021
114 Criminal Procedure Code 2010 2020 Ed.

requiring any person to appear before any court in Malaysia or Brunei

Darussalam, and that person is or is believed to be in Singapore, a
Magistrate in Singapore, if satisfied that the warrant or summons was
duly issued in Malaysia or Brunei Darussalam, may endorse the
warrant or summons, and the warrant or summons may then be
executed or served (as the case may be) on that person as if it were a
warrant or summons lawfully issued in Singapore under the
provisions of this Code.
(2) Where under the provisions of any law in force in Malaysia or
Brunei Darussalam corresponding to subsection (1), a warrant or
summons issued by a Magistrate or a Magistrate’s Court in Singapore
has been endorsed by a Magistrate in Malaysia or Brunei Darussalam
and executed or served on the person named in the warrant or
summons, the warrant or summons is for the purposes of this Code
deemed to have been as validly executed or served as if the execution
or service had been effected in Singapore.
(3) Where a warrant has been executed in Singapore pursuant to
subsection (1), the person arrested must be produced as soon as
possible before a Magistrate in Singapore, who must, if satisfied that
the arrested person is the person specified in the warrant, direct that
the arrested person be transferred forthwith in custody to the
appropriate court in Malaysia or Brunei Darussalam; and any such
person is while in such custody deemed for all purposes to be in
lawful custody.
(4) Instead of transferring the arrested person in custody to the
appropriate court in Malaysia or Brunei Darussalam under
subsection (3), the Magistrate may, if the Magistrate is satisfied for
reasons to be recorded by him or her that it is in the interests of justice
to do so and if the case is one in which bail may lawfully be granted,
release the person arrested on bail conditional on the arrested person’s
appearing before the appropriate court in Malaysia or Brunei
Darussalam at a time to be specified in the bond and bail bond.
(5) Where any person has been served with a summons pursuant to
subsection (1), the person must attend at the appropriate court at the
time specified in the summons, unless the person can satisfy the court
that the person cannot reasonably do so.
2020 Ed. Criminal Procedure Code 2010 115
Detention of offender attending court
122.—(1) A person attending court who is not under arrest or has
not been served with a summons may be detained by the court for
examination for any offence which the court may deal with, and
which from the evidence the person appears to have committed.
(2) The court may proceed against the person as though the person
had been arrested or summoned.
(3) When the court proceeds against a person under this section
during the course of a trial, it must begin the proceeding against the
person separately.
[19/2018]

PART 7
THE CHARGE
Form of charge
123.—(1) Every charge under this Code must state the offence with
which the accused is charged.
(2) If the law that creates the offence gives it any specific name, the
offence may be described in the charge by that name only.
(3) If the law that creates the offence does not give it any specific
name, so much of the definition of the offence must be stated as to
give the accused notice of the matter with which the accused is
charged.
(4) The provision of the law against which the offence is said to
have been committed must be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that
the case fulfils every legal condition required by law to constitute the
offence charged.
(6) If the accused has been previously convicted of any offence and
it is intended to prove that previous conviction for the purpose of
affecting the punishment which the court is competent to award, the
fact, date and place of the previous conviction must be stated in the

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116 Criminal Procedure Code 2010 2020 Ed.

charge; but if the statement is omitted, the court may add it at any time
before sentence is passed.
Illustrations
(a) A is charged with the murder of B. This is equivalent to a statement that A’s act
fell within the definition of murder in section 300 of the Penal Code 1871; that
A did not come within any of the general exceptions in Chapter 4 of that Code;
and that it did not fall within any of the Exceptions to section 300 or that, if it
did fall within Exception 1, one or other of the 3 provisos to that Exception
applied to it.
(b) A is charged under section 326 of the Penal Code 1871 with voluntarily causing
grievous hurt to B by using an instrument for shooting. This is equivalent to a
statement that section 335 of that Code and the general exceptions in Chapter 4
of that Code did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, criminal intimidation or using
a false property mark. The charge may state, without referring to the definitions
of those offences in the Penal Code 1871, that A committed murder or cheating
or theft or extortion or criminal intimidation or that A used a false property
mark, but the charge must refer to the section under which each offence is
punishable.
(d) A is charged under section 184 of the Penal Code 1871 with intentionally
obstructing a sale of property offered for sale by the lawful authority of a public
servant. The charge should be in those words.

(6A) If the accused is subject to a remission order made under the

Prisons Act 1933 and it is intended to prove the remission order for
the purpose of affecting the punishment the court is competent to
award, the charge must state —
(a) the fact of the remission order; and
(b) the remaining duration of the remission order on the date of
the offence stated in the charge,
but if the statement is omitted, the court may add it at any time before
sentence is passed.
[1/2014]

(7) All charges upon which persons are tried before the General
Division of the High Court must be —
(a) in accordance with the prescribed form;
(b) brought in the name of the Public Prosecutor; and
2020 Ed. Criminal Procedure Code 2010 117
(c) signed by the Public Prosecutor or by some person
authorised by the Public Prosecutor in that behalf and in
the latter case, the words “By authority of the Public
Prosecutor” must be prefixed to the signature.
[40/2019]

Details of time, place and person or thing

124.—(1) The charge must contain details of the time and place of
the alleged offence and the person (if any) against whom or the thing
(if any) in respect of which it was committed, as are reasonably
sufficient to give the accused notice of what the accused is charged
with.
(2) Despite subsection (1), where the accused is charged with any
offence mentioned in subsection (3) —
(a) it is sufficient for the charge —
(i) to specify the gross sum in respect of which the
offence is alleged to have been committed without
specifying particular items; and
(ii) to specify the dates between which the offence is
alleged to have been committed (being a period that
does not exceed 12 months) without specifying exact
dates; and
(b) the charge so framed is deemed to be a charge of
one offence.
[19/2018]

(3) For the purposes of subsection (2), the offences are as follows:
(a) any offence under section 403, 404, 406, 407, 408, 409,
411, 412, 413 or 414 of the Penal Code 1871;
(b) any offence under section 50, 51, 53 or 54 of the
Corruption, Drug Trafficking and Other Serious Crimes
(Confiscation of Benefits) Act 1992;
(c) any other offence (being an offence involving property)
that is prescribed.
[19/2018]

31.12.2021
118 Criminal Procedure Code 2010 2020 Ed.

(4) Despite subsections (1) and (2) and section 132, where 2 or
more incidents of the commission of the same offence by the accused
are alleged, and those alleged incidents taken together amount to a
course of conduct (having regard to the time, place or purpose of each
alleged incident) —
(a) it is sufficient to frame one charge for all of those alleged
incidents, if all of the following conditions are satisfied:
(i) the charge —
(A) contains a statement that the charge is
amalgamated under this subsection;
(B) either —
(BA) specifies the number of separate
incidents of the commission of that
offence that are alleged, without
specifying each particular alleged
incident; or
(BB) if the causing of a particular outcome is
an element of that offence, contains
details of the aggregate outcome caused
by all of those alleged incidents,
without specifying the particular
outcome caused by each particular
alleged incident;
(C) contains a statement that all of those alleged
incidents taken together amount to a course of
conduct; and
(D) specifies the dates between which all of those
incidents are alleged to have occurred, without
specifying the exact date for each particular
alleged incident;
(ii) if a separate charge had been framed in respect of
each of those incidents, the maximum punishment
for the offence specified in each separate charge
would be the same maximum punishment;
2020 Ed. Criminal Procedure Code 2010 119
(iii) the charge so framed does not specify any offence
punishable with death; and
(b) the charge so framed is deemed to be a charge of
one offence.
Illustrations
(a) A is charged under section 465 of the Penal Code 1871 with committing forgery
by making a false document. By virtue of section 463 of that Code, A’s conduct
in making the false document is conduct that is an element of the offence that A
is charged with.
(b) A is charged under section 325 of the Penal Code 1871 with voluntarily causing
grievous hurt to B. A’s conduct in causing grievous hurt to B is conduct that is
an element of the offence that A is charged with.
(c) A is charged under section 426 of the Penal Code 1871 with committing
mischief by setting fire to a dustbin, and thereby causing the destruction of the
dustbin. By virtue of section 425 of that Code, the destruction of the dustbin is
an outcome (caused by A’s conduct of setting fire to the dustbin) that is an
element of the offence that A is charged with.
(d) A is charged under section 417 of the Penal Code 1871 with cheating B by
deceiving B, and thereby intentionally inducing B to do a thing which B would
not do if B were not so deceived. By virtue of section 415 of that Code, the thing
that B is induced to do is an outcome (caused by A’s conduct of deceiving B)
that is an element of the offence that A is charged with.

[19/2018]

(5) For the purposes of subsection (4), 2 or more alleged incidents

of the commission of an offence, taken together, may amount to a
course of conduct, if one or more of the following circumstances
exist:
(a) where the offence is one that has an identifiable victim, the
victim in each alleged incident is the same person or
belongs to the same class of persons;
(b) all of the alleged incidents involve the employment of the
same method or similar methods;
(c) all of the alleged incidents occurred in the same place, in
similar places, or in places that are located near to each
other;

31.12.2021
120 Criminal Procedure Code 2010 2020 Ed.

(d) all of the alleged incidents occurred within a defined period

that does not exceed 12 months.
[19/2018]

(6) To avoid doubt, subsection (5) does not contain an exhaustive

list of the circumstances where 2 or more alleged incidents of the
commission of an offence, taken together, may amount to a course of
conduct.
[19/2018]

(7) Subsection (4) ceases to apply to 2 or more alleged incidents of

the commission of the same offence by the accused, if the accused
indicates that the accused intends to rely on a different defence in
relation to each of those alleged incidents.
[19/2018]

(8) Subject to subsection (7), where a charge is framed under

subsection (2) or (4), and a person is convicted of the offence
specified in that charge —
(a) the court may sentence that person —
(i) in any case where the charge is framed under
subsection (2) — to 2 times the amount of
punishment to which that person would otherwise
have been liable for that offence; or
(ii) in any case where the charge is framed under
subsection (4) — to 2 times the amount of
punishment to which that person would otherwise
have been liable if that person had been charged with
and convicted of any one of the incidents of
commission of the offence mentioned in that
subsection; but
(b) any sentence of caning imposed by the court in respect of
that offence must not exceed the specified limit in
section 328.
[19/2018]

(9) Despite anything to the contrary in this Code, where a

Magistrate’s Court or District Court would (apart from this section)
have jurisdiction and power to try a particular type of offence, and a
charge specifying an offence of that type is framed under
2020 Ed. Criminal Procedure Code 2010 121
subsection (2) or (4) — the Magistrate’s Court or District Court (as
the case may be) —
(a) has jurisdiction to hear and determine all proceedings for
the offence specified in that charge; and
(b) has power to award the full punishment provided under
subsection (8) in respect of the offence specified in that
charge.
[19/2018]

(10) Subsections (8) and (9) do not apply to a charge framed under
subsection (2) or (4) in respect of any act or omission that took place
before 31 October 2018.
[19/2018]

When manner of committing offence must be stated

125. If the particulars mentioned in sections 123 and 124 do not
give the accused sufficient notice of what the accused is charged with,
then the charge must also give details of how the alleged offence was
committed as will be sufficient for that purpose.
Illustrations
(a) A is accused of theft of a certain article at a certain time and place. The charge
need not state how the theft was effected.
(b) A is accused of cheating B at a given time and place. The charge must state how
A cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must
state that portion of A’s evidence that is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of B’s public
functions at a given time and place. The charge must state how A obstructed B
in discharging B’s functions.
(e) A is accused of the murder of B at a given time and place. The charge need not
state how A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from
punishment. The charge must state the disobedience charged and the law
broken.

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122 Criminal Procedure Code 2010 2020 Ed.

Sense of words used in charge to describe offence

126. In every charge, words used to describe an offence are deemed
to have been used in the sense attached to them respectively by the
law under which that offence is punishable.

Effect of errors
127. No error in stating either the offence or the particulars that
must be stated in the charge, and no omission to state the offence or
those details is to be regarded at any stage of the case as material
unless the accused was in fact misled by that error or omission.
Illustrations
(a) [Deleted by Act 15 of 2019]
(b) A is charged with cheating B. How A cheated B is not stated in the charge or is
stated incorrectly. A defends himself or herself, calls witnesses and gives A’s
own account of the transaction. The court may infer from this that omitting to
state, or stating incorrectly, how B was cheated is not a material error.
(c) A is charged with cheating B. How A cheated B is not stated in the charge. There
were many transactions between A and B and A had no means of knowing to
which of them the charge referred and offered no defence. The court may infer
from those facts that omitting to state how B was cheated was a material error.
(d) A was charged with murdering Tan Ah Teck on 5 June 1996 and Tan Ah Tuck,
who tried to arrest A for that murder, on 6 June 1996. While charged with
murdering Tan Ah Teck, A was tried for the murder of Tan Ah Tuck. The
witnesses present in A’s defence were witnesses in the case of Tan Ah Teck. The
court may infer from this that A was misled and that the error was material.

[15/2019]

Court may alter charge or frame new charge

128.—(1) A court may alter a charge or frame a new charge,
whether in substitution for or in addition to the existing charge, at any
time before judgment is given.
(2) A new or altered charge must be read and explained to the
accused.

Trial after alteration of charge or framing of new charge

129.—(1) If a charge is altered or a new charge framed under
section 128, the court must immediately call on the accused to enter
2020 Ed. Criminal Procedure Code 2010 123
the accused’s plea and to state whether the accused is ready to be tried
on this altered or new charge.
(2) If the accused declares that the accused is not ready, the court
must duly consider any reason the accused gives.
(3) If the court thinks that proceeding immediately with the trial is
unlikely to prejudice the accused’s defence or the prosecutor’s
conduct of the case, then it may proceed with the trial.
(4) If the court thinks otherwise, then it may direct a new trial or
adjourn the trial for as long as necessary.

Stay of proceedings if altered or new charge requires Public

Prosecutor’s consent
130.—(1) If the offence stated in the altered or new charge is one
that requires the Public Prosecutor’s consent under section 10(1),
then the trial must not proceed before the consent is obtained, unless it
has already been obtained for a prosecution on the same facts as those
on which the altered or new charge is based.
(2) If consent for the prosecution is or has been obtained, all
evidence previously admitted by the court in the trial is deemed to
have been admitted in evidence in the trial of the altered or new
charge.

Recall of witnesses on trial of altered or new charge

131. If a charge is altered or a new charge is framed by the court
after the start of a trial, the prosecutor and the accused must, on
application to the court by either party, be allowed to recall or
re-summon and examine any witness who may have been examined,
with reference to the altered or newly framed charge only, unless the
court thinks that the application is frivolous or vexatious or is meant
to cause delay or to frustrate justice.

Separate charges for distinct offences

132.—(1) For every distinct offence of which any person is
accused, there must be a separate charge and, subject to
subsection (2), every charge must be tried separately.

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124 Criminal Procedure Code 2010 2020 Ed.

(2) Subsection (1) does not apply —

(a) in the cases mentioned in sections 133 to 136, 138, 143,
144 and 145;
(b) to charges to which the accused pleads guilty; or
(c) to charges which the accused and the prosecutor consent to
be taken into consideration under section 148.
Illustration
A is accused of a theft on one occasion and of causing grievous hurt on another
occasion. A must be separately charged and separately tried for the theft and causing
grievous hurt. However, A does not need to be separately tried if A pleads guilty to
both charges or if A pleads guilty to one charge and consents to the other charge
being taken into consideration under section 148.

Joining of similar offences

133. When a person is accused of 2 or more offences, the person
may be charged with and tried at one trial for any number of those
offences if the offences form or are a part of a series of offences of the
same or a similar character.

Trial for more than one offence

134. If, in one series of acts connected so as to form the same
transaction, 2 or more offences are committed by the same person,
then the person may be charged with and tried at one trial for every
such offence.
Illustrations
The separate charges referred to in illustrations (a) to (g) below respectively
may be tried at one trial.
(a) A rescues B, a person in lawful custody, and in doing so causes grievous hurt
to C, a constable in whose custody B was. A may be separately charged with
offences under sections 225 and 333 of the Penal Code 1871.
(b) A has in A’s possession several seals that A knows to be counterfeit and
intends to use them to commit forgeries punishable under section 466 of the
Penal Code 1871. A may be separately charged with the possession of each
seal under section 473 of the Penal Code 1871.
(c) Intending to cause injury to B, A begins a criminal proceeding against B
knowing that there is no just or lawful basis for the proceeding; and also
falsely accuses B of having committed an offence knowing there is no just or
2020 Ed. Criminal Procedure Code 2010 125

lawful basis for the charge. A may be separately charged with 2 offences
under section 211 of the Penal Code 1871.
(d) Intending to cause injury to B, A falsely accuses B of having committed an
offence knowing that there is no just or lawful basis for the charge. At the
trial, A gives false evidence against B, intending thereby to cause B to be
convicted of a capital offence. A may be separately charged with offences
under sections 211 and 194 of the Penal Code 1871.
(e) A, with 6 others, commits the offences of rioting, causing grievous hurt and
assaulting a public servant B trying to suppress the riot in the discharge of
B’s duty. A may be separately charged with offences under sections 145, 325
and 152 of the Penal Code 1871.
(f) A threatens B, C and D at the same time with injury to their persons with
intent to cause alarm to them. A may be separately charged with each of the
3 offences under section 506 of the Penal Code 1871.
(g) A locks B and C in a room and then sets fire to that room, intending thereby
to cause their deaths. A may be separately charged with each of the
2 offences under section 302 of the Penal Code 1871.

Trial of offences within 2 or more definitions

135. If the alleged acts constitute an offence falling within 2 or
more separate definitions of any law by which offences are defined or
punished, then the person accused of them may be charged with and
tried at one trial for each of those offences.
Illustrations
The separate charges referred to in illustrations (a) to (d) below respectively
may be tried at one trial.
(a) A wrongfully strikes B with a cane. A may be separately charged with
offences under sections 352 and 323 of the Penal Code 1871.
(b) Several stolen sacks of rice are passed to A and B, who know they are stolen
property, so they can conceal them. A and B then voluntarily help each other
to conceal the sacks at the bottom of a grain-pit. A and B may be separately
charged with offences under sections 411 and 414 of the Penal Code 1871.
(c) A exposes A’s child with the knowledge that by doing so A is likely to cause
its death. The child dies as a result. A may be separately charged with
offences under sections 317 and 304 of the Penal Code 1871.
(d) A dishonestly uses a forged document as evidence to convict B, a public
servant, of an offence under section 167 of the Penal Code 1871. A may be
separately charged with offences under sections 471 (read with section 466)
and 196 of the Penal Code 1871.

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Acts forming one offence but when combined form different

offence
136. If several acts of which one or more than one would by itself or
themselves constitute an offence but when combined constitute a
different offence, the person accused of them may be charged with
and tried at one trial for the offence constituted by those acts when
combined or for any offence constituted by any one or more of those
acts.
Illustration
A robs B, and in doing so voluntarily hurts B. A may be separately charged with
offences under sections 323, 392 and 394 of the Penal Code 1871 and A may be tried
at one trial for those offences.

Sections 134, 135 and 136 not to affect section 308

137. Nothing in section 134, 135 or 136 affects section 308.

If it is doubtful what offence has been committed

138. If a single act or series of acts is such that it is doubtful which
of several offences the provable facts will constitute, the accused may
be charged with all or any of those offences and any number of the
charges may be tried at once, or the accused may be charged in the
alternative with any one of those offences.
Illustrations
(a) A is accused of an act that may amount to theft or receiving stolen property or
criminal breach of trust or cheating. A may be charged with theft, receiving
stolen property, criminal breach of trust and cheating, or A may be charged with
having committed theft or receiving stolen property or criminal breach of trust
or cheating.
(b) A states on oath before the committing Magistrate that A saw B hit C with a
club. Before the General Division of the High Court, A states on oath that B
never hit C. A may be charged in the alternative and convicted of intentionally
giving false evidence although it cannot be proved which of these contradictory
statements was false.

[40/2019]
2020 Ed. Criminal Procedure Code 2010 127
When person charged with one offence can be convicted of
another
139. If in the case mentioned in section 138 the accused is charged
with one offence and it appears in evidence that the accused
committed a different offence for which the accused might have been
charged under that section, the accused may be convicted of the
offence that the accused is shown to have committed although the
accused was not charged with it.
Illustration
A is charged with theft. In evidence it appears that A committed the offence of
criminal breach of trust or of receiving stolen goods. A may be convicted of criminal
breach of trust or of receiving stolen goods (as the case may be), although A was not
charged with that offence.

Conviction of attempt or abetment

140. When the accused is charged with an offence, the accused may
be convicted of having attempted to commit it or of having abetted its
commission, although neither the attempt nor the abetment is
separately charged.

When offence proved is lesser offence

141.—(1) If the charge against a person in respect of any offence
consists of several particulars, a combination of only some of which
forms a complete lesser offence, and the combination is proved but
the remaining particulars are not proved, the person may be convicted
of the lesser offence although the person was not charged with it.
(2) When a person is charged with an offence and facts are proved
which reduce it to a lesser offence, the person may be convicted of the
lesser offence although the person is not charged with it.
Illustrations
(a) A is charged under section 407 of the Penal Code 1871 with criminal breach of
trust in respect of property entrusted to A as a carrier. It appears that A did
commit criminal breach of trust under section 406 of the Penal Code 1871 in
respect of the property, but that it was not entrusted to A as a carrier. A may be
convicted of criminal breach of trust under section 406 of the Penal Code 1871.

31.12.2021
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(b) A is charged under section 325 of the Penal Code 1871 with causing grievous
hurt. A proves that A acted on grave and sudden provocation. A may be
convicted under section 335 of the Penal Code 1871.

Where court finds offence mentioned in section 10 proved

142. Where the court makes a finding under section 139 or 141 that
any offence mentioned in section 10(1) has been proved, the court
may only pronounce a conviction if the consent of the Public
Prosecutor is obtained.

Persons who may be charged and tried jointly

143. The following persons may be charged and tried together or
separately:
(a) persons accused of the same offence committed in the
same transaction;
(b) persons accused of different offences committed in the
same transaction;
(c) persons accused of 2 or more offences which form or are a
part of a series of offences of the same or a similar
character;
(d) a person accused of an offence of theft, extortion, robbery,
criminal misappropriation, criminal breach of trust or
cheating, and another person accused of receiving or
retaining or assisting in the disposal or concealment of the
subject matter of that offence;
(e) persons accused of offences under sections 411 and 414 of
the Penal Code 1871, or either of those sections, in respect
of the same stolen property, the possession of which has
been transferred as a result of the original offence of theft,
extortion, robbery, criminal misappropriation, criminal
breach of trust or cheating;
(f) a person accused of any offence under Chapter 18 of the
Penal Code 1871 relating to a counterfeit currency, and a
person accused of any other offence under that Chapter
relating to the same currency;
2020 Ed. Criminal Procedure Code 2010 129
(g) a person accused of committing an offence and a person
accused of abetment of or attempt to commit that offence.
Illustrations
(a) A and B are accused of the same murder. A and B may be charged and tried
together for the murder.
(b) A and B are accused of a robbery during which A commits a murder with which
B has nothing to do. A and B may be tried together, where both will be tried for
robbery and A tried also for the murder.
(c) A and B are both charged with a theft and B is charged with 2 other thefts B
committed during the same transaction. A and B may both be tried together,
where both will be tried for the one theft and B alone for the 2 other thefts.
(d) A commits theft of a computer. B, knowing that the computer was stolen,
receives it from A. B then passes it to C who, knowing that the computer was
stolen, disposes of it. A, B and C may all be tried together.
(e) A and B are accused of giving false evidence in the same proceedings. They
should be charged and tried separately.

[15/2019]

Joint trials for connected offences

144. Despite section 143, persons accused of different offences,
whether under the same written law or under different written laws,
may be charged separately and tried together, if either or both of the
following apply:
(a) those offences arise from the same series of acts, whether
or not those acts form the same transaction;
(b) there is any agreement between those persons for each
person to engage in conduct from which arises the offence
that person is charged with.
Illustrations
(a) A agrees to let B keep B’s benefits of drug trafficking in A’s bank account to
avoid detection. A and B may be separately charged and tried together for
offences under sections 50(1)(a) and 53(1)(a) of the Corruption, Drug
Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992,
respectively, as the offences arise from the same series of acts.
(b) A sells 10 grams of diamorphine to B. Out of the 10 grams of diamorphine, B
sells 5 grams to C. A, B and C may be separately charged and tried together for

31.12.2021
130 Criminal Procedure Code 2010 2020 Ed.

offences under section 5(1)(a) of the Misuse of Drugs Act 1973 as the offences
arise from the same series of acts.
(c) A has in A’s possession a secret official code word which has been entrusted in
confidence to A by a person holding office under the Government and fails to
take reasonable care of the secrecy of the information. As a result of A’s failure,
B comes into possession of the secret official code word and retains it for a
purpose prejudicial to the safety of Singapore when B has no right to retain it. A
and B may be separately charged and tried together for offences under
sections 5(1)(i) and 6(2)(a) of the Official Secrets Act 1935, respectively, as the
offences arise from the same series of acts.
(d) A gives B a gratification as an inducement for awarding a contract by B’s
company to A. A and B may be separately charged and tried together for
offences under section 6(b) and (a), respectively, of the Prevention of
Corruption Act 1960 as the offences arise from the same series of acts.
(e) Members of opposing factions in an unlawful assembly or a riot may be
separately charged and tried jointly as the offence of unlawful assembly or
rioting arises from the same series of acts.
(f) A, B and C are present when officers from the Corrupt Practices Investigation
Bureau conduct a search of certain premises during an investigation into an
offence under the Prevention of Corruption Act 1960. A states to the officers
that there is no evidence of the offence in those premises, when A knows the
statement is false. B overhears A’s statement and, knowing A’s statement is
false, tells C to repeat the same false account to the officers. A and B are charged
separately with an offence under section 28(b) of the Prevention of Corruption
Act 1960 and an offence under section 204A of the Penal Code 1871,
respectively. A and B may be tried together for those offences, as those offences
arise from the same series of acts.
(g) A, B and C enter into an agreement for A to traffic in a controlled drug, B to
manage a brothel and C to import uncustomed goods, with the profits from
these activities to be shared among them. A, B and C are charged separately for
an offence under section 5(1)(a) of the Misuse of Drugs Act 1973, an offence
under section 148(1) of the Women’s Charter 1961 and an offence under
section 128F of the Customs Act 1960, respectively. A, B and C may be tried
together for those offences, as there was an agreement between those persons
for each person to engage in conduct from which arose the offence that person
is charged with.

[19/2018]

Joint trials with consent

145.—(1) A court may try offences together at one trial or order a
joint trial even though it cannot do so by virtue of section 133, 134,
135, 136, 138, 143 or 144, if —
2020 Ed. Criminal Procedure Code 2010 131
(a) in a case where an accused is charged with 2 or more
offences, the Public Prosecutor and the accused consent to
have all such offences tried together; or
(b) in a case where 2 or more persons are charged with
separate offences, the Public Prosecutor and all such
persons consent to a joint trial.
(2) Despite subsection (1), the court must not try offences together
or order a joint trial in relation to a person who had earlier given
consent under that subsection if —
(a) at the time when the consent is given, the person is not
represented by an advocate; and
(b) at the time of the trial, that person objects to the court
trying the offences together or to the joint trial.

Separate trial when accused is prejudiced

146. Despite any other provision in this Code, where before a trial
or at any stage of a trial, a court is of the view that an accused may be
prejudiced or embarrassed in the accused’s defence because —
(a) the accused is charged with and tried at one trial for more
than one offence under section 133, 134, 135, 136 or
145(1)(a); or
(b) the accused is charged with and tried at one trial with one
or more other co-accused under section 143, 144 or
145(1)(b),
the court may order that the accused be charged and tried separately
for any one or more of the offences.

Withdrawal of remaining charges on conviction on one of

several charges
147.—(1) Where 2 or more charges are made against the same
person and the person has been convicted on one or more of them, the
prosecution may, with the consent of the court, withdraw the
remaining charge or any of the remaining charges.

31.12.2021
132 Criminal Procedure Code 2010 2020 Ed.

(2) The withdrawal has the effect of an acquittal on the remaining

charge or charges withdrawn unless the conviction is set aside.
(3) Where a conviction is set aside under subsection (2), and subject
to any order of the court setting aside the conviction, the court may
proceed with the trial of the charge or charges previously withdrawn.

Outstanding offences
148.—(1) If the accused is found guilty of an offence in any
criminal proceedings begun by or on behalf of the Public Prosecutor,
the court in determining and passing sentence may, with the consent
of the prosecution and the accused, take into consideration any other
outstanding offences that the accused admits to have committed.
(2) If the outstanding offences mentioned in subsection (1) were not
begun by or on behalf of the Public Prosecutor, the court must first be
satisfied that the person or authority by whom those proceedings were
begun consents to that course of action.
(3) The General Division of the High Court may, under
subsection (1), take into consideration any outstanding offences an
accused admits to have committed when passing sentence, even
though no transmission proceedings under Division 5 of Part 10 have
been held in respect of those outstanding offences.
[19/2018; 40/2019]

(4) When consent is given under subsection (1) or (2) and any
outstanding offences are taken into consideration in determining and
passing sentence, such fact must be entered in the court’s record.
(5) After being sentenced, the accused may not, unless the
accused’s conviction for the original offence under subsection (1)
is set aside, be charged or tried for any offence that the court had
taken into consideration under this section.

Death of accused
149. Every charge or criminal proceeding abates on the death of the
accused, and the court must so order if it is satisfied that the accused is
dead.
2020 Ed. Criminal Procedure Code 2010 133
PART 7A
DEFERRED PROSECUTION AGREEMENTS
Interpretation of this Part
149A. In this Part —
“alleged offence” means an offence specified in the
Sixth Schedule;
“deferred prosecution agreement” or “DPA” means an
agreement entered into between the Public Prosecutor and
a person who has been charged with, or whom the Public
Prosecutor is considering prosecuting for, an alleged offence,
under which —
(a) the person agrees to comply with the requirements
imposed on the person by the agreement; and
(b) the Public Prosecutor agrees that, upon the approval
of the agreement by the General Division of the High
Court under section 149F, sections 149C and 149I
apply in relation to the prosecution of the person for
the alleged offence;
“give public notice”, in relation to a matter, means to cause a
notice of the matter to be published in the Gazette;
“subject” means a person who enters into a DPA with the Public
Prosecutor.
[19/2018; 40/2019]

Entering into DPA, etc.

149B.—(1) A DPA may be entered into in respect of any alleged
offence, whether alleged to have been committed before, on or after
31 October 2018.
[19/2018]

(2) A DPA in respect of an alleged offence —

(a) may be entered into before, on or after the date on which a
subject is charged with the alleged offence; but

31.12.2021
134 Criminal Procedure Code 2010 2020 Ed.

(b) cannot be entered into after the commencement of the trial

for that alleged offence.
[19/2018]

(3) One DPA may be entered into in respect of 2 or more different

alleged offences.
[19/2018]

(4) A person may choose whether to enter into a DPA with the
Public Prosecutor.
[19/2018]

(5) Before a DPA is in force, any party to the DPA may withdraw
from any negotiation concerning the DPA, from the DPA itself, and
from any proceeding under section 149F relating to the DPA, without
giving any reason for the withdrawal.
[19/2018]

Effect of DPA on court proceedings while DPA is in force

149C. After a DPA is entered into between the Public Prosecutor
and a subject in respect of an alleged offence, the following apply:
(a) if the subject has been charged with the alleged offence, the
subject is deemed to have been granted a discharge not
amounting to an acquittal in relation to the alleged offence,
when the DPA comes into force;
(b) while the DPA is in force, the subject cannot be prosecuted
for the alleged offence in any criminal proceedings;
(c) while the DPA is in force, any limitation period or time
limit for the commencement of any of the following
matters is suspended:
(i) the prosecution of the alleged offence;
(ii) any civil penalty action in respect of the alleged
offence;
(iii) any proceedings for an order for disgorgement of a
benefit derived from the alleged offence;
(iv) any proceedings for the confiscation of any property
that —
2020 Ed. Criminal Procedure Code 2010 135
(A) is used, or intended to be used, for the
commission of the alleged offence; or
(B) constitutes a benefit derived from the alleged
offence;
(v) any disciplinary proceedings, or other proceedings
relating to the imposition of any regulatory measure,
under any written law, that arise from the facts of the
alleged offence.
[19/2018]

Persons who may enter into DPA with Public Prosecutor

149D.—(1) A subject may be a body corporate, a limited liability
partnership, a partnership or an unincorporated association, but
cannot be an individual.
[19/2018]

(2) In the case of a DPA between the Public Prosecutor and a

partnership —
(a) the DPA must be entered into in the name of the
partnership (and not in the name of any of the partners);
and
(b) any money payable under the DPA must be paid out of the
funds of the partnership.
[19/2018]

(3) In the case of a DPA between the Public Prosecutor and an

unincorporated association —
(a) the DPA must be entered into in the name of the association
(and not in the name of any of its members); and
(b) any money payable under the DPA must be paid out of the
funds of the association.
[19/2018]

(4) A subject must be represented by an advocate at the time the

subject enters into a DPA.
[19/2018]

31.12.2021
136 Criminal Procedure Code 2010 2020 Ed.

Content of DPA
149E.—(1) A DPA must contain —
(a) a charge or draft charge (prepared by the Public
Prosecutor) relating to the alleged offence; and
(b) a statement of facts relating to the alleged offence, which
may include admissions made by the subject that enters
into the DPA.
[19/2018]

(2) A DPA must specify a date (called in this Part the expiry date)
on which the DPA ceases to have effect if the DPA is not already
terminated under section 149G.
[19/2018]

(3) The requirements that a DPA may impose on the subject that
enters into the DPA include, but are not limited to, the following
requirements:
(a) to pay to the Public Prosecutor a financial penalty;
(b) to compensate victims of the alleged offence;
(c) to donate money to a charity or any other third party;
(d) to disgorge any profits made by the subject from the
alleged offence;
(e) to implement a compliance programme, or make changes
to an existing compliance programme, relating to the
subject’s policies or to the training of the subject’s
employees or both;
(f) to appoint a person —
(i) to assess and monitor the subject’s internal controls;
(ii) to advise the subject, and the Public Prosecutor, of
any improvements to the subject’s compliance
programme that are necessary, or that will reduce
the risk of a recurrence of any conduct prohibited by
the DPA; and
2020 Ed. Criminal Procedure Code 2010 137
(iii) to report to the Public Prosecutor any misconduct in
the implementation of the subject’s compliance
programme or internal controls;
(g) to cooperate in —
(i) any investigation relating to the alleged offence; and
(ii) any investigation relating to any possible offence,
committed by any officer, employee or agent of the
subject, that arises from the same or substantially the
same facts as the alleged offence;
(h) to pay any reasonable costs of the Public Prosecutor in
relation to the alleged offence or the DPA.
[19/2018]

(4) A DPA may impose time limits within which the subject of the
DPA must comply with the requirements imposed on the subject.
[19/2018]

(5) A DPA may include a term setting out the consequences of a

failure by the subject of the DPA to comply with any of its terms.
[19/2018]

Court approval of DPA

149F.—(1) When the Public Prosecutor and the subject have
agreed on the terms of a DPA, the Public Prosecutor must apply by
criminal motion to the General Division of the High Court for a
declaration (called in this section the relevant declaration) that —
(a) the DPA is in the interests of justice; and
(b) the terms of the DPA are fair, reasonable and proportionate.
[19/2018; 40/2019]

(2) At the hearing of an application under subsection (1) —

(a) the Public Prosecutor and the subject may submit on the
application jointly or separately; and
(b) the General Division of the High Court may —
(i) make the relevant declaration;
(ii) refuse the application; or

31.12.2021
138 Criminal Procedure Code 2010 2020 Ed.

(iii) adjourn the hearing of the application —

(A) for the Public Prosecutor and the subject to
amend the DPA; or
(B) for any other reason.
[19/2018; 40/2019]

(3) A DPA comes into force only when the General Division of the
High Court approves the DPA by making the relevant declaration.
[19/2018; 40/2019]

(4) An application under subsection (1) must be heard and dealt

with in camera.
[19/2018]

(5) Upon the General Division of the High Court making a relevant
declaration, the Public Prosecutor must give public notice of the
following, unless the Public Prosecutor is prohibited from doing so
by or under any written law or by an order of the General Division of
the High Court under section 149J(1) or (2):
(a) the DPA to which the relevant declaration relates;
(b) the relevant declaration;
(c) if any reasons are given by the General Division of the
High Court for its decision to make the relevant
declaration, those reasons.
[19/2018; 40/2019]

(6) A refusal by the General Division of the High Court of an

application under subsection (1) in respect of a DPA entered into
between the Public Prosecutor and a subject in respect of an alleged
offence, does not prevent the Public Prosecutor from making another
application under that subsection, for a relevant declaration in respect
of a different DPA entered into with the same subject in respect of the
same alleged offence.
[19/2018; 40/2019]

Breach of DPA
149G.—(1) If the Public Prosecutor believes that the subject that
entered into a DPA has failed to comply with the terms of the DPA,
2020 Ed. Criminal Procedure Code 2010 139
the Public Prosecutor may make an application to the General
Division of the High Court under this section.
[19/2018; 40/2019]

(2) On an application under subsection (1), the Public Prosecutor

must prove, on a balance of probabilities, that the subject that entered
into a DPA has failed to comply with the terms of the DPA.
[19/2018]

(3) If the General Division of the High Court is satisfied that the
subject that entered into a DPA has failed to comply with the terms of
the DPA, the General Division of the High Court must terminate the
DPA.
[19/2018; 40/2019]

(4) Where the General Division of the High Court decides that the
subject that entered into a DPA did not fail to comply with the terms
of the DPA, the Public Prosecutor must give public notice of the
following, unless the Public Prosecutor is prohibited from doing so
by or under any written law or by an order of the General Division of
the High Court under section 149J(1) or (2):
(a) the decision of the General Division of the High Court;
(b) if any reasons are given by the General Division of the
High Court for that decision, those reasons.
[19/2018; 40/2019]

(5) Where the General Division of the High Court terminates a DPA
under subsection (3), the Public Prosecutor must give public notice of
the following, unless the Public Prosecutor is prohibited from doing
so by or under any written law or by an order of the General Division
of the High Court under section 149J(1) or (2):
(a) the fact that the DPA has been terminated by the General
Division of the High Court following a failure by the
subject that entered into the DPA to comply with the terms
of the DPA;
(b) if any reasons are given by the General Division of the
High Court for its decisions under subsections (2) and (3),
those reasons.
[19/2018; 40/2019]

31.12.2021
140 Criminal Procedure Code 2010 2020 Ed.

(6) Where the General Division of the High Court terminates a DPA
under subsection (3), the subject —
(a) is not entitled to recover any money that the subject had
paid, before the termination, pursuant to any requirement
imposed by the DPA; and
(b) is not entitled to any relief for any detriment caused to the
subject by the subject’s compliance with the terms of the
DPA before the termination.
[19/2018; 40/2019]

Variation of terms of DPA

149H.—(1) At any time when a DPA is in force, the Public
Prosecutor and the subject that entered into the DPA may agree to
vary the terms of the DPA.
[19/2018]

(2) When the Public Prosecutor and the subject that entered into a
DPA have agreed to vary the terms of the DPA, the Public Prosecutor
must apply by criminal motion to the General Division of the High
Court for a declaration (called in this section the relevant declaration)
that —
(a) the variation is in the interests of justice; and
(b) the terms of the DPA as varied are fair, reasonable and
proportionate.
[19/2018; 40/2019]

(3) A variation of the terms of a DPA only takes effect when the
General Division of the High Court approves the variation by making
the relevant declaration.
[19/2018; 40/2019]

(4) Where the General Division of the High Court decides to

approve the variation, the Public Prosecutor must give public notice
of the following, unless the Public Prosecutor is prohibited from
doing so by or under any written law or by an order of the General
Division of the High Court under section 149J(1) or (2):
(a) the DPA as varied;
(b) the relevant declaration;
2020 Ed. Criminal Procedure Code 2010 141
(c) if any reasons are given by the General Division of the
High Court for its decision to make the relevant
declaration, those reasons.
[19/2018; 40/2019]

(5) Where the General Division of the High Court decides not to
approve the variation, the Public Prosecutor must give public notice
of the following, unless the Public Prosecutor is prohibited from
doing so by or under any written law or by an order of the General
Division of the High Court under section 149J(1) or (2):
(a) the decision of the General Division of the High Court;
(b) if any reasons are given by the General Division of the
High Court for that decision, those reasons.
[19/2018; 40/2019]

Expiry of DPA
149I.—(1) If a DPA in respect of an alleged offence remains in
force until its expiry date, then after the DPA has expired —
(a) the Public Prosecutor must —
(i) give written notice to the General Division of the
High Court that the Public Prosecutor does not intend
to prosecute the subject for the alleged offence; and
(ii) give public notice that the Public Prosecutor has
given that written notice to the General Division of
the High Court, unless the Public Prosecutor is
prohibited from doing so by or under any written law
or by an order of the General Division of the High
Court under section 149J(1) or (2); and
(b) except as provided in subsection (2), the subject cannot be
prosecuted for the alleged offence after the Public
Prosecutor gives that written notice to the General
Division of the High Court.
[19/2018; 40/2019]

(2) Despite subsection (1), the Public Prosecutor may initiate new
criminal proceedings against the subject that entered into a DPA in
respect of the alleged offence in that DPA, if the Public Prosecutor
finds (whether before, on or after the expiry date of the DPA) that

31.12.2021
142 Criminal Procedure Code 2010 2020 Ed.

during the course of the negotiations for the DPA (including any
variation of the terms of the DPA that is approved by the General
Division of the High Court under section 149H) —
(a) the subject provided inaccurate, misleading or incomplete
information to the Public Prosecutor; and
(b) the subject knew or ought to have known that the
information was inaccurate, misleading or incomplete.
[19/2018; 40/2019]

(3) Where —
(a) a DPA is entered into between the Public Prosecutor and a
subject in respect of an alleged offence;
(b) the subject is deemed under section 149C(a) to have been
granted a discharge not amounting to an acquittal in
relation to the alleged offence; and
(c) the DPA remains in force until its expiry date,
after the DPA has expired, the General Division of the High Court
may, on the application of the Public Prosecutor, grant the subject a
discharge amounting to an acquittal in relation to the alleged offence.
[19/2018; 40/2019]

(4) For the purposes of subsections (1) and (3), a DPA is not to be
treated as having expired if an application by the Public Prosecutor
under section 149G, about an alleged failure by the subject that
entered into the DPA to comply with the terms of the DPA, is pending
on the expiry date of the DPA.
[19/2018]

(5) In the case mentioned in subsection (4) —

(a) if the General Division of the High Court decides that the
subject did not fail to comply with the terms of the DPA,
the DPA is to be treated as expiring when the application
under section 149G is decided; or
(b) if the General Division of the High Court terminates the
DPA —
(i) the DPA is to be treated as not having remained in
force until its expiry date; and
2020 Ed. Criminal Procedure Code 2010 143
(ii) therefore, subsections (1) and (3) do not apply.
[19/2018; 40/2019]

Publication of information
149J.—(1) The General Division of the High Court may postpone
the giving of public notice under section 149F(5), 149G(4) or (5),
149H(4) or (5) or 149I(1)(a)(ii) for such period as the General
Division of the High Court considers necessary, if it appears to the
General Division of the High Court that the postponement is
necessary to avoid substantial risk of prejudice to the
administration of justice in —
(a) any legal proceedings;
(b) any investigation under this Code; or
(c) any criminal investigation under any other written law.
[19/2018; 40/2019]

(2) In any proceedings under this Part, the General Division of the
High Court may, if satisfied that it is expedient in the interests of
justice, public safety, public security or propriety, or for other
sufficient reason, to do so, make either or both of the following
orders:
(a) an order that any information, which is contained in any
court document intended to be produced before the court,
be removed or be sufficiently redacted;
(b) an order that no person is to publish any such information,
or do any other act that is likely to lead to the publication of
any such information.
[19/2018; 40/2019]

(3) Any person who does any act in contravention of an order under
subsection (2) shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 3 years or to both.
[19/2018]

31.12.2021
144 Criminal Procedure Code 2010 2020 Ed.

Use of material in criminal proceedings

149K.—(1) Subsections (2) and (3) apply where a DPA in respect
of an alleged offence is approved by the General Division of the High
Court under section 149F.
[19/2018; 40/2019]

(2) The statement of facts contained in the DPA is, in any criminal
proceedings brought against the subject for the alleged offence, to be
treated as an admission by the subject under section 267.
[19/2018]

(3) However, the admission mentioned in subsection (2) cannot be

withdrawn by the subject under section 267(4).
[19/2018]

(4) Subsections (5) and (6) apply where the Public Prosecutor and a
subject have entered into negotiations for a DPA in respect of an
alleged offence, but the DPA has not been approved by the General
Division of the High Court under section 149F.
[19/2018; 40/2019]

(5) The material described in subsection (6) may be used in

evidence against the subject only —
(a) on a prosecution for an offence consisting of the provision
of inaccurate, misleading or incomplete information; or
(b) on a prosecution for some other offence, if both of the
following apply:
(i) in giving evidence, the subject makes a statement
that is not consistent with the material;
(ii) evidence relating to the material is adduced, or a
question relating to the material is asked, by or on
behalf of the subject in the proceedings arising out of
the prosecution.
[19/2018]

(6) For the purposes of subsection (5), the material is either or both
of the following:
(a) material that shows that the subject entered into
negotiations for a DPA, including, in particular —
(i) any draft of the DPA;
2020 Ed. Criminal Procedure Code 2010 145
(ii) any draft of a statement of facts intended to be
included within the DPA; and
(iii) any statement indicating that the subject entered into
such negotiations;
(b) material that was created solely for the purpose of
preparing the DPA or statement of facts.
[19/2018]

(7) Any material or information obtained by the Public Prosecutor

in the course of negotiations for a DPA or proceedings under this Part
(other than the material described in subsection (6)) may, if
determined (in accordance with the rules of evidence under written
law and any relevant rules of law) to be admissible in evidence, be
used against the subject that enters into the DPA or any other person
in any criminal proceedings relating to any offence.
[19/2018]

Money received by prosecutor under DPA

149L. Any money received by the Public Prosecutor under any of
the following terms of a DPA must be paid into the Consolidated
Fund:
(a) a term requiring the subject that enters into the DPA to pay
a financial penalty to the Public Prosecutor;
(b) a term requiring the subject that enters into the DPA to
disgorge any profits made by the subject from the alleged
offence.
[19/2018]

Appeals from certain decisions under this Part

149M.—(1) The following decisions of the General Division of the
High Court under this Part are appealable:
(a) a decision, on an application under section 149F(1), not to
approve a DPA;
(b) a decision, on an application under section 149G(1), that
the subject that entered into a DPA has failed to comply
with the terms of the DPA;

31.12.2021
146 Criminal Procedure Code 2010 2020 Ed.

(c) a decision, on an application under section 149G(1), that

the subject that entered into a DPA did not fail to comply
with the terms of the DPA;
(d) a decision, on an application under section 149H(2), not to
approve a variation of the terms of a DPA.
[19/2018; 40/2019]

(2) An appeal against a decision mentioned in subsection (1)(a) or

(d) may only be made by the Public Prosecutor.
[19/2018]

(3) An appeal against a decision mentioned in subsection (1)(b) or

(c) may be made by the Public Prosecutor or the subject concerned.
[19/2018]

(4) An appeal against a decision mentioned in subsection (1)(a)

must be heard and dealt with in camera.
[19/2018]

(5) A refusal by the Court of Appeal, on an appeal against a

decision mentioned in subsection (1)(a), to approve a DPA entered
into between the Public Prosecutor and a subject in respect of an
alleged offence, does not prevent the Public Prosecutor from making
another application under section 149F(1), for the approval of a
different DPA entered into with the same subject in respect of the
same alleged offence.
[19/2018]

PART 8
INITIATION OF CRIMINAL PROCEEDINGS AND
COMPLAINT TO MAGISTRATE
Initiation of criminal proceedings
150. Criminal proceedings against any person may be initiated
pursuant to an arrest, a summons, an arrest warrant, a notice to attend
court or any other mode for compelling the attendance of a person in
court which is provided for under this Code or any other written law,
as the case may be.

Examination of complaint
151.—(1) Any person may make a complaint to a Magistrate.
2020 Ed. Criminal Procedure Code 2010 147
(2) On receiving a complaint by a person who is not a police officer
nor an officer from a law enforcement agency nor a person acting
with the authority of a public body, the Magistrate —
(a) must immediately examine the complainant on oath and
the substance of the examination must be reduced to
writing and must be signed by the complainant and by the
Magistrate; and
(b) may, after examining the complainant —
(i) for the purpose of inquiring into the case himself or
herself, issue a summons to compel the attendance
before him or her of any person who may be able to
help him or her determine whether there is sufficient
ground for proceeding with the complaint;
(ii) direct any police officer to make inquiries for the
purpose of ascertaining the truth or falsehood of the
complaint and report to the Magistrate the result of
those inquiries;
(iii) proceed in accordance with section 15 of the
Community Mediation Centres Act 1997; or
(iv) postpone consideration of the matter to enable the
complainant and the person complained against to
try to resolve the complaint amicably.

Dismissal of complaint
152.—(1) After examining the complainant under
section 151(2)(a), and making any inquiry under
section 151(2)(b)(i) or considering the result of any inquiry under
section 151(2)(b)(ii), the Magistrate may dismiss the complaint if he
or she decides that there is insufficient reason to proceed.

31.12.2021
148 Criminal Procedure Code 2010 2020 Ed.

(2) Where in relation to any complaint, the Magistrate or a police

officer has referred any case for mediation under section 15 of the
Community Mediation Centres Act 1997 or under section 16(1)(c),
respectively, and the complainant has failed or refused to attend the
mediation session, the Magistrate may dismiss the complaint if the
complainant does not provide reasonable grounds for the failure or
refusal.
(3) If the Magistrate dismisses the complaint, he or she must record
his or her reasons.

Issue of summons or warrant

153.—(1) A Magistrate must issue a summons for the attendance of
an accused if —
(a) the Magistrate finds sufficient reason to proceed with a
complaint made by a person who is not a police officer nor
an officer from a law enforcement agency nor a person
acting with the authority of a public body;
(b) the Magistrate finds sufficient reason to proceed with a
complaint made by a police officer, an officer from a law
enforcement agency or a person acting with the authority
of a public body, and the complaint is written and signed by
that officer or person;
(c) the Magistrate knows or suspects that an offence has been
committed; or
(d) the accused is brought before the court in custody without
process and is accused of having committed an offence
which the court has jurisdiction to inquire into or try,
and the case appears to be one in which, according to the fourth
column of the First Schedule, the Magistrate should first issue a
summons.
2020 Ed. Criminal Procedure Code 2010 149
(2) In determining whether there is sufficient reason to proceed
under subsection (1)(a), the Magistrate must take into account
whether the accused has failed or refused to attend any mediation
session when the Magistrate has proceeded in accordance with
section 15 of the Community Mediation Centres Act 1997 or when a
police officer has referred the case to a mediator for mediation under
section 16(1)(c), and if so, whether the accused had any reasonable
grounds for the failure or refusal.
(3) If the case appears to be one in which, according to the fourth
column of the First Schedule, the Magistrate should first issue a
warrant, the Magistrate may do so or, if he or she thinks fit, issue a
summons causing the accused to be brought or to appear at a certain
time before a Magistrate’s Court.
(4) If the accused fails or refuses to attend any mediation session
without providing reasonable grounds for such failure or refusal, the
Magistrate may take the failure or refusal into consideration when
issuing any further order or direction as the Magistrate deems fit, or
when sentencing the accused.
(5) This section does not affect section 120.

Personal attendance of accused may be dispensed with

154.—(1) A Magistrate issuing a summons may dispense with the
personal attendance of the accused and permit the accused to appear
by an advocate.
(2) In any case relating to an offence punishable by fine only or by
imprisonment for 12 months or less, or both, and in which a
Magistrate has issued a summons, an accused who wishes to plead
guilty and be convicted and sentenced in the accused’s absence
may —
(a) appear by an advocate; or
(b) by letter plead guilty and agree to pay any fine that may be
imposed for that offence.

31.12.2021
150 Criminal Procedure Code 2010 2020 Ed.

(3) In the case where the accused pleads guilty by letter, the court
may record a plea of guilty, convict the accused according to law, and
sentence the accused to a fine with or without a sentence of
imprisonment if the accused fails to pay the fine.
(4) If the accused pleads guilty by letter, the accused must state in
the letter a postal address.
(5) Despite section 3, the court must then send, by registered post
using the particulars stated under subsection (4), a letter informing
the accused of the sentence imposed.
(6) The accused must pay the fine within 7 days from the date on
which the court’s letter was posted or transmitted.
(7) The court inquiring into or trying the case may at any stage of
the proceeding direct the accused to attend in person, and if necessary
may enforce the accused’s attendance in the way set out in
section 153.
(8) If the court intends to impose a sentence of imprisonment
without the option of a fine, it must require the accused to attend in
person.
(9) If the accused wishes to withdraw his or her plea of guilty and
claim trial when the accused appears pursuant to subsection (8), then
the court must, despite any order of conviction made in the accused’s
absence, permit the accused to withdraw his or her plea and then hear
and determine the case, and if the court convicts the accused, pass
sentence according to law.
(10) Nothing in this section affects the powers of the court
conferred by section 156.
2020 Ed. Criminal Procedure Code 2010 151
Absence of complainant in proceedings instituted on complaint
155. In a private prosecution commenced pursuant to a complaint
under section 151 for an offence which is compoundable under
section 241, the court may at any time before calling upon the accused
to enter upon the accused’s defence, discharge the accused if the
complainant is absent.

Absence of accused
156.—(1) The following apply where an accused does not appear at
the time and place mentioned in the summons or notice to attend
court:
(a) the court may proceed ex parte to hear and determine the
complaint if —
(i) the court is satisfied on oath that —
(A) the summons or notice was duly served on the
accused at least 7 days (or such shorter period
as the court may consider reasonable in a
particular case) before the time appointed in
the summons or notice for appearing; and
(B) the accused was notified, when the summons
or notice was served on the accused, that the
court may hear and determine the complaint in
the absence of the accused, if the accused fails
to appear at the time and place mentioned in the
summons or notice; and
(ii) no sufficient ground is shown for an adjournment;
(b) unless the court proceeds ex parte under paragraph (a) to
hear and determine the complaint, the court must postpone
the hearing to a future day.
[19/2018]

(2) Where the court has proceeded ex parte under subsection (1)(a)
to hear and determine the complaint, the accused may apply to the
court to declare the ex parte proceedings to be void.
[19/2018]

31.12.2021
152 Criminal Procedure Code 2010 2020 Ed.

(3) The court can and must make a declaration that the ex parte
proceedings are void only if the accused proves, on a balance of
probabilities, that —
(a) the accused was unaware of both of the following until
after the ex parte proceedings began:
(i) the summons or notice to attend court;
(ii) the ex parte proceedings; and
(b) the accused made the application under subsection (2)
within 21 days after the date on which the accused first
knew of either of the following:
(i) the summons or notice to attend court;
(ii) the ex parte proceedings.
[19/2018]

(4) Subsections (2) and (3) do not apply to an accused body

corporate, limited liability partnership, partnership or unincorporated
association that —
(a) does not appear at the time and place mentioned in the
summons or notice to attend court; or
(b) fails to comply with the legal formalities relating to the
appointment of a representative who purports to appear for
the accused body corporate, limited liability partnership,
partnership or unincorporated association at the time and
place mentioned in the summons or notice to attend court.
[19/2018]

(5) The accused is not discharged by a declaration made under

subsection (3).
[19/2018]

(6) Subsections (2) and (3) do not affect any right to appeal against
any decision made by the court in the ex parte proceedings.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 153
PART 9
PRE-TRIAL PROCEDURES IN THE STATE COURTS
[5/2014]

Division 1 — General matters

Interpretation of this Part
157. In this Part —
“Case for the Defence” means the document by that name
mentioned in section 165;
“Case for the Prosecution” means the document by that name
mentioned in section 162;
“co-accused” means any person who is to be tried jointly with an
accused and to whom the criminal case disclosure procedures
apply by virtue of section 159;
“court” means a Magistrate’s Court or a District Court, as the
case may be;
“criminal case disclosure conference” means any conference
held under Division 2 in respect of any offence to which the
criminal case disclosure procedures apply by virtue of
section 159;
“criminal case disclosure procedures” means the procedures
under Division 2.

Reading of charge
158. In a case to be tried in a Magistrate’s Court or District Court,
the following provisions apply:
(a) when an accused is first charged in the court for an offence,
a charge must be framed, read and explained to the
accused;
(b) the accused must be asked whether he or she wishes to
claim trial or plead guilty to the charge unless either party
to the case applies for, and the court grants, an adjournment
without the plea being recorded;

31.12.2021
154 Criminal Procedure Code 2010 2020 Ed.

(c) if the accused, after he or she has been asked to plead —

(i) pleads guilty to the charge, Division 3 of Part 11
applies;
(ii) refuses to plead or does not plead or claims trial to
the charge, and the case is subject to the criminal case
disclosure procedures by virtue of section 159,
Division 2 applies; or
(iii) refuses to plead or does not plead or claims trial to
the charge, and the case is not subject to the criminal
case disclosure procedures by virtue of section 159,
Division 4 applies.

When criminal case disclosure procedures apply

159.—(1) Subject to subsection (2), the criminal case disclosure
procedures apply to an offence which ––
(a) is specified in the Second Schedule; and
(b) is to be tried in a District Court.
(2) The criminal case disclosure procedures do not apply if the
defence, on or before the date of the first criminal case disclosure
conference fixed by a court under section 161(1), or such other date to
which the first criminal case disclosure conference is adjourned under
section 238, informs the court that the accused does not wish to have
the criminal case disclosure procedures apply.
[19/2018]

(3) For any offence other than an offence mentioned in

subsection (1), the criminal case disclosure procedures do not
apply unless all parties consent to have the procedures apply.

Division 2 — Criminal case disclosure procedures

Criminal case disclosure conference
160.—(1) The prosecution and the defence must attend a criminal
case disclosure conference as directed by a court in accordance with
this Division for the purpose of settling the following matters:
2020 Ed. Criminal Procedure Code 2010 155
(a) the filing of the Case for the Prosecution and the Case for
the Defence;
(b) any issues of fact or law which are to be tried by the trial
judge at the trial proper;
(c) the list of witnesses to be called by the parties to the trial;
(d) the statements, documents or exhibits which are intended
by the parties to the case to be admitted at the trial;
(e) the trial date.
[19/2018]

(2) The Magistrate or District Judge who presides over a criminal

case disclosure conference must not make any order in relation to any
matter mentioned in subsection (1) in the absence of any party if the
order is prejudicial to that party.
(3) Where an accused claims trial, the Magistrate or District Judge
who had presided over the criminal case disclosure conference in
relation to the accused’s case must not conduct the trial.
(4) Where the defence informs the court during any criminal case
disclosure conference conducted under this Division that the accused
intends to plead guilty to the charge, the court must fix a date for the
accused’s plea to be taken in accordance with Division 3 of Part 11.
[19/2018]

When Case for the Prosecution is served

161.—(1) In a case where the criminal case disclosure procedures
apply by virtue of section 159, and on the date the accused is asked by
the court how the accused wishes to plead and the accused refuses to
plead or does not plead or claims trial, the court must, unless there are
good reasons, fix a first criminal case disclosure conference not
earlier than 8 weeks from that date.
(2) If, at the first criminal case disclosure conference, or such other
date to which the first criminal case disclosure conference has been
adjourned under section 238, the defence does not indicate that the
accused wishes to plead guilty to the charge, the prosecution must file
in court the Case for the Prosecution and serve a copy of this on the
accused and every co-accused (if any) not later than 2 weeks from the

31.12.2021
156 Criminal Procedure Code 2010 2020 Ed.

date of the first criminal case disclosure conference or such date to

which the first criminal case disclosure conference is adjourned.
[19/2018]

(3) Where at a criminal case disclosure conference, the defence

indicates that the accused wishes to claim trial to more than
one charge, the Case for the Prosecution to be served under
subsection (2) must only relate to those charges that the
prosecution intends to proceed with at the trial.
[19/2018]

(4) The court may at any time fix a date for a further criminal case
disclosure conference not earlier than 7 days from the date the Case
for the Prosecution is to be filed under this section.

Contents of Case for the Prosecution

162.—(1) The Case for the Prosecution must contain —
(a) the charge which the prosecution intends to proceed with at
the trial;
(b) a summary of the facts in support of the charge;
(c) a list of the names of the witnesses for the prosecution;
(d) a list of the exhibits that are intended by the prosecution to
be admitted at the trial;
(e) any written statement made by the accused at any time and
recorded by an officer of a law enforcement agency under
any law, which the prosecution intends to adduce in
evidence as part of the case for the prosecution;
(f) a list of every statement, made by the accused at any time
to an officer of a law enforcement agency under any law,
that is recorded in the form of an audiovisual recording,
and that the prosecution intends to adduce in evidence as
part of the case for the prosecution; and
(g) for every statement mentioned in paragraph (f), a transcript
(if any) of the audiovisual recording of that statement.
2020 Ed. Criminal Procedure Code 2010 157

Illustrations
(a) A is charged with theft of a shirt from a shop. The summary of facts should state
the facts in support of the charge, for example, that A was seen taking a shirt in
the shop and putting it into A’s bag, and that A left the shop without paying for
the shirt.
(b) A is charged with conspiracy to cheat together with a known person and an
unknown person. The summary of facts should state —
(i) when and where the conspiracy took place; and
(ii) who the known conspirators were and what they did.
(c) A is charged with robbery and 3 separate written statements, X, Y and Z were
recorded from A by the police at 3 different time periods. If the prosecution
intends to adduce in evidence as part of the Case for the Prosecution statement
Y, but not statements X and Z, the Case for the Prosecution must contain the
entire statement Y. The Case for the Prosecution need not contain statements X
and Z.

[19/2018]

(2) Where the Case for the Prosecution has been served on the
defence, the prosecution must, if requested by the defence, arrange
for the defence to view the audiovisual recording of each statement
mentioned in subsection (1)(f) at a police station or at any other
prescribed place.
[19/2018]

When Case for the Defence is served

163.—(1) At the further criminal case disclosure conference held
on the date mentioned in section 161(4), or such other date to which
the further criminal case disclosure conference has been adjourned
under section 238, if the defence does not indicate that the accused
wishes to plead guilty, the defence must —
(a) file in court the Case for the Defence; and
(b) serve a copy of that Case on the prosecution and on every
co-accused who is claiming trial with the accused (if any),
not later than 2 weeks after the date on which the further criminal case
disclosure conference is held.
[19/2018]

31.12.2021
158 Criminal Procedure Code 2010 2020 Ed.

(2) The court may at any time fix a date for a further criminal case
disclosure conference which is to be held after the Case for the
Defence is to be filed under subsection (1) and after the prosecution is
to serve on the defence copies of the statements, exhibits and records
mentioned in section 166(1).
[19/2018]

Court to explain to unrepresented accused certain

requirements and consequences
164. At the further criminal case disclosure conference held on the
date mentioned in section 161(4), or such other date to which the
further criminal case disclosure conference has been adjourned under
section 238, if the accused is not represented by an advocate, the court
must explain to the accused, in accordance with the prescribed form,
the requirements of section 163(1), the effect of section 166 and the
consequences provided under section 169(1).

Contents of Case for the Defence

165.—(1) The Case for the Defence must contain —
(a) a summary of the defence to the charge and the facts in
support of the defence;
(b) a list of the names of the witnesses for the defence;
(c) a list of the exhibits that are intended by the defence to be
admitted at the trial; and
(d) if objection is made to any issue of fact or law in relation to
any matter contained in the Case for the Prosecution —
(i) a statement of the nature of the objection;
(ii) the issue of fact on which evidence will be produced;
and
(iii) the points of law in support of such objection.
Illustration 1
A is charged with robbery. The summary should state the nature of the defence,
the facts on which it is based (for example, that the victim gave the items to A
voluntarily) and any issue of law which A intends to rely on (for example, that A’s act
did not amount to robbery as the elements of that offence were not made out, or that a
2020 Ed. Criminal Procedure Code 2010 159

general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal

Code 1871 applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of A’s
statements made to the police which statements are intended by the prosecution to be
admitted as part of its case. A must specify which of the statements A intends to
challenge and the facts that A intends to rely on to support A’s challenge.

[15/2019]

(2) Despite subsection (1), an accused who is not represented by an

advocate need not state any —
(a) objection to any issue of law in relation to any matter
contained in the Case for the Prosecution; or
(b) point of law in support of any objection raised by the
defence.

Time for service of other statements and exhibits

166.—(1) Where the Case for the Defence has been served on the
prosecution, the prosecution must, within 2 weeks after the date on
which the Case for the Defence is served, serve on the defence copies
of —
(a) every other written statement given by the accused and
recorded by an officer of a law enforcement agency under
any law in relation to the charge or charges which the
prosecution intends to proceed with at the trial;
(aa) for every other statement given by the accused and
recorded, in the form of an audiovisual recording, by an
officer of a law enforcement agency under any law in
relation to the charge or charges that the prosecution
intends to proceed with at the trial, a transcript (if any) of
the audiovisual recording of that statement;
(b) each documentary exhibit mentioned in section 162(1)(d);
and
(c) criminal records (if any) of the accused, upon payment of
the prescribed fee.
[19/2018]

31.12.2021
160 Criminal Procedure Code 2010 2020 Ed.

(2) Where the documents mentioned in subsection (1) have been

served on the defence, the prosecution must, if requested by the
defence, arrange for the defence to view the audiovisual recording of
each statement mentioned in subsection (1)(aa) at a police station or
at any other prescribed place.
[19/2018]

(3) Where the Case for the Defence has not been served on the
prosecution, the prosecution —
(a) need not serve on the defence any written statement,
exhibit, transcript or record mentioned in subsection (1);
(b) need not arrange for the viewing mentioned in
subsection (2) of the audiovisual recording of any
statement mentioned in subsection (1)(aa); and
(c) may use any such statement, exhibit, transcript, record or
audiovisual recording at the trial.
[19/2018]

(4) Where the Case for the Defence has been served on the
prosecution, the defence must, within 2 weeks after the date on which
the Case for the Defence is served, serve on the prosecution a copy of
each documentary exhibit that is set out in the list mentioned in
section 165(1)(c) and is in the possession, custody or power of the
accused.
[19/2018]

(5) The obligations of the prosecution under subsections (1) and (2)
and the obligation of the defence under subsection (4) are
independent of each other.
[19/2018]

Fixing dates for trial

167. If, at the further criminal case disclosure conference held on
the date mentioned in section 163(2), the defence does not indicate
that the accused wishes to plead guilty, the court may fix a date for
trial.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 161
If co-accused charged subsequently
168. If, subsequent to any criminal case disclosure conference held
under this Division in relation to an accused, a co-accused is charged,
the court may do all or any of the following:
(a) order the prosecution to serve on the co-accused the Case
for the Prosecution in relation to the accused;
(b) order the accused to serve on the co-accused the accused’s
Case for the Defence, if any.

Division 3 — Non-compliance with Division 2

Consequences of non-compliance with Division 2
169.—(1) The court may draw such inference as it thinks fit if —
(a) the prosecution fails to serve the Case for the Prosecution
on the defence, or the defence fails to serve the Case for the
Defence after the Case for the Prosecution has been served
on the defence;
(b) the Case for the Prosecution or the Case for the Defence
does not contain any or any part of the items specified in
section 162 or 165(1), respectively;
(ba) the prosecution fails to serve on the defence any copy of a
statement, transcript, documentary exhibit or criminal
record that the prosecution is required under
section 166(1) to serve on the defence;
(bb) the defence fails to serve on the prosecution a copy of each
documentary exhibit that is set out in the list mentioned in
section 165(1)(c) and is in the possession, custody or
power of the accused; or
(c) the prosecution or the defence puts forward a case at the
trial which differs from or is otherwise inconsistent with
the Case for the Prosecution or the Case for the Defence,
respectively, that has been filed.
[19/2018]

31.12.2021
162 Criminal Procedure Code 2010 2020 Ed.

(2) A court may order a discharge not amounting to an acquittal in

relation to a charge that the prosecution intends to proceed with at
trial, if —
(a) the prosecution fails to serve the Case for the Prosecution
in respect of that charge within the time permitted under
section 161;
(b) the Case for the Prosecution does not contain any or any
part of the items specified in section 162; or
(c) the prosecution fails to serve on the defence, within the
time permitted under section 166(1), any copy of a
statement, transcript, documentary exhibit or criminal
record that the prosecution is required under that
provision to serve on the defence.
[19/2018]

Division 4 — Where criminal case disclosure

procedures do not apply
Court to try accused or transfer case
170. In a case where the criminal case disclosure procedures do not
apply by virtue of section 159, and on the date the accused is asked by
the court how the accused wishes to plead and the accused refuses to
plead or does not plead or claims trial, the court may —
(a) proceed to try the accused immediately or on such date as
the court directs; or
(b) transfer the case to another court of equal jurisdiction for
the case to be tried in accordance with Part 12 at a later
date.

Pre-trial conference
171. In a case where the criminal case disclosure procedures do not
apply by virtue of section 159, a court may, at any time, fix the date
for and conduct a pre-trial conference to settle any administrative
matter in relation to a trial.
2020 Ed. Criminal Procedure Code 2010 163
PART 10
PRE-TRIAL PROCEDURES IN
GENERAL DIVISION OF HIGH COURT
[40/2019]

Division 1 — General matters

Interpretation of this Part
172. In this Part —
“Case for the Defence” means the document by that name
mentioned in section 217;
“Case for the Prosecution” means the document by that name
mentioned in section 214;
“co-accused” means any person who is to be tried jointly with an
accused in the General Division of the High Court;
“criminal case disclosure conference” means any conference
held under sections 212 to 220 in respect of any offence to
which the criminal case disclosure procedures apply by virtue
of section 211A;
“criminal case disclosure procedures” means the procedures
under sections 212 to 220.
[19/2018; 14/2019; 40/2019]

When accused first produced in court

173. In a case that is triable only in the General Division of the High
Court, the accused must be first produced before a Magistrate’s Court
and the charge must be explained to the accused but the accused must
not be called upon to plead thereto.
[40/2019]

Remand of accused
174. Any such person produced under section 173 may be
remanded in accordance with section 238.

31.12.2021
164 Criminal Procedure Code 2010 2020 Ed.

Procedure for cases to be tried in General Division of High

Court
175. The transmission procedures under Division 5 apply to every
offence that is to be tried in the General Division of the High Court.
[19/2018; 40/2019]

Division 2 — [Repealed by Act 19 of 2018]

176. to 198. [Repealed by Act 19 of 2018]

Division 3 — [Repealed by Act 19 of 2018]

199. to 208. [Repealed by Act 19 of 2018]

Division 4 — [Repealed by Act 19 of 2018]

209. [Repealed by Act 19 of 2018]

Division 5 — Transmission proceedings

Transmission of case to General Division of High Court
210.—(1) Where the Public Prosecutor is of the opinion that an
offence must or ought to be tried in the General Division of the High
Court, the Public Prosecutor must, by fiat in writing signed by the
Public Prosecutor, designate the General Division of the High Court
to try the offence.
[19/2018; 40/2019]

(2) Upon receipt of the fiat mentioned in subsection (1) together

with the charge, the Magistrate’s Court must cause the charge to be
read and explained to the accused and thereafter —
(a) transmit the case to the General Division of the High Court
for the purpose of trial; and
(b) order that the accused be remanded in custody until and
during the trial, unless the accused is released on bail.
[40/2019]

(3) To avoid doubt, a Magistrate’s Court can continue to exercise

powers under Division 5 of Part 6 in relation to a case that has been
2020 Ed. Criminal Procedure Code 2010 165
transmitted under subsection (2) to the General Division of the High
Court for the purpose of trial.
[19/2018; 40/2019]

Public Prosecutor may issue subsequent fiat

211. If the Public Prosecutor has by his or her fiat designated the
General Division of the High Court for the trial of the accused, the
Public Prosecutor may nevertheless by subsequent fiat addressed to
the General Division of the High Court designate a District Court or a
Magistrate’s Court for the trial.
[40/2019]

When criminal case disclosure procedures apply

211A.—(1) The criminal case disclosure procedures in this
Division apply to any offence —
(a) that must be tried in the General Division of the High
Court; or
(b) that —
(i) is set out in a written law specified in the
Second Schedule; and
(ii) the Public Prosecutor designates the General
Division of the High Court to try.
[19/2018; 40/2019]

(2) The criminal case disclosure procedures in this Division also

apply to any offence that is to be tried in the General Division of the
High Court, but is not mentioned in subsection (1), if all parties
consent to have those procedures apply to that offence.
[19/2018; 40/2019]

Procedure after case has been transmitted to General Division

of High Court
212.—(1) Where the criminal case disclosure procedures in this
Division apply by virtue of section 211A, after the case has been
transmitted to the General Division of the High Court, the
prosecution and the defence must, unless the Registrar of the
Supreme Court for good reason directs otherwise, attend a first
criminal case disclosure conference, not earlier than 4 weeks from the

31.12.2021
166 Criminal Procedure Code 2010 2020 Ed.

date of transmission as directed by the Registrar of the Supreme Court

for the purpose of settling the following matters:
(a) the filing of the Case for the Prosecution and the Case for
the Defence;
(b) any issues of fact or law which are to be tried by the trial
judge at the trial proper;
(c) the list of witnesses to be called by the parties to the trial;
(d) the statements, documents or exhibits which are intended
by the parties to be admitted at the trial;
(e) the trial date.
[19/2018; 40/2019]

(2) The Registrar of the Supreme Court must not make any order in
relation to any matter mentioned in subsection (1) in the absence of
any party if the order is prejudicial to that party.
(3) Where the defence informs the Registrar of the Supreme Court
during any criminal case disclosure conference conducted under this
Division that the accused intends to plead guilty to the charge, the
Registrar must fix a date for the accused’s plea to be taken in
accordance with Division 3 of Part 11.
[19/2018]

When Case for the Prosecution is served

213.—(1) If, at the first criminal case disclosure conference held on
the date referred to in section 212(1), or on such other date to which
the first criminal case disclosure conference has been adjourned
under section 238, the defence does not indicate that the accused
wishes to plead guilty to the charge, the prosecution must file in the
General Division of the High Court the Case for the Prosecution and
serve a copy of this on the accused and every co-accused claiming
trial with the accused (if any) not later than 2 weeks from the date of
the first criminal case disclosure conference or such date to which the
first criminal case disclosure conference is adjourned.
[19/2018; 40/2019]

(2) Where at a criminal case disclosure conference, the defence

indicates that the accused wishes to claim trial to more than
one charge, the Case for the Prosecution to be served under
2020 Ed. Criminal Procedure Code 2010 167
subsection (1) shall only relate to those charges that the prosecution
intends to proceed with at the trial.
[19/2018]

(3) The Registrar of the Supreme Court may at any time fix a date
for a further criminal case disclosure conference not earlier than
7 days from the date the Case for the Prosecution is to be filed under
this section.

Contents of Case for the Prosecution

214.—(1) The Case for the Prosecution must contain the following:
(a) a copy of the charge which the prosecution intends to
proceed with at the trial;
(b) a list of the names of the witnesses for the prosecution;
(c) a list of exhibits that are intended by the prosecution to be
admitted at the trial;
(d) the statements of the witnesses under section 264 that are
intended by the prosecution to be admitted at the trial;
(e) any written statement made by the accused at any time and
recorded by an officer of a law enforcement agency under
any law, which the prosecution intends to adduce in
evidence as part of the case for the prosecution;
(f) a list of every statement, made by the accused at any time
to an officer of a law enforcement agency under any law,
that is recorded in the form of an audiovisual recording,
and that the prosecution intends to adduce in evidence as
part of the case for the prosecution;
(g) for every statement mentioned in paragraph (f), a transcript
(if any) of the audiovisual recording of that statement.
[19/2018]

(2) Where the Case for the Prosecution has been served on the
defence, the prosecution must, if requested by the defence, arrange
for the defence to view the audiovisual recording of each statement
mentioned in subsection (1)(f) at a police station or at any other
prescribed place.
[19/2018]

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168 Criminal Procedure Code 2010 2020 Ed.

When Case for the Defence is served

215.—(1) If, at the further criminal case disclosure conference held
on the date mentioned in section 213(3) or on such other date to which
the further criminal case disclosure conference has been adjourned
under section 238 —
(a) the defence does not indicate that the accused wishes to
plead guilty, the defence may file in the General Division
of the High Court the Case for the Defence and serve a
copy on the prosecution and on every co-accused claiming
trial with the accused (if any) not later than 2 weeks from
the date of the further criminal case disclosure conference;
or
(b) the defence indicates that the accused does not wish to file
the Case for the Defence, the Registrar of the Supreme
Court may fix a date for trial in the General Division of the
High Court.
[19/2018; 40/2019]

(2) The Registrar of the Supreme Court may at any time fix a date
for a further criminal case disclosure conference which is to be held
after the Case for the Defence is to be filed under this section and after
the prosecution is to serve on the defence copies of the statements and
records mentioned in section 218(1).

Court to explain to unrepresented accused certain matters

216. If, at the further criminal case disclosure conference held on
the date mentioned in section 215(1), the accused is not represented
by an advocate, the Registrar of the Supreme Court must explain to
the accused, in accordance with the prescribed form, what the
accused may do under section 215(1)(a), the effect of section 218 and
the consequences provided under section 221.

Contents of Case for the Defence

217.—(1) The Case for the Defence must contain —
(a) a summary of the defence to the charge and the facts in
support of the defence;
(b) a list of the names of the witnesses for the defence;
2020 Ed. Criminal Procedure Code 2010 169
(c) a list of the exhibits that are intended by the defence to be
admitted at the trial; and
(d) if objection is made to any issue of fact or law in relation to
any matter contained in the Case for the Prosecution —
(i) a statement of the nature of the objection;
(ii) the issue of fact on which evidence will be produced;
and
(iii) the points of law in support of such objection.
Illustration 1
A is charged with robbery. The summary should state the nature of the defence,
the facts on which it is based (for example, that the victim gave the items to A
voluntarily) and any issue of law which A intends to rely on (for example, that A’s act
did not amount to robbery as the elements of that offence were not made out, or that a
general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal
Code 1871 applied in this case).
Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of A’s
statements made to the police which statements are intended by the prosecution to be
admitted as part of its case. A must specify which of the statements A intends to
challenge and the facts that A intends to rely on to support A’s challenge.

[15/2019]

(2) Despite subsection (1), an accused who is not represented by an

advocate need not state any —
(a) objection to any issue of law in relation to any matter
contained in the Case for the Prosecution; or
(b) point of law in support of any objection raised by the
defence.

Time for service of other statements, etc.

218.—(1) After the Case for the Defence has been served on the
prosecution, the prosecution must, within 2 weeks after the date on
which the Case for the Defence is served, serve on the defence copies
of —
(a) every other written statement given by the accused and
recorded by an officer of a law enforcement agency under

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170 Criminal Procedure Code 2010 2020 Ed.

any law in relation to the charge or charges which the

prosecution intends to proceed with at the trial;
(aa) for every other statement given by the accused and
recorded, in the form of an audiovisual recording, by an
officer of a law enforcement agency under any law in
relation to the charge or charges that the prosecution
intends to proceed with at the trial, a transcript (if any) of
the audiovisual recording of that statement; and
(b) criminal records (if any) of the accused, upon payment of
the prescribed fee.
[19/2018]

(2) Where the documents mentioned in subsection (1) have been

served on the defence, the prosecution must, if requested by the
defence, arrange for the defence to view the audiovisual recording of
each statement mentioned in subsection (1)(aa) at a police station or
at any other prescribed place.
[19/2018]

(3) Where the Case for the Defence has not been served on the
prosecution, the prosecution —
(a) need not serve on the defence any written statement,
transcript or record mentioned in subsection (1);
(b) need not arrange for the viewing mentioned in
subsection (2) of the audiovisual recording of any
statement mentioned in subsection (1)(aa); and
(c) may use any such statement, transcript, record or
audiovisual recording at the trial.
[19/2018]

(4) Where the Case for the Defence has been served on the
prosecution, the defence must, within 2 weeks after the date on which
the Case for the Defence is served, serve on the prosecution a copy of
each documentary exhibit that is set out in the list mentioned in
section 217(1)(c) and is in the possession, custody or power of the
accused.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 171
(5) The obligations of the prosecution under subsections (1) and (2)
and the obligation of the defence under subsection (4) are
independent of each other.
[19/2018]

Fixing dates for trial

219. If, at the further criminal case disclosure conference held on
the date mentioned in section 215(2), the defence does not indicate
that the accused wishes to plead guilty, the Registrar of the Supreme
Court may fix a date for trial.
[19/2018]

If co-accused charged subsequently

220. If, subsequent to any criminal case disclosure conference held
under this Division in relation to an accused, a co-accused is charged,
the Registrar of the Supreme Court may do all or any of the following:
(a) order the prosecution to serve on the co-accused the Case
for the Prosecution in relation to the accused;
(b) order the accused to serve on the co-accused the accused’s
Case for the Defence, if any.

Pre-trial conference
220A. Regardless whether the criminal case disclosure procedures
in this Division apply by virtue of section 211A, the Registrar of the
Supreme Court may, at any time, fix the date for and conduct a
pre-trial conference to settle any administrative matter in relation to a
trial.
[19/2018]

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172 Criminal Procedure Code 2010 2020 Ed.

Division 6 — Non-compliance with certain

requirements in Division 5
Consequences of non-compliance with certain requirements in
Division 5
221. The court may draw such inference as it thinks fit if —
(a) the Case for the Prosecution or the Case for the Defence
does not contain any or any part of the items specified in
section 214 or 217(1), respectively;
(aa) the prosecution fails to serve on the defence any copy of a
statement, transcript or criminal record that the prosecution
is required under section 218(1) to serve on the defence;
(ab) the defence fails to serve on the prosecution a copy of each
documentary exhibit that is set out in the list mentioned in
section 217(1)(c) and is in the possession, custody or
power of the accused; or
(b) the prosecution or the defence puts forward a case at the
trial which differs from or is otherwise inconsistent with
the Case for the Prosecution or the Case for the Defence,
respectively, that has been filed.
[19/2018]

PART 11
GENERAL PROVISIONS RELATING TO
PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN
ALL COURTS
Division 1 — General pre-trial procedures
Conference by video link
222. A criminal case disclosure conference, or a pre-trial
conference, held under Part 9 or 10, or any matter in relation to
such criminal case disclosure conference or pre-trial conference, may
be heard by video link.
2020 Ed. Criminal Procedure Code 2010 173
Extension of time
223.—(1) Any party to a criminal case disclosure conference may
at any time apply to the court for an extension of time or a further
extension of time to file or serve any document required under Part 9
or 10.
(2) Any application under subsection (1) must be heard in the
presence of all the parties to the criminal case disclosure conference.

Power of court to prohibit certain communication

224.—(1) A relevant judge may, if satisfied that it is expedient in
the interests of public safety, public security or propriety, public
order, national interest or national security of Singapore or any part
thereof, or for other sufficient reason to do so, order that any
information contained in —
(a) the Case for the Prosecution mentioned in sections 162 and
214;
(b) the Case for the Defence mentioned in sections 165(1) and
217(1); or
(c) the statements, exhibits or records mentioned in
section 166(1) or 218(1),
must not be communicated to any other person by the accused, and if
the accused is represented by an advocate, by the accused’s advocate
as well.
[19/2018]

(2) Despite subsection (1), an accused or an accused’s advocate (if

any) may make an application to the relevant judge for the
information contained in the Case for the Prosecution which is
subject to an order under that subsection to be communicated to any
other person, and the relevant judge may grant the application if the
relevant judge is satisfied that such communication is necessary and
desirable for the accused to conduct the accused’s defence.
(3) The relevant judge who grants an application under
subsection (2) may impose any condition as the relevant judge
thinks necessary relating to the communication of the information to
any other person.

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174 Criminal Procedure Code 2010 2020 Ed.

(4) Any person who acts in contravention of any order under

subsection (1) or any condition imposed by the relevant judge under
subsection (3) shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 12 months or to both.
(5) The “relevant judge” mentioned in this section means a District
Judge, Magistrate, the Registrar of the State Courts or the Registrar of
the Supreme Court (as the case may be) conducting a criminal case
disclosure conference under Part 9 or 10.
[5/2014]

Restrictions on reports of restricted information

225.—(1) It is not lawful to publish a report of any information
contained in —
(a) the Case for the Prosecution mentioned in sections 162 and
214;
(b) the Case for the Defence mentioned in sections 165(1) and
217(1); or
(c) the statements, exhibits or records mentioned in
section 166(1) or 218(1),
other than the names, ages and occupations of the accused person or
persons, and the offence or offences, or a summary of them, with
which the accused person or persons is or are charged.
[19/2018]

(2) If a report is published in contravention of this section, the

following persons shall be liable on summary conviction to a fine not
exceeding $5,000:
(a) in the case of a publication of a report as part of a
newspaper or periodical — any proprietor, editor or
publisher of the newspaper or periodical;
(b) in the case of a publication of a report otherwise than as
part of a newspaper or periodical — the person who
publishes it;
2020 Ed. Criminal Procedure Code 2010 175
(c) in the case of a broadcast of a report by a body corporate,
limited liability partnership, partnership or unincorporated
association — any person acting on behalf of the body
corporate, limited liability partnership, partnership or
unincorporated association, having functions in relation
to the broadcast of the report corresponding to those of the
editor of a newspaper or periodical.
(3) Proceedings for an offence under this section may not be
instituted otherwise than by or with the consent of the Public
Prosecutor.
(4) Subsection (1) is in addition to, and not in derogation of, the
provisions of any other written law with respect to the publication of
reports and proceedings of any court.
(5) In this section —
“broadcast” means any transmission of signs or signals for
general reception, using wireless telecommunications or any
other means of delivery, and whether or not the transmission
is encrypted;
“publish”, in relation to a report, means make the report
available to the general public of Singapore, or any section
thereof, in whatever form and by whatever means, including
broadcasting and transmitting on what is commonly known
as the Internet.

Restrictions on use of material disclosed by prosecution

225A.—(1) Where the prosecution discloses (whether before, on or
after 17 September 2018) any material to the accused or the accused’s
advocate (if any) for the purposes of any criminal proceedings —
(a) that material may be disclosed, for the purposes of those
criminal proceedings, to any co-accused in those criminal
proceedings, or to the advocate (if any) of any such
co-accused, by any of the following persons:
(i) the accused;
(ii) the accused’s advocate (if any);

31.12.2021
176 Criminal Procedure Code 2010 2020 Ed.

(iii) any other co-accused or advocate to whom that

material was disclosed under this paragraph; and
(b) on and after 17 September 2018, each of the following
persons is deemed to give an undertaking to the court not to
use that material for any purpose (other than the purposes
of those criminal proceedings) without the permission of
the Public Prosecutor:
(i) the accused;
(ii) the accused’s advocate (if any);
(iii) any co-accused or advocate to whom that material is
disclosed under paragraph (a).
[19/2018]

(2) Subsection (1) applies regardless whether the material is

disclosed by the prosecution voluntarily or pursuant to any written
law or rule of law or any order of court.
[19/2018]

(3) The undertaking in subsection (1)(b) ceases to apply to that

material after that material is adduced as evidence in court in those
criminal proceedings.
[19/2018]

Mode of disclosing statement recorded in form of audiovisual

recording
225B.—(1) This section applies where any rule of law requires the
prosecution to disclose to the defence any statement made by a person
examined under section 22 that is recorded in the form of an
audiovisual recording.
[19/2018]

(2) The prosecution is not required to produce either of the

following to the defence:
(a) the audiovisual recording of the statement;
(b) a copy of that audiovisual recording.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 177
(3) The prosecution must, if requested by the defence, arrange for
the defence to view the audiovisual recording of the statement at a
police station or at any other prescribed place.
[19/2018]

Division 2 — When accused pleads guilty electronically

Pleading guilty electronically
226.—(1) A person who is accused of a prescribed offence and is a
prescribed person under subsection (7)(b) may plead guilty
electronically to that offence by paying the fine and any prescribed
fee under subsection (7)(c) in accordance with this section.
(2) To plead guilty electronically, the accused must —
(a) enter a plea of guilty at a computer terminal designated by
the Registrar of the State Courts for that purpose within the
prescribed time; and
(b) pay in advance the fine fixed by the supervising Magistrate
as the sentence to be imposed on an accused who pleads
guilty electronically to that offence.
[5/2014]

(3) The Registrar of the State Courts must, within a reasonable time
after the accused has entered the plea and paid the fine, send to the
supervising Magistrate a record of the guilty plea and of the fine paid.
[5/2014]

(4) When the supervising Magistrate is satisfied that the fine fixed
under subsection (2)(b) has been paid, the Magistrate is to convict the
accused of the prescribed offence in the accused’s absence and record
the fine paid as the sentence passed for that offence.
(5) The supervising Magistrate may, at any stage of the
proceedings, require the accused to attend in person and, if
necessary, enforce the accused’s attendance by —
(a) issuing a summons if the case appears to be one in which,
according to the fourth column of the First Schedule, the
Magistrate should first issue a summons; or
(b) issuing a warrant if the case appears to be one in which,
according to that column, the Magistrate should first issue

31.12.2021
178 Criminal Procedure Code 2010 2020 Ed.

a warrant, or if the Magistrate thinks fit, by issuing a

summons causing the accused to be brought or to appear at
a certain time before the Magistrate.
(6) Nothing in subsection (5) affects section 120.
(7) For the purposes of this section, the Minister may make
regulations to prescribe —
(a) the offences punishable by fine or by imprisonment of
12 months or less or both to which this section applies;
(b) the class of persons who qualify to plead guilty
electronically under this section;
(c) the fee to be paid for the use of the computer terminal
mentioned in subsection (2)(a);
(d) the method of paying fines and fees under this section;
(e) the time within which an accused may plead guilty
electronically; and
(f) all matters necessary or convenient to give effect to this
section.
(8) In this section —
“prescribed offence” means an offence specified in regulations
made under subsection (7)(a);
“supervising Magistrate” means the Magistrate in charge of the
operation of the computer terminal mentioned in
subsection (2)(a).

Division 3 — Plead guilty procedures

Procedure if accused pleads guilty, etc.
227.—(1) If the accused pleads guilty to the charge after it has been
read and explained to the accused, whether as originally framed or as
amended, the accused’s plea must be recorded and the accused may
be convicted on it.
[4/2014]
2020 Ed. Criminal Procedure Code 2010 179
(2) Before the court records a plea of guilty, it must —
(a) if the accused is not represented by an advocate, be
satisfied that the accused —
(i) understands the nature and consequences of the
accused’s plea and the punishment prescribed for the
offence; and
(ii) intends to admit to the offence without qualification;
or
(b) if the accused is represented by an advocate, record the
advocate’s confirmation that the accused —
(i) understands the nature and consequences of the
accused’s plea; and
(ii) intends to admit to the offence without qualification.
(3) The General Division of the High Court must not record a plea
of guilty in a case where the accused pleads guilty to an offence
punishable with death unless evidence is led by the prosecution to
prove its case at the trial.
[19/2018; 40/2019]

(4) Where a case is transmitted for trial in the General Division of

the High Court under Division 5 of Part 10, the court may order the
parties to the case to attend a criminal case disclosure conference for
the purpose of settling the matters mentioned in section 212, and the
criminal case disclosure procedures in Division 5 of Part 10 apply,
with the necessary modifications, in relation to the case, if —
(a) either of the following applies:
(i) the accused is charged with an offence mentioned in
section 211A(1);
(ii) the accused is charged with any other offence that is
to be tried in the General Division of the High Court,
and all parties consent to have those procedures
apply to that offence;
(b) a date is fixed for a plea of guilty to be taken from the
accused; and

31.12.2021
180 Criminal Procedure Code 2010 2020 Ed.

(c) on that date, the accused refuses to plead, does not plead or
claims trial.
[19/2018; 40/2019]

(5) Where —
(a) the criminal case disclosure procedures apply by virtue of
section 159 in relation to a case;
(b) a date is fixed for a plea of guilty to be taken from the
accused to whom the case relates; and
(c) on that date, the accused refuses to plead, does not plead or
claims trial,
the court may order the parties to the case to attend a criminal case
disclosure conference for the purpose of settling the matters
mentioned in section 160 and the procedures in Division 2 of
Part 9 apply, with the necessary modifications, in relation to the case.

Address on sentence, mitigation and sentence

228.—(1) On the conviction of the accused, the prosecution may
where it thinks fit address the court on sentence.
(2) The address on sentence may include —
(a) the criminal records of the accused;
(b) any victim impact statement; and
(c) any relevant factors which may affect the sentence.
(3) The court must then hear any plea in mitigation of sentence by
the accused and the prosecution has a right of reply.
(4) Where the court is satisfied that any matter raised in the plea in
mitigation materially affects any legal condition required by law to
constitute the offence charged, the court must reject the plea of guilty.
(5) After the court has heard the plea in mitigation, it may —
(a) at its discretion or on the application of the prosecution or
the accused hear any evidence to determine the truth or
otherwise of the matters raised before the court which may
materially affect the sentence; and
2020 Ed. Criminal Procedure Code 2010 181
(b) attach such weight to the matter raised as it considers
appropriate after hearing the evidence.
(6) The court must then pass sentence according to law
immediately or on such day as it thinks fit.
(7) In this section, “victim impact statement” means any statement
relating to any harm suffered by any person as a direct result of an
offence, which includes physical bodily harm or psychological or
psychiatric harm.

PART 12
PROCEDURE AT TRIAL IN ALL COURTS
Interpretation of this Part
229. In this Part, unless the context otherwise requires,
“co-accused” means any person tried jointly with the accused.

Procedure at trial
230.—(1) The following procedure must be complied with at the
trial in all courts:
(a) at the commencement of the trial, the charge must be read
and explained to the accused and the accused’s plea taken;
(b) if the accused pleads guilty to the charge, the court must
follow the procedure set out in Division 3 of Part 11;
(c) if the accused refuses to plead or does not plead or claims
trial, the court must proceed to hear the case;
(d) the prosecutor may open the prosecutor’s case and state
shortly the nature of the offence with which the accused is
charged and the evidence by which the prosecutor
proposes to prove the guilt of the accused;
(e) the prosecutor must then examine the prosecutor’s
witnesses (if any) and each of them may in turn be
cross-examined by the accused and every co-accused, after
which the prosecutor may re-examine them;

31.12.2021
182 Criminal Procedure Code 2010 2020 Ed.

(f) after the prosecutor has concluded the prosecutor’s case,

the defence may invite the court to dismiss the case on the
ground that there is no case to answer and the prosecutor
may reply to the submission;
(g) the court may alter the charge or frame a new charge before
calling on the accused to give the accused’s defence and if
the court does so, the court must follow the procedure set
out in sections 128 to 131;
(h) if the accused pleads guilty to this altered or new charge,
the court must follow the procedure set out in Division 3 of
Part 11;
(i) if the accused refuses to plead or does not plead or claims
trial to the altered or new charge, the court must proceed in
accordance with the procedure set out hereinafter;
(j) if after considering the evidence referred to in
paragraph (e), the court is of the view that there is some
evidence which is not inherently incredible and which
satisfies each and every element of the charge as framed by
the prosecutor or as altered or framed by the court, the
court must call on the accused to give the accused’s
defence;
(k) the court must order a discharge amounting to an acquittal
if it is of the view that there is no such evidence as referred
to in paragraph (j);
(l) nothing in paragraphs (j) and (k) prevents any court from
acquitting the accused at any previous stage of the case if,
for reasons to be recorded by the court, it considers the
charge to be groundless;
(m) before the accused calls any evidence in the accused’s
defence, the court must inform the accused that the accused
will be called upon by the court to give evidence in the
accused’s own defence and what the effect will be if, when
so called on, the accused refuses to give evidence on oath
or affirmation; and the court may inform the accused in the
following terms:
2020 Ed. Criminal Procedure Code 2010 183

. “I find that the prosecution has made out a case against

you on the charge(s) on which you are being tried.
There is some evidence, not inherently incredible, that
satisfies each and every element of the charge(s).
Accordingly, I call upon you to give evidence in your
own defence.
You have 2 courses open to you. First, if you elect to
give evidence you must give it from the witness box, on
oath or affirmation, and be liable to cross-examination.
Second, if you elect not to give evidence in the witness
box, that is to say, remain silent, then I must tell you that
the court in deciding whether you are guilty or not, may
draw such inferences as appear proper from your refusal
to give evidence, including inferences that may be
adverse to you.
Let me also say, whichever course you take, it is open to
you to call other evidence in your own defence. You
may confer with your counsel on the course you wish to
take.
I now call upon you to give evidence in your own
defence. How do you elect?”;

(n) after the court has called upon the accused to give the
accused’s defence, the accused may —
(i) plead guilty to the charge, in which event the court
must follow the procedure set out in Division 3 of
Part 11; or
(ii) choose to give the accused’s defence;
(o) when the accused is called on to begin the accused’s
defence, the accused may, before producing the accused’s
evidence, open the accused’s case by stating the facts or
law on which the accused intends to rely and make such
comments as the accused thinks necessary on the evidence
for the prosecution;

31.12.2021
184 Criminal Procedure Code 2010 2020 Ed.

(p) if the accused is giving evidence in the accused’s own

defence, the evidence must be taken in the following order:
(i) the accused must give evidence and then be
cross-examined first by the other co-accused (if
any) and then by the prosecutor after which the
accused may be re-examined;
(ii) any witness for the defence of the accused must give
evidence and they may in turn be cross-examined
first by the other co-accused (if any) and then by the
prosecutor after which the witness may be
re-examined;
(iii) where there are other co-accused persons, they and
their witnesses must then give evidence and be
cross-examined and re-examined in like order;
(q) an accused may apply to the court to issue process for
compelling the attendance of any witness for the purpose
of examination or cross-examination or to produce any
exhibit in court, whether or not the witness has previously
been examined in the case;
(r) the court must issue process unless it considers that the
application made under paragraph (q) should be refused
because it is frivolous or vexatious or made to delay or
frustrate justice and in such a case the court must record the
reasons for the order;
(s) before summoning any witness pursuant to an application
under paragraph (q), the court may require that the
witness’s reasonable expenses incurred in attending the
trial be deposited in court by the defence;
(t) at the close of the defence case, the prosecution has the
right to call a person as a witness or recall and re-examine a
person already examined, for the purpose of rebuttal, and
such witness may be cross-examined by the accused and
every co-accused, after which the prosecutor may
re-examine the witness;
2020 Ed. Criminal Procedure Code 2010 185
(u) at the close of the defence case, the accused may sum up
the accused’s case;
(v) the prosecution has the final right of reply on the whole
case;
(w) if the court finds the accused not guilty, it must order a
discharge amounting to an acquittal, and must, provided no
other charge is pending against the accused, forthwith
release the accused;
(x) if the court finds the accused guilty, it must record a
conviction and comply with the procedure in section 228
after which it must pass sentence in accordance with the
law.
(2) Where a witness, other than an accused, is giving evidence for
the prosecution or the defence, the court may, on the application of
either party, interpose that witness with any other witness if the court
is of the view that there are good reasons to do so.

Notice required to call witness or produce exhibits not

disclosed in Case for the Prosecution or Case for the Defence
231.—(1) The prosecutor or defence may, at a trial, call a witness or
produce an exhibit not disclosed in the Case for the Prosecution or the
Case for the Defence, respectively, only if the prosecutor or defence
(as the case may be) has given prior notice in writing to the court and
the other parties to the trial of the intention of the prosecutor or
defence (as the case may be) to call that witness or to produce that
exhibit.
(2) The notice must state the name of the witness and an outline of
the witness’s evidence, or provide a brief description of the exhibit, as
the case may be.

Public Prosecutor may decline to further prosecute at any stage

of trial
232.—(1) At any stage of any proceedings in court —
(a) before an accused is acquitted of any charge; or

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(b) where an accused has been convicted of any charge but

before the accused is sentenced for that charge,
the Public Prosecutor may, if he thinks fit, inform the court that the
Public Prosecutor will not further prosecute the accused upon the
charge, and the proceedings on the charge against the accused must
then be stayed and the accused must be discharged from and of the
same.
(2) Except in cases referred to in section 147, a discharge under
subsection (1) does not amount to an acquittal unless the court so
directs.
(3) Where an accused had previously been granted a discharge not
amounting to an acquittal by a Magistrate’s Court or District Court in
relation to an offence triable in the State Courts, any Magistrate’s
Court or District Court (as the case may be) may grant the accused a
discharge amounting to an acquittal on the application of the Public
Prosecutor.
[5/2014]

(4) Where an accused had previously been granted a discharge not

amounting to an acquittal by a Magistrate’s Court or District Court in
relation to an offence triable in the General Division of the High
Court, any Magistrate’s Court or District Court (as the case may be)
may grant the accused a discharge on the application of the Public
Prosecutor.
[40/2019]

(5) A discharge under subsection (4) has the effect of an acquittal.

(6) An application under subsection (3) or (4) may be granted by the
court despite the absence of the accused.

Evidence to be taken in presence of accused

233. Except as otherwise expressly provided, the evidence of a
witness during a trial conducted in accordance with this Part must be
taken in the presence of the accused or, when the accused’s personal
attendance is dispensed with, in the presence of the accused’s
advocate.
2020 Ed. Criminal Procedure Code 2010 187
Trial before single judge
234. Every trial in the General Division of the High Court is to be
heard and disposed of before a single Judge.
[40/2019]

Power of court to order any production of document or thing

235.—(1) Whenever any court considers that the production of any
document or other thing is necessary or desirable for the purposes of
any inquiry, trial or other proceeding under this Code by or before that
court, such court may issue a summons to the person in whose
possession or power the document or thing is believed to be, to
require the person to produce the document or thing at the time and
place stated in the summons.
(2) If any document or thing in the custody of the Postal Authority,
a public postal licensee or the public parcel locker network operator
is, in the opinion of the court, required for the purposes of any inquiry,
trial or proceeding under this Code, the court may require the Postal
Authority, public postal licensee or public parcel locker network
operator (as the case may be) to deliver that document or thing to such
person as the court directs.
[10/2021]

(3) If a person is required merely to produce any document or thing,

the person may comply with such requirement by causing the
document or thing to be produced instead of bringing it in person.
(4) This section does not affect any provision of the Evidence
Act 1893.
(5) Sections 115, 116 and 119 apply in relation to a summons issued
under this section.
(6) To avoid doubt, the power of a court under subsection (1) is not
exercisable by any court which presides or is to preside over any
criminal case disclosure conference or pre-trial conference held under
Part 9 or 10, as the case may be.
(7) Despite subsection (1), where a statement made by a person is
recorded in the form of an audiovisual recording, if a court considers
that the production of the audiovisual recording is necessary or
desirable for the purposes of any inquiry, trial or other proceeding

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188 Criminal Procedure Code 2010 2020 Ed.

under this Code by or before the court, the court may only order the
prosecution to do either or both of the following:
(a) to produce the audiovisual recording in court;
(b) to arrange for the defence to view the audiovisual
recording at a police station or at any other prescribed
place.
[19/2018]

PART 13
GENERAL PROVISIONS RELATING TO
PROCEEDINGS IN COURTS
Division 1 — General provisions
Right of accused person to be defended
236. Every accused person before any court may of right be
defended by an advocate.

Change of judge during trial

237.—(1) Subject to subsection (3), if a judge, having heard and
recorded the whole or part of the evidence in a trial, is unable to
complete the case, it may be continued by another judge who has and
who exercises such jurisdiction.
(2) The judge who continues the case may, in the interest of justice
and without material prejudice to the parties to the proceedings —
(a) act on the evidence recorded by his or her predecessor or
recorded partly by his or her predecessor and partly by
himself or herself; or
(b) start the trial again by summoning the witnesses.
(3) When there is a change of judge, any party to the proceedings
may apply for any or all of the witnesses to be summoned and heard
again and the judge must allow the application unless —
(a) the witness is dead or cannot be found or is incapable of
giving evidence or is kept out of the way by the party
2020 Ed. Criminal Procedure Code 2010 189
making the application, or the witness cannot be brought to
court without unreasonable delay or expense; or
(b) the court believes that the application is frivolous,
vexatious or is made for the purpose of delay.
(4) The appellate court may set aside any conviction made on
evidence not wholly heard by the trial court which continued the case
and it may order a new trial, if it believes that the accused’s defence
on the merits has been materially prejudiced by the proceedings.

Power to postpone or adjourn proceedings

238.—(1) The court may postpone or adjourn any inquiry, trial or
other proceedings on such terms as it thinks fit and for as long as it
considers reasonable, if the absence of a witness or any other
reasonable cause makes this necessary or advisable.
(2) Subject to subsection (3), if the accused is not on bail, the court
may by a warrant remand the accused in custody as it thinks fit.
(3) If it appears likely that further evidence may be obtained by a
remand, the court may so remand the accused in custody for the
purpose of any investigation by a law enforcement agency but not for
more than 8 days at a time.
(4) If the accused is on bail, the court may extend the bail.
(5) The court must record in writing the reasons for the
postponement or adjournment of the proceedings.

Division 2 — Transfer of cases

Power of General Division of High Court to transfer cases
239.—(1) Where in respect of any case it appears to the General
Division of the High Court that —
(a) a fair and impartial trial cannot be had in any State Court;
(b) some question of law of unusual difficulty is likely to arise;
or

31.12.2021
190 Criminal Procedure Code 2010 2020 Ed.

(c) a transfer of the case is expedient for the ends of justice or

is required by this Code or any other written law,
the General Division of the High Court may order —
(d) that the case be transferred from a State Court to any other
State Court of equal or superior jurisdiction; or
(e) that the case be transferred to and tried before the General
Division of the High Court.
[5/2014; 40/2019]

(2) An application for the transfer of a case may be made only after
a court has fixed the case for trial in accordance with the pre-trial
procedures in the State Courts in Part 9, and the order may be granted
at any time thereafter before the conclusion of the trial.
[5/2014]

(3) The application for the transfer of a case is to be by way of a

motion and Division 5 of Part 20 applies, except that where the
applicant is the Public Prosecutor, the motion need not be supported
by affidavit.
(4) When an accused makes an application under this section for the
transfer of a case, the General Division of the High Court may, if it
thinks fit, order the accused to execute a bond with or without sureties
requiring the accused, if convicted, to pay the costs of the
prosecution.
[40/2019]

Transfer of cases by other courts

240.—(1) In any trial before a Magistrate’s Court in which it
appears at any stage of the proceedings that from any cause the case is
one which the Magistrate’s Court is not competent to try or one which
in the opinion of that Court ought to be tried by a District Court or by
the General Division of the High Court, or if before or during the trial
an application is made by the Public Prosecutor, the Magistrate’s
Court must stay proceedings and —
(a) transfer the case to a District Court; or
2020 Ed. Criminal Procedure Code 2010 191
(b) forward the case to the Public Prosecutor, to enable the
transmission procedures under Division 5 of Part 10 to be
held.
[19/2018; 40/2019]

(2) In any trial before a District Court in which it appears at any

stage of the proceedings that from any cause the case is one that the
District Court is not competent to try or one that in the opinion of the
District Court ought to be tried by the General Division of the High
Court, or if before or during the trial an application is made by the
Public Prosecutor, the District Court must —
(a) stay proceedings; and
(b) forward the case to the Public Prosecutor, to enable the
transmission procedures under Division 5 of Part 10 to be
held.
[19/2018; 40/2019]

(2A) Where the case is forwarded to the Public Prosecutor under

subsection (1)(b) or (2)(b), Division 5 of Part 10 applies in relation to
the case.
[19/2018]

(3) The Magistrate’s Court and the District Court must record its
order on the proceedings made under subsections (1) and (2),
respectively.
(4) The powers conferred by subsections (1) and (2), other than the
power of a Magistrate’s Court to transfer a case to a District Court,
must not be exercised except upon the application of the Public
Prosecutor or with the consent of the Public Prosecutor.
(5) If in a trial before a Magistrate’s Court or District Court the
accused, when charged, has refused to plead or has not pleaded or has
claimed to be tried, and no further step has been taken in the
proceedings, that Court may, if it thinks fit, stay the proceedings and
transfer the case to another Magistrate’s Court or District Court (as
the case may be) and must record its order on the proceedings.
(6) If, in any trial before a Magistrate’s Court or District Court —
(a) the accused is charged with an offence under the Protection
from Harassment Act 2014;

31.12.2021
192 Criminal Procedure Code 2010 2020 Ed.

(b) the accused, when charged, has refused to plead or has not
pleaded or has claimed to be tried; and
(c) no further step has been taken in the proceedings relating to
the offence under the Protection from Harassment
Act 2014,
the Magistrate’s Court or District Court (as the case may be) must
stay the proceedings and transfer the case, relating to that offence, to a
Protection from Harassment Court (unless there is sufficient reason
not to do so), and must record its order on the proceedings.
Explanation.—In determining whether there is sufficient reason not to stay the
proceedings and transfer the case under section 240(6), the Magistrate’s Court or
District Court may consider the following:
(a) whether the accused is also charged with any offence under section 6 of
the Protection from Harassment Act 2014 or any offence that is not an
offence under that Act;
(b) where the accused is charged with one or more other offences
mentioned in paragraph (a), whether the maximum penalty for any of
those offences is higher than the maximum penalty for any offence
under the Protection from Harassment Act 2014 (other than under
section 6 of that Act) that the accused is charged with;
(c) whether any step has been taken against the accused, or a co-accused, in
any proceedings pending before a Magistrate’s Court or a District
Court;
(d) whether the pending proceedings mentioned in paragraph (c) relate to
offences that arise from a series of acts that are so connected to the
offence under the Protection from Harassment Act 2014 that the
accused is charged with, as to form a single transaction;
(e) whether the pending proceedings mentioned in paragraph (c) relate to
offences that are of the same or a similar character as the offence under
the Protection from Harassment Act 2014 that the accused is charged
with;
(f) whether no civil proceedings under the Protection from Harassment
Act 2014, for a contravention involving the same underlying conduct
have been, or are likely to be, brought before the Protection from
Harassment Court.

[17/2019]
2020 Ed. Criminal Procedure Code 2010 193
Division 3 — Compounding of offences
Compounding offences
241.—(1) An offence specified in the third column of the
Fourth Schedule may be compounded at any time by the person
specified in the fourth column of that Schedule or, if that person is
suffering from a legal or mental disability, by any person competent
to act on the firstmentioned person’s behalf.
(2) Despite subsection (1), where investigations have commenced
for an offence specified in the third column of the Fourth Schedule, or
when the accused has been charged in court for the offence, the
offence may only be compounded with the consent of the Public
Prosecutor on such conditions as the Public Prosecutor may impose.
(3) Where any offence is compoundable under this section, the
abetment of or a conspiracy to commit the offence, or an attempt to
commit the offence when the attempt is itself an offence, may be
compounded in like manner.
(4) Where investigations have commenced for an offence which is
subsequently compounded under subsection (2), no further
proceedings are to be taken against the person reasonably
suspected of having committed the offence.
(5) Where after the accused has been charged in court, the offence is
compounded under subsection (2), the court must order a discharge
amounting to an acquittal in respect of the accused.

Public Prosecutor may compound offences

242.—(1) The Public Prosecutor may, on such terms and conditions
as the Public Prosecutor may determine, at any time compound any
offence or class of offences as may be prescribed by collecting from a
person who is reasonably suspected of having committed the offence
a sum of money not exceeding —
(a) one half of the amount of the maximum fine that is
prescribed for the offence; or
(b) $5,000,
whichever is the lower.

31.12.2021
194 Criminal Procedure Code 2010 2020 Ed.

(2) Where any offence is compoundable under this section, the

abetment of or a conspiracy to commit the offence, or an attempt to
commit the offence when the attempt is itself an offence, may be
compounded in like manner.
(3) Where investigations have commenced for an offence which is
subsequently compounded under subsection (1), no further
proceedings are to be taken against the person reasonably
suspected of having committed the offence.
(4) Where after the accused has been charged in court, the offence is
compounded under subsection (1), such composition has the effect of
an acquittal in respect of the accused.
(5) The Public Prosecutor may authorise in writing one or more
Deputy Public Prosecutors to exercise the power of composition
conferred on the Public Prosecutor under this section.
(6) The Minister must designate the person who may collect any
sum of money paid under this section for the composition of offences.

Compounding of offences under other written laws

243.—(1) Where any Act (other than the Penal Code 1871)
contains an express provision for the composition of offences
thereunder, the person authorised under that provision to
compound such offences must exercise the power of composition
subject to any general or special directions of the Public Prosecutor.
(2) Where any Act (other than the Penal Code 1871) does not
contain any provision for the composition of offences thereunder, any
offence under that Act or any subsidiary legislation made under that
Act may be compounded under this section if the offence is
prescribed under that Act as a compoundable offence.
(3) For the purposes of subsection (2), the power conferred on any
Minister, statutory authority or other person to make subsidiary
legislation under any Act to which that subsection applies includes
the power —
(a) to prescribe the offences under that Act or any subsidiary
legislation made under that Act that may be compounded
under this section;
2020 Ed. Criminal Procedure Code 2010 195
(b) to designate the person who may compound such offences;
and
(c) to specify the maximum sum for which any such offence
may be compoundable, except that the maximum sum so
specified must not exceed —
(i) one half of the amount of the maximum fine that is
prescribed for the offence; or
(ii) $2,000,
whichever is the lower.
(4) The person designated under subsection (3)(b) may, subject to
such general or special directions that the Public Prosecutor may
give, compound any offence prescribed under subsection (3)(a) by
collecting from a person who is reasonably suspected of having
committed the offence a sum of money not exceeding the maximum
sum that is specified under subsection (3)(c) in respect of that
offence.
(5) On payment of the sum of money, no further proceedings are to
be taken against that person in respect of such offence.

Division 4 — Previous acquittals or convictions

Person once convicted or acquitted not to be tried again for
offence on same facts
244.—(1) A person who has been tried by a court of competent
jurisdiction for an offence and has been convicted or acquitted of that
offence shall not be liable, while the conviction or acquittal remains
in force, to be tried again for the same offence nor on the same facts
for any other offence for which a different charge might have been
made under section 138 or for which the person might have been
convicted under section 139 or 140.
(2) A person acquitted or convicted of any offence may afterwards
be tried for any distinct offence for which a separate charge might
have been made against the person in the former trial under
section 134.

31.12.2021
196 Criminal Procedure Code 2010 2020 Ed.

(3) A person convicted of any offence constituted by any act

causing consequences that together with that act amount to a different
offence from that of which the person was convicted may afterwards
be tried for that different offence if the consequences had not
happened or were not known to the court to have happened at the time
when the person was convicted.
(4) A person acquitted or convicted of any offence constituted by
certain acts may, despite the acquittal or conviction, be charged later
with and tried for any other offence constituted by the same acts
which the person may have committed if the court that first tried the
person was not competent to try the offence with which the person is
subsequently charged.
Explanation — The dismissal of a complaint or the discharge of the accused is not
an acquittal for the purposes of this section.
Illustrations
(a) A is tried on a charge of theft as a servant and acquitted. While the acquittal
remains in force, A cannot afterwards be charged on the same facts with
theft as a servant or with theft simply or with criminal breach of trust.
(b) A is tried on a charge of murder and acquitted. There is no charge of robbery;
but it appears from the facts that A committed robbery at the time when the
murder was committed. A may afterwards be charged with and tried for
robbery.
(c) A is tried for causing grievous hurt and convicted. Afterwards, the person
injured dies of his or her injuries. A may be tried again for culpable
homicide.
(d) A is tried and convicted of the culpable homicide of B. A may not afterwards
be tried on the same facts for the murder of B.
(e) A is charged with and convicted of voluntarily causing hurt to B. A may not
afterwards be tried for voluntarily causing grievous hurt to B on the same
facts unless the case comes within subsection (3).

Plea of previous acquittal or conviction

245.—(1) The plea of previous acquittal or conviction may be made
orally or in writing and may be in the following form or to the
following effect:
2020 Ed. Criminal Procedure Code 2010 197

. “The accused person says that by virtue of Article 11(2) of the

Constitution or section 244 of the Criminal Procedure
Code 2010 the accused person is not liable to be tried.”.

(2) This plea may be made with any other plea, but the issue raised
by the plea must be tried and disposed of before the issues raised by
the other pleas are tried.
(3) When an issue is tried on a plea of a previous acquittal or
conviction, the record of proceedings of the former trial is admissible
as evidence to prove or disprove whether the accused person is being
tried again for the same offence or on the same facts for any other
offence.

Division 5 — Proceedings relating to persons of unsound mind

Interpretation of this Division
246. In this Division —
“designated medical practitioner”, in relation to any psychiatric
institution, has the meaning given by the Mental Health (Care
and Treatment) Act 2008;
“principal officer”, in relation to any psychiatric institution, has
the meaning given by the Mental Health (Care and
Treatment) Act 2008;
“psychiatric institution” has the meaning given by the Mental
Health (Care and Treatment) Act 2008.

Procedure if accused is suspected to be of unsound mind

247.—(1) When a court holding or about to hold any inquiry or trial
or any other proceeding, has reason to suspect that the accused is of
unsound mind and consequently incapable of making his or her
defence, the court must in the first instance investigate the fact of such
unsoundness.
(2) Such investigation may be held in the absence of the accused if
the court is satisfied that owing to the state of the accused’s mind, it
would be in the interests of the safety of the accused or of other
persons or in the interests of public decency that the accused should

31.12.2021
198 Criminal Procedure Code 2010 2020 Ed.

be absent, and the court may receive as evidence a certificate in

writing signed by a medical officer to the effect that the accused is in
the medical officer’s opinion of unsound mind or is a proper person to
be detained for observation and treatment in a psychiatric institution,
or the court may, if it sees fit, take oral evidence from a medical
officer on the state of mind of the accused.
(3) If the court, on its own motion or on the application of the Public
Prosecutor, is not satisfied that the person is capable of making his or
her defence, the court must postpone the inquiry or trial or other
proceeding and must order that person to be remanded for
observation in a psychiatric institution for a period not exceeding
one month.
(4) A designated medical practitioner must keep the accused under
observation and provide any necessary treatment during the accused’s
remand and, before the expiry of that period, must certify in writing to
the court his or her opinion as to the accused’s state of mind and if he
or she is unable within that period to form any conclusion, must so
certify to the court and must ask for a further remand, which may
extend to a period of 2 months.
[33/2012]

Certificate of designated medical practitioner

248.—(1) If the designated medical practitioner certifies that the
accused is of sound mind and capable of making his or her defence,
the court must, unless satisfied to the contrary, proceed with the
inquiry or trial or other proceeding.
[33/2012]

(2) If the designated medical practitioner certifies that the accused

is of unsound mind and incapable of making his or her defence, the
court must, unless satisfied to the contrary, find accordingly, and
thereupon the inquiry or trial or other proceeding must be stayed but
if the court is satisfied that the accused is of sound mind and capable
of making his or her defence, the court must proceed with the inquiry
or trial or other proceeding, as the case may be.
[33/2012]

(3) The determination of the issue as to whether or not the accused

is of unsound mind and incapable of making his or her defence is, if
2020 Ed. Criminal Procedure Code 2010 199
the finding is that the accused is of sound mind and capable of making
his or her defence, deemed to be part of his or her trial before the
court.
(4) The certificate of the designated medical practitioner is
admissible as evidence under this section.
[33/2012]

(5) If the accused is certified to be of unsound mind and incapable

of making his or her defence, it is not necessary for the accused to be
present in court during proceedings under this section and the accused
may be detained in a psychiatric institution pending an order under
section 249.

Release of person of unsound mind pending investigation or

trial
249.—(1) If an accused is found to be of unsound mind and
incapable of making his or her defence, and if the offence charged is
bailable, the court may release the accused on sufficient security
being given that —
(a) he or she will be properly taken care of;
(b) he or she will be prevented from injuring himself or herself
or any other person;
(c) he or she will appear in court when required or before such
officer as the court appoints for that purpose; and
(d) any other conditions that the court may determine will be
met.
(2) If the offence charged is not bailable or if sufficient security is
not given, the court must report the case to the Minister who may, in
his or her discretion, order the accused to be confined in a psychiatric
institution, or any other suitable place of safe custody and the court
must give effect to that order.
(3) Pending the order of the Minister under subsection (2), the
accused may be remanded for detention in a psychiatric institution,
prison or other suitable place of safe custody.

31.12.2021
200 Criminal Procedure Code 2010 2020 Ed.

Resumption of proceedings
250.—(1) When an inquiry or a trial or other proceeding is —
(a) postponed for the accused to be detained for observation in
a psychiatric institution under section 247; or
(b) stayed under section 248,
the court may at any time begin the inquiry or trial or other
proceeding afresh and require the accused to appear or be brought
before the court.
(2) If the accused has been released under section 249, the court
may require the accused to appear or be brought before it and may
again proceed under section 247.

Acquittal on ground of unsound mind

251. If an accused is acquitted by operation of section 84 of the
Penal Code 1871, the finding must state specifically whether he or
she committed the act or not.
[15/2019]

Safe custody of person acquitted

252.—(1) Whenever the finding states that the accused committed
the act alleged, the court before which the trial has been held must, if
that act would but for the incapacity found have constituted an
offence, order that person to be kept in safe custody in such place and
manner as the court thinks fit and must report the case for the orders
of the Minister.
(2) The Minister may order that person to be confined in a
psychiatric institution, prison or other suitable place of safe custody
during the President’s pleasure.

Visiting of prisoners of unsound mind

253.—(1) If a person is confined under section 249 or 252 in a
psychiatric institution, prison or other suitable place of safe custody,
2 of the visitors of a psychiatric institution may, subject to
subsection (2), visit the person to ascertain his or her state of mind.
2020 Ed. Criminal Procedure Code 2010 201
(2) The person confined under section 249 or 252 must be visited at
least once every 6 months and the visitors must make a special report
to the Minister as to the person’s state of mind.

Procedure when person of unsound mind is reported able to

make defence
254.—(1) If a person is confined under section 249 and is certified
by the principal officer and 2 of the visitors of the psychiatric
institution to be capable of making his or her defence, the court must
proceed with the inquiry or trial or other proceeding (as the case may
be) and the certificate is admissible as evidence.
[33/2012]

(2) Where after the trial is proceeded with against the person
mentioned in subsection (1) —
(a) the person is acquitted at the end of the trial; or
(b) the charge against the person is withdrawn at any time after
the commencement of the trial,
the court may, after due inquiry, send the person to a designated
medical practitioner at a psychiatric institution for treatment and the
person may thereafter be dealt with in accordance with the provisions
of the Mental Health (Care and Treatment) Act 2008.
(3) Where after the trial is proceeded with against the person
mentioned in subsection (1) —
(a) the person is convicted of an offence at the end of the trial;
(b) the person is acquitted at the end of the trial; or
(c) the charge against the person is withdrawn at any time after
the commencement of the trial,
any order made by the Minister under section 249(2) is deemed to
have lapsed.

Delivery of person of unsound mind to care of relative

255.—(1) If a relative or friend of a person confined under
section 249(2) or 252 wishes the person to be delivered to his or

31.12.2021
202 Criminal Procedure Code 2010 2020 Ed.

her care and custody, he or she may apply for this and give security to
the satisfaction of the Minister that —
(a) that person will be properly cared for;
(b) that person will be prevented from injuring himself or
herself or any other person;
(c) that person will be produced for inspection by the principal
officer at such time as the Minister directs; and
(d) the relative or friend of that person will be able to meet any
other conditions that the Minister may impose,
and if the Minister is so satisfied, the Minister may order the person to
be delivered to that relative or friend.
[33/2012]

(2) If a person is confined under section 249(2), the Minister may

further require the relative or friend to give security to the Minister’s
satisfaction that if at any time the Minister thinks the person is
capable of making his or her defence, the relative or friend will
produce the person for trial.
(3) Sections 253 and 256 apply with the necessary modifications to
a person delivered under this section.
(4) Even though a person confined under section 249(2) or 252 has
been delivered to a relative or friend of that person under
subsection (1), the Minister may, after receiving a special report
mentioned in section 253(2), order that the person be confined again
in a psychiatric institution or any other suitable place.

Procedure when person of unsound mind is reported fit for

discharge
256.—(1) If the principal officer and 2 visitors of the psychiatric
institution in which a person is confined under section 249(2) or 252
certify that in his or her or their judgment the person may be
discharged without danger of injuring himself or herself or any other
person, the Minister may order the person to be discharged, detained
in custody or in prison, or sent to a psychiatric institution if the person
has not already been sent there.
2020 Ed. Criminal Procedure Code 2010 203
(2) If the Minister orders the person to be sent to a psychiatric
institution, the Minister may appoint a commission consisting of a
Magistrate and 2 medical officers to make formal inquiry into the
person’s state of mind, taking such evidence as is necessary, and to
report to the Minister, who may order the discharge or detention of
the person as the Minister thinks fit.

PART 14
EVIDENCE AND WITNESSES
Division 1 — Preliminary
Interpretation of this Part
257. In this Part, “statement” includes any representation of fact,
whether made in words or otherwise.

Division 2 — Admissibility of certain types of evidence

Admissibility of accused’s statements
258.—(1) Subject to subsections (2) and (3), where any person is
charged with an offence, any statement made by the person, whether
it is oral or in writing, made at any time, whether before or after the
person is charged and whether or not in the course of any
investigation carried out by any law enforcement agency, is
admissible in evidence at the person’s trial; and if that person
tenders himself or herself as a witness, any such statement may be
used in cross-examination and for the purpose of impeaching that
person’s credit.
(2) Where a statement mentioned in subsection (1) is made by any
person to a police officer, no such statement may be used in evidence
if it is made to a police officer below the rank of sergeant.
(3) The court must refuse to admit the statement of an accused or
allow it to be used in the manner referred to in subsection (1) if the
making of the statement appears to the court to have been caused by
any inducement, threat or promise having reference to the charge
against the accused, proceeding from a person in authority and
sufficient, in the opinion of the court, to give the accused grounds

31.12.2021
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which would appear to the accused reasonable for supposing that by

making the statement the accused would gain any advantage or avoid
any evil of a temporal nature in reference to the proceedings against
the accused.
Explanation 1 — If a statement is obtained from an accused by a person in
authority who had acted in such a manner that his or her acts tend to sap and have in
fact sapped the free will of the maker of the statement, and the court is of the opinion
that such acts gave the accused grounds which would appear to the accused
reasonable for supposing that by making the statement, the accused would gain any
advantage or avoid any evil of a temporal nature in reference to the proceedings
against the accused, such acts will amount to a threat, an inducement or a promise (as
the case may be), which will render the statement inadmissible.
Explanation 2 — If a statement is otherwise admissible, it will not be rendered
inadmissible merely because it was made in any of the following circumstances:
(a) under a promise of secrecy, or in consequence of a deception practised
on the accused for the purpose of obtaining it;
(aa) where the accused is informed in writing by a person in authority of the
circumstances in section 33B of the Misuse of Drugs Act 1973 under
which life imprisonment may be imposed in lieu of death;
(b) when the accused was intoxicated;
(c) in answer to questions which the accused need not have answered
whatever may have been the form of those questions;
(d) where the accused was not warned that the accused was not bound to
make the statement and that evidence of it might be given against the
accused;
(e) where the recording officer or the interpreter of an accused’s statement
recorded under section 22 or 23 did not fully comply with that section;
or
(f) where an accused’s statement under section 22 or 23 is in writing, when
section 22(5) or 23(3B) (as the case may be) requires the statement to be
recorded in the form of an audiovisual recording.

[30/2012; 19/2018]

(4) If the statement mentioned in subsection (3) is made after the

impression caused by any such inducement, threat or promise
mentioned in that subsection has, in the opinion of the court, been
fully removed, it is admissible.
(4A) For the purposes of subsection (3), the making of a statement
by an accused is not to be regarded as caused by any inducement,
2020 Ed. Criminal Procedure Code 2010 205
threat or promise merely because a person in authority had earlier
informed the accused that the accused was required or legally bound
to give information under section 27 of the Prevention of Corruption
Act 1960, if that person believed in good faith, when so informing the
accused, that —
(a) the accused was concerned in an offence under that Act; or
(b) a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion
exists, that the accused was concerned in an offence under
that Act.
[19/2018]

(5) When 2 or more persons are tried jointly in any of the following
circumstances, and a confession made by one such person affecting
that person and any other such person is proved, the court may take
into consideration the confession as against the other person as well
as against the person who made the confession:
(a) all of those persons are tried jointly for the same offence;
(b) the proof of the facts alleged in the charge for the offence
for which one of those persons (A) is tried (excluding any
fact relating to any intent or state of mind on the part of A
necessary to constitute the offence for which A is tried)
would, for each of the rest of those persons, result in the
proof of the facts alleged in the charge for the offence for
which that person is tried (excluding any fact relating to
any intent or state of mind on the part of that person
necessary to constitute the offence for which that person is
tried);
(c) at least one of those persons is tried for an offence under
section 411, 412, 413 or 414 of the Penal Code 1871 in
respect of any property, and the rest of those persons are
tried for one or more of the offences of theft, extortion,
robbery, criminal misappropriation, criminal breach of
trust or cheating under Chapter 17 of the Penal Code 1871
in respect of the same property.
[19/2018]

31.12.2021
206 Criminal Procedure Code 2010 2020 Ed.

(5A) Despite subsection (5), the court may refuse to take into
consideration a confession as against a person (other than the maker
of the confession), if the prejudicial effect of the confession on that
person outweighs the probative value of the confession.
[19/2018]

(5B) In subsection (5), “offence” includes an abetment of, a

conspiracy to commit, or an attempt to commit, the offence.
. Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said “B and I
murdered C”. The court may consider the effect of this confession as
against B.
(b) A is on trial for the murder of C. There is evidence to show that C was
murdered by A and B and that B said “A and I murdered C”. This statement
may not be taken into consideration by the court against A as B is not being
jointly tried.
(c) A is charged with an offence of corruptly giving a gratification to B under
section 5(b) of the Prevention of Corruption Act 1960. B is charged with an
offence of corruptly receiving the same gratification from A under
section 5(a) of the Prevention of Corruption Act 1960. A and B are
jointly tried for those offences. If a confession made by A affecting both A
and B is proved, and the same facts are alleged in the charges against A and
B, the court may take into consideration the confession as against B, even
though A and B are charged with offences that have different elements.

[19/2018]

(6) Despite any other provision in this section —

(a) where a person is charged with any offence in relation to
the making or contents of any statement made by the
person to any officer of a law enforcement agency in the
course of any investigation carried out by the agency, that
statement may be used as evidence in the prosecution;
(b) any statement made by the accused in the course of an
identification parade may be used as evidence; and
(c) when any fact or thing is discovered in consequence of
information received from a person accused of any offence
in the custody of any officer of a law enforcement agency,
so much of such information as relates distinctly to the fact
or thing thereby discovered may be proved.
2020 Ed. Criminal Procedure Code 2010 207
(7) In this section, “confession”, in relation to any person who is
tried for an offence, means any statement made at any time by the
person stating or suggesting the inference that the person committed
that offence.

Admissibility of Case for the Defence

258A.—(1) Where any person is charged with an offence, the Case
for the Defence filed under section 163(1) or 215(1) by or on behalf of
that person —
(a) is admissible in evidence at that person’s trial (including
during the presentation of the prosecutor’s statement under
section 230(1)(d)); and
(b) if that person tenders himself or herself as a witness, may
be used in cross-examination and for the purpose of
impeaching that person’s credit.
[19/2018]

(2) When 2 or more persons are tried jointly in any of the following
circumstances, and the Case for the Defence filed under
section 163(1) or 215(1) by or on behalf of any such person affects
that person and any other such person, the court may take into
consideration that Case for the Defence as against the other person as
well as against the person by or on behalf of whom that Case for the
Defence was filed:
(a) all of those persons are tried jointly for the same offence;
(b) the proof of the facts alleged in the charge for the offence
for which one of those persons (A) is tried (excluding any
fact relating to any intent or state of mind on the part of A
necessary to constitute the offence for which A is tried)
would, for each of the rest of those persons, result in the
proof of the facts alleged in the charge for the offence for
which that person is tried (excluding any fact relating to
any intent or state of mind on the part of that person
necessary to constitute the offence for which that person is
tried);
(c) at least one of those persons is tried for an offence under
section 411, 412, 413 or 414 of the Penal Code 1871 in

31.12.2021
208 Criminal Procedure Code 2010 2020 Ed.

respect of any property, and the rest of those persons are

tried for one or more of the offences of theft, extortion,
robbery, criminal misappropriation, criminal breach of
trust or cheating under Chapter 17 of the Penal Code 1871
in respect of the same property.
[19/2018]

(3) Despite subsection (2), the court may refuse to take into
consideration a Case for the Defence as against a person (other than
the person by or on behalf of whom that Case for the Defence was
filed), if the prejudicial effect of that Case for the Defence on that
person outweighs the probative value of that Case for the Defence.
[19/2018]

(4) In subsection (2), “offence” includes an abetment of, a

conspiracy to commit, or an attempt to commit, the offence.
[19/2018]

Reference to certain documents in Case for the Prosecution

258B. Where any person is charged with an offence, any document
mentioned in section 162(1)(a), (b), (c) or (d) or 214(1)(a), (b) or (c),
which is contained in the Case for the Prosecution filed under
section 161(2) or 213(1) for the purposes of the trial of that person,
may be referred to during that trial as if that document is part of the
prosecutor’s statement under section 230(1)(d).
[19/2018]

Witness’s statement inadmissible except in certain

circumstances
259.—(1) Any statement made by a person other than the accused
in the course of any investigation by any law enforcement agency is
inadmissible in evidence, except where the statement —
(a) is admitted under section 147 of the Evidence Act 1893;
(b) is used for the purpose of impeaching the person’s credit in
the manner provided in section 157 of the Evidence
Act 1893;
(c) is made admissible as evidence in any criminal proceeding
by virtue of any other provisions in this Code or the
Evidence Act 1893 or any other written law;
2020 Ed. Criminal Procedure Code 2010 209
(d) is made in the course of an identification parade; or
(e) falls within section 32(1)(a) of the Evidence Act 1893.
(2) Where any person is charged with any offence in relation to the
making or contents of any statement made by the person to an officer
of a law enforcement agency in the course of an investigation carried
out by that officer, that statement may be used as evidence in the
prosecution.

Admissibility of report on first information made under

section 14 or 15
260.—(1) In any proceeding under this Code, if a police officer of
or above the rank of inspector certifies as a true copy a copy of a
report received or recorded under section 14(2) or (3) or 15(1), or of a
note made under section 14(5), the certified copy is admissible as
evidence of the original information and of the date, time and place at
which it was given.
(2) A court may require to be shown the original report or note.

Inferences from accused’s silence

261.—(1) Where in any criminal proceeding evidence is given that
the accused on being charged with an offence, or informed by a police
officer or any other person charged with the duty of investigating
offences that the accused may be prosecuted for an offence, failed to
mention any fact which the accused subsequently relies on in the
accused’s defence, being a fact which in the circumstances existing at
the time the accused could reasonably have been expected to mention
when so questioned, charged or informed (as the case may be), the
court may in determining —
(a) whether to commit the accused for trial;
(b) whether there is a case to answer; and
(c) whether the accused is guilty of the offence charged,
draw such inferences from the failure as appear proper; and the failure
may, on the basis of those inferences, be treated as, or as capable of
amounting to, corroboration of any evidence given against the
accused in relation to which the failure is material.

31.12.2021
210 Criminal Procedure Code 2010 2020 Ed.

(2) Subsection (1) does not —

(a) prejudice the admissibility in criminal proceedings of
evidence of the silence or other reaction of the accused in
the face of anything said in the accused’s presence relating
to the conduct for which the accused is charged, insofar as
evidence of this would be admissible apart from that
subsection; or
(b) preclude the drawing of any inference from any such
silence or other reaction of the accused which could be
drawn apart from that subsection.

Use of affidavits sworn by witnesses

262.—(1) Any affidavit made by a witness may be used in any
criminal court, if it is sworn —
(a) in Singapore, before any Judge, District Judge, Registrar,
Deputy Registrar or Magistrate or before any
commissioner for oaths appointed or deemed to have
been appointed under the Supreme Court of Judicature
Act 1969;
(b) elsewhere in the Commonwealth before any judge, court,
notary public or person lawfully authorised to administer
oaths; or
(c) in any other place, before any consul or vice-consul of
Singapore, Malaysia or the United Kingdom.
(2) The court must take judicial notice of the seal or signature (as
the case may be) of any judge, court, notary public, person, consul or
vice-consul appended or subscribed to any affidavit.

Report of qualified persons

263.—(1) A document, including any exhibits and annexures
identified in the document, which is presented as the report of a
qualified person concerning a matter or thing duly submitted to the
qualified person for examination, analysis or report, may be used as
evidence in any criminal proceeding under this Code, and the
qualified person need not be called as a witness unless the court or
2020 Ed. Criminal Procedure Code 2010 211
any of the parties requires that person to be examined orally or cross-
examined on the report.
(2) Qualified persons are by this Code bound to state the truth in
their reports.
(3) A report of a qualified person is admissible as prima facie
evidence of the facts stated in it.
(4) In this section, “qualified person” means a person specified by
the Minister by notification in the Gazette for the purposes of this
section.

Conditioned statements
264.—(1) Despite anything in this Code or in any other written law,
a written statement made by any person is admissible as evidence in
any criminal proceeding, to the same extent and to the same effect as
oral evidence given by the person, if the following conditions are
satisfied:
(a) the statement appears to be signed by the person who made
it;
(b) the statement contains a declaration by the person to the
effect that it is true to the best of the person’s knowledge
and belief and that the person made the statement knowing
that, if it were given in evidence, the person would be liable
to prosecution if the person stated in it anything the person
knew to be false or did not believe to be true;
(c) before the hearing at which the statement is given in
evidence, a copy of the statement is served, by or on behalf
of the party proposing to give it, on each of the other parties
to the proceedings;
(d) before or during the hearing, the parties agree to the
statement being tendered in evidence under this section;
(e) the court is satisfied that the accused is aware of this
section or is represented by an advocate during the criminal
proceeding.
[19/2018]

31.12.2021
212 Criminal Procedure Code 2010 2020 Ed.

(2) The following provisions also apply to any written statement

given in evidence under this section:
(a) if the statement is by a person below 21 years of age, it
must state his or her age;
(b) if it is made by a person who cannot read it, it must be read
to him or her before he or she signs it and must be
accompanied by a declaration by the person who read the
statement to him or her, stating that it was so read;
(c) if it refers to any other document as an exhibit, the copy of
the written statement must be accompanied by a copy of
that document or by information that will enable the party
on whom it is served to inspect that document or a copy of
it.
(3) Where in any criminal proceeding a written statement made by
any person is admitted in evidence under this section —
(a) the party by whom or on whose behalf a copy of the
statement was served may call the person to give evidence;
and
(b) the court may, of its own motion or on the application of
any party to the proceeding, require the person to attend
before the court and give evidence.
(4) Unless the court directs otherwise, so much of any statement as
is admitted in evidence under this section must be read aloud at the
hearing.
[19/2018]

(4A) Where the court directs under subsection (4) that any part of a
statement admitted in evidence under this section need not be read
aloud at the hearing, the court may also direct that an account be
given orally of the part of that statement that is not read aloud.
[19/2018]

(5) A document or an object referred to as an exhibit and identified

in a written statement given in evidence under this section must be
treated as if it had been produced as an exhibit and identified in court
by the maker of the statement.
2020 Ed. Criminal Procedure Code 2010 213
Statement recorded in form of audiovisual recording
264A.—(1) Despite anything in this Code or in any other written
law, a statement made by a person that is recorded in the form of an
audiovisual recording (called in this section a recorded statement) is
admissible as evidence in a criminal proceeding, to the same extent
and to the same effect as oral evidence given by the person, if —
(a) the criminal proceeding relates to an offence alleged to
have been committed against or in relation to the person;
(b) any of the following conditions is satisfied:
(i) the offence alleged to have been committed against
or in relation to the person is —
(A) a child abuse offence;
(B) an offence under section 28(2) of the Children
and Young Persons Act 1993, an abetment of, a
conspiracy to commit, or an attempt to commit,
that offence;
(C) a sexual offence;
(D) an offence under section 169(3) of the
Women’s Charter 1961, an abetment of, a
conspiracy to commit, or an attempt to commit,
that offence; or
(E) an offence under section 3(1) or (2) or 6(1) of
the Prevention of Human Trafficking
Act 2014, an abetment of, a conspiracy to
commit, or an attempt to commit, that offence;
(ii) both of the following apply:
(A) the offence alleged to have been committed
against or in relation to the person is an offence
under section 323, 323A, 324, 325, 326, 327,
328, 329, 330, 331, 334, 334A, 335, 335A,
335B, 336, 337 or 338 of the Penal Code 1871,
an abetment of, a conspiracy to commit, or an
attempt to commit, that offence;

31.12.2021
214 Criminal Procedure Code 2010 2020 Ed.

(B) any of the following applies:

(BA) the person is below 16 years of age;
(BB) the person is suffering from a mental
disability;
(BC) the person is a domestic worker, and the
offence is alleged to have been
committed by the employer of the
person or by a member of the
employer’s household;
(BD) the offence alleged to have been
committed against or in relation to the
person is one to which section 73, 74A,
74B, 74C or 74D of the Penal
Code 1871 applies;
(iii) all of the following apply:
(A) the offence alleged to have been committed
against or in relation to the person is any other
offence;
(B) any of the following applies:
(BA) the person is below 16 years of age;
(BB) the person is suffering from a mental
disability;
(BC) the person is a domestic worker, and the
offence is alleged to have been
committed by the employer of the
person or by a member of the
employer’s household;
(BD) the offence alleged to have been
committed against or in relation to the
person is one to which section 73, 74A,
74B, 74C or 74D of the Penal
Code 1871 applies;
2020 Ed. Criminal Procedure Code 2010 215
(C) the court grants leave for the recorded
statement to be admitted in evidence;
(c) in a case where the person is below 21 years of age, the
recorded statement states the person’s age; and
(d) in a case where the recorded statement is to be used in lieu
of oral evidence given by the person as evidence-in-chief
in the criminal proceeding, the person has confirmed in the
recorded statement that what the person states in the
recorded statement is true.
[19/2018; 15/2019]

(2) Where a recorded statement is admissible as evidence in a

criminal proceeding under subsection (1), a transcript of the
audiovisual recording of the recorded statement is also admissible
as evidence in the criminal proceeding, to the same extent and to the
same effect as the recorded statement.
[19/2018]

(3) Where in any criminal proceeding a recorded statement of a

person, or a transcript of the audiovisual recording of a recorded
statement of a person, is admitted in evidence under this section, the
court may, of its own motion or on the application of any party to the
proceeding, require the person to attend before the court and give
evidence.
[19/2018]

(4) Unless the court directs otherwise —

(a) the audiovisual recording of so much of a recorded
statement as is admitted in evidence under this section
must be displayed at the hearing; and
(b) so much of a transcript as is admitted in evidence under this
section must be read aloud at the hearing.
[19/2018]

(5) Where the court directs under subsection (4) that any part of the
audiovisual recording of a recorded statement admitted in evidence
under this section need not be displayed at the hearing, the court may
also direct that an account be given orally of the part of the
audiovisual recording that is not displayed.
[19/2018]

31.12.2021
216 Criminal Procedure Code 2010 2020 Ed.

(6) Where the court directs under subsection (4) that any part of a
transcript admitted in evidence under this section need not be read
aloud at the hearing, the court may also direct that an account be
given orally of the part of the transcript that is not read aloud.
[19/2018]

(7) Where a document or an object is referred to as an exhibit and

identified in a recorded statement of a person, or in a transcript of the
audiovisual recording of a recorded statement of a person, and the
recorded statement or transcript (as the case may be) is admitted in
evidence under this section, the document or object must be treated as
if the document or object had been produced as an exhibit and
identified in court by the person.
[19/2018]

(8) Where a document is referred to as an exhibit in a recorded

statement, or in a transcript of the audiovisual recording of a recorded
statement, and the recorded statement or transcript (as the case may
be) is admitted in evidence under this section, the prosecution
must —
(a) serve a copy of that document on the defence; or
(b) allow the defence to inspect that document or a copy of that
document.
[19/2018]

(9) In this section, “domestic worker” and “member of the

employer’s household” have the meanings given by section 73(4)
of the Penal Code 1871.
[15/2019]

When evidence of past possession of stolen property allowed

265. Where proceedings are taken against a person for having
received goods knowing them to be stolen or for having in the
person’s possession stolen property, evidence may be given at any
stage of the proceedings that there was found in the person’s
possession other property stolen within the preceding 12 months; and
such evidence may be taken into consideration when proving that the
person knew that the property which is the subject of the proceedings
was stolen.
2020 Ed. Criminal Procedure Code 2010 217
When evidence of previous conviction allowed
266.—(1) Where —
(a) proceedings are taken against a person for having received
goods knowing them to be stolen or for having in the
person’s possession stolen property; and
(b) evidence is given that the stolen property was found in the
person’s possession,
then, if the person has been convicted of an offence involving fraud or
dishonesty within the 5 years immediately preceding, evidence of that
previous conviction may be given and may be taken into
consideration when proving that the accused knew that the
property in the accused’s possession was stolen.
(2) The accused must be given at least 7 days’ written notice that
proof will be given of the previous conviction under subsection (1).
(3) For the purposes of subsection (1), the previous conviction of
the accused need not be entered in the charge.

Proof by formal admission

267.—(1) Subject to this section, any fact of which oral evidence
may be given in any criminal proceedings may be admitted for the
purpose of those proceedings by or on behalf of the Public Prosecutor
or the accused, and the admission by any party of any such fact under
this section is, as against that party, conclusive evidence in those
proceedings of the fact admitted.
(2) An admission under this section —
(a) may be made before or at the proceedings;
(b) if made otherwise than in court, must be in writing;
(c) if made in writing by an individual, must purport to be
signed by the person making it and, if so made by a body
corporate, limited liability partnership, partnership or
unincorporated association, must purport to be signed by
a duly authorised representative of that body corporate,
limited liability partnership, partnership or unincorporated
association, as the case may be;

31.12.2021
218 Criminal Procedure Code 2010 2020 Ed.

(d) if made on behalf of an accused who is an individual, must

be made by his or her advocate; and
(e) if made before the trial by an accused who is an individual,
must be approved by his or her advocate before or at the
proceedings in question.
(3) An admission under this section for the purpose of proceedings
relating to any matter is treated as an admission for the purpose of any
subsequent criminal proceedings relating to that matter, including any
appeal or retrial.
(4) An admission under this section may with the leave of the court
be withdrawn in the proceedings for which it is made or any
subsequent criminal proceedings relating to the same matter.

Hearsay evidence in criminal proceedings

268. In any criminal proceedings, a statement is admissible as
evidence of any fact stated therein to the extent that it is so admissible
by this Code, the Evidence Act 1893, or any other written law.
269. to 277. [Repealed by Act 4 of 2012]

Notice of alibi
278.—(1) In any trial, the accused may not, without the leave of the
court, offer evidence in support of an alibi unless the accused gives
notice of particulars of the alibi.
(2) Without affecting subsection (1), the accused may not call a
witness to give such evidence without the leave of the court unless the
following conditions apply:
(a) the notice under subsection (1) includes the name and
address of the witness or, if the accused does not know the
name or address at the time the accused gives the notice,
any information the accused has that might help find the
witness;
(b) if the name or the address is not included in that notice, the
court is satisfied that the accused, before giving the notice,
took and continued taking all reasonable steps to find out
the name or address;
2020 Ed. Criminal Procedure Code 2010 219
(c) if the name or the address is not included in that notice, but
the accused later discovers the name or address or receives
other information that might help to find the witness, the
accused immediately gives notice of the name, address or
other information, as the case may be;
(d) if the accused is notified by, or on behalf of, the Public
Prosecutor that the witness has not been traced by the name
or at the address given, the accused gives notice
immediately of the information the accused has or later
receives.
(3) Subject to any directions by the court as to the time it is to be
given, evidence to disprove an alibi may be given before or after
evidence in support of the alibi.
(4) Unless the contrary is proved, a notice offered under this section
on behalf of the accused by the accused’s advocate is regarded as
having been given with the accused’s authority.
(5) A notice under subsection (1) must either be given —
(a) to the court when the accused is first charged in court in
relation to the offence for which the accused is raising the
defence of an alibi; or
(b) in writing to the Public Prosecutor, or to the officer in
charge of the prison where the accused is kept for the
officer to forward to the Public Prosecutor, within 14 days
from the date the accused is charged in court for the first
time with the offence for which the accused is raising the
defence of an alibi.
(6) A notice under subsection (2)(c) or (d) must be given in writing
to the Public Prosecutor.
(7) A notice required by this section to be given to the Public
Prosecutor may be delivered to the Public Prosecutor, or left at his or
her office, or sent in a registered letter addressed to the Public
Prosecutor at his or her office.
(8) If the Public Prosecutor or any officer of a law enforcement
agency interviews any witness who is named in a notice given under

31.12.2021
220 Criminal Procedure Code 2010 2020 Ed.

this section, the accused or the accused’s advocate is entitled to be

present at the interview.
(9) The court may not refuse leave under this section if no advocate
appears to have been instructed to act for the accused at any time
before the accused’s trial and if it is satisfied that the accused was
unaware of the provisions of this section.
(10) In this section, “evidence in support of an alibi” means
evidence tending to show that because the accused was present at a
place or in an area at a certain time the accused was not, or was
unlikely to have been, at the place where the offence was committed
at the relevant time.

Division 3 — Ancillary hearing

Procedure to determine admissibility of evidence
279.—(1) Subject to this Code and any other written law relating to
the admissibility of evidence, where any party objects to the
admissibility of any statement made by that party or any other
evidence which the other party to the case intends to tender at any
stage of the trial, the court must determine it separately at an ancillary
hearing before continuing with the trial.
Illustrations
(a) Evidence is to be given of a tape recording that is said to be of a conversation
between X and Y. There is an objection that the tape has been tampered with.
The court must hold an ancillary hearing to determine its admissibility.
(b) X is accused of murdering Y and disposing of the body by dismembering it. The
prosecution seeks to offer evidence that X was involved in the murder of Z
where similar dismemberment was done. The defence objects to the admission
of such evidence. The court must hold an ancillary hearing to determine the
admissibility of the evidence.
(c) The prosecution seeks to admit the statement of the accused. The accused
alleges that the statement was given involuntarily as a result of a threat,
inducement or promise. The court must hold an ancillary hearing to determine
whether the statement was given voluntarily.
(d) The prosecution seeks to admit a statement of the accused, who denies that the
accused made it. No ancillary hearing is necessary as this does not relate to the
voluntariness of the statement.
2020 Ed. Criminal Procedure Code 2010 221

(e) X is accused of murdering Y. Z, a good friend of X, testifies that X told Z that X

had murdered Y, which is denied by X. As Z is not a person in authority, no
ancillary hearing is necessary as there is no issue of admissibility.

(2) In an ancillary hearing, any evidence adduced must be limited

only to the ancillary issue.
(3) The following procedure must be complied with at an ancillary
hearing:
(a) the party seeking to admit the evidence must produce the
party’s evidence on the ancillary issue;
(b) the party must then examine the party’s witnesses (if any)
and each of the witnesses may in turn be cross-examined
by the other party and every co-accused (as the case may
be), after which the first party may re-examine the
witnesses;
(c) after the party has concluded the party’s case, the court
must call on the other party to present the other party’s
evidence;
(d) when the other party is called on to present the other party’s
evidence, the other party must examine the other party’s
witnesses (if any) and each of the witnesses may in turn be
cross-examined by the first party and every co-accused (as
the case may be), after which the witnesses may be
re-examined;
(e) an accused may apply to the court to issue process for
compelling the attendance of any witness and the
production of any exhibit in court, whether or not the
witness has previously been examined in the case, for the
purpose of examination or cross-examination;
(f) the court must issue process unless it considers that the
application made under paragraph (e) should be refused
because it is frivolous or vexatious or made to delay or
frustrate justice and in such a case the court must record the
reasons for the order;

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(g) before summoning any witness pursuant to an application

under paragraph (e), the court may require that the
reasonable expenses incurred by the witness in attending
the trial be deposited in court by the defence;
(h) at the close of the other party’s case, whether or not
evidence has been adduced in accordance with section 283,
the first party has the right to call a person as a witness or
recall and re-examine a person already examined, for the
purpose of rebuttal, and the witness may be
cross-examined by the other party and every co-accused,
after which the first party may re-examine the witness;
(i) at the close of the other party’s case, the first party may
sum up the first party’s case;
(j) the first party has the final right of reply on the whole case;
(k) before proceeding with the main trial, the court must make
a ruling on the admissibility of the statement or the other
evidence which has been objected to by any party to the
proceedings.
(4) Where a witness, other than an accused, is giving evidence for
the prosecution or the defence, the court may, on the application of
either party, interpose that witness with any other witness if the court
is of the view that there are good reasons to do so.
(5) If any evidence has been given in any ancillary hearing relating
to the statement or the other evidence which has been objected to by
any party to the proceedings, any such evidence which is relevant for
the purposes of the main trial is admissible without the need to recall
any of the witnesses to give evidence.
(6) The court may, in the interests of justice, allow any witness who
has testified at the ancillary hearing to be recalled during the trial for
examination or cross-examination by the prosecution or the defence,
as the case may be.
(7) If the court, after hearing evidence in the main trial, is doubtful
about the correctness of its earlier decision whether or not to admit
the evidence at the ancillary hearing, it may call on the prosecution
and the defence to make further submissions.
2020 Ed. Criminal Procedure Code 2010 223
(8) If the court, after hearing any submissions, decides to reverse its
earlier decision in admitting the evidence, it must disregard such
evidence when determining whether or not to call for the defence or
when determining the guilt or otherwise of the accused.
(9) If the court, after hearing any submissions, decides to reverse its
earlier decision in not admitting the evidence, such evidence may be
admitted in court for the purpose of determining whether or not to call
for the defence or when determining the guilt or otherwise of the
accused.

Division 4 — Special provisions relating to

recording or giving of evidence
[19/2018]

Power of Magistrate to record statements

280.—(1) A Magistrate may record a statement made to him or her
at any time before a trial begins.
(2) The statement must be recorded in full, and a question asked by
the Magistrate and the answer given to him or her must be clearly
shown as being a question and answer.
(3) The Magistrate must not record the statement if, on questioning
the person making it, the Magistrate does not believe it was made
voluntarily.
(4) The Magistrate must make a note at the foot of this record as
follows:
. “I believe that this statement was voluntarily made. It was
taken in my presence and hearing, and was read over to the
person making it. The maker of the statement has admitted that
it is correct and contains a full and true account of what he/she
said.
(Signed) A.B.
Magistrate”.

(5) If the person making the statement does not understand English,
the proceedings must be interpreted for the person in his or her own

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language or in a language he or she understands, and the note

mentioned in subsection (4) must be signed by the Magistrate and by
the interpreter.
(6) Taking and recording a statement disqualifies the Magistrate
who has taken and recorded it from trying the case.
(7) If an accused’s confession recorded under this section is
presented to a court as evidence, but the court finds that the
Magistrate recording the statement did not fully comply with this
section, it must take evidence as to whether the accused duly made the
statement recorded and, if it is satisfied of that, it must admit the
statement in evidence if the error has not prejudiced the accused’s
defence on the merits.

Evidence through video or television links

281.—(1) Despite any provision of this Code or of any other
written law, but subject to the provisions of this section, the court may
allow the evidence of a person in Singapore (except the accused) to be
given through a live video or live television link in any trial, inquiry,
appeal or other proceedings if —
(a) the witness is below 18 years of age;
(b) the offence charged is an offence specified in
subsection (2);
(c) the court is satisfied that it is in the interests of justice to do
so; or
(d) the Minister certifies that it is in the public interest to do so.
[30/2019]

(2) The offences for the purposes of subsection (1)(b) are —

(a) an offence that involves an assault on or injury or a threat
of injury to persons, including an offence under
sections 319 to 338 of the Penal Code 1871;
(aa) an offence under section 356, 357 or 358 of the Penal
Code 1871;
(b) a child abuse offence;
2020 Ed. Criminal Procedure Code 2010 225
(c) an offence under section 28(2) of the Children and Young
Persons Act 1993;
(ca) an offence punishable under the Organised Crime
Act 2015;
(d) a sexual offence;
(da) an offence under section 169(3) of the Women’s
Charter 1961; and
(e) any other offence that the Minister may, after consulting
the Chief Justice, prescribe.
[26/2015; 19/2018; 15/2019]

(2A) Where a psychiatrist or psychologist has prepared a report on

how a witness may be affected if the witness is required to give
evidence in the presence of the accused, and that report is placed
before the court, the court must consider that report before deciding
whether to allow under subsection (1) the evidence of the witness to
be given through a live video or live television link.
[19/2018]

(3) Despite any provision of this Code or of any other written law,
unless the court directs otherwise, while an accused is in remand in
Singapore, the accused is to appear before the court through a live
video or live television link in any of the following proceedings:
(a) proceedings for an application for bail or release on
personal bond at any time after the accused is first
produced before a Magistrate pursuant to Article 9(4) of
the Constitution;
(b) proceedings for an extension of the remand of the accused
under section 238;
(c) proceedings for a State Court to record a plea of guilty
from the accused, and to convict the accused;
(d) proceedings in a State Court for the sentencing of the
accused, after the conviction of the accused in earlier
proceedings;

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(e) any other proceedings that the Minister may prescribe by

regulations under this section, after consulting the Chief
Justice.
[19/2018]

(4) Despite any provision of this Code or of any other written law
but subject to subsection (5), an accused who is not a juvenile may
appear before the court through a live video or live television link
while in remand in Singapore in proceedings for an application for
remand or for bail or for release on personal bond when the accused is
first produced before a Magistrate pursuant to Article 9(4) of the
Constitution.
(5) A court may, if it considers it necessary, either on its own
motion or on the application of an accused, require an accused to be
produced in person before it in proceedings mentioned in
subsection (4).
(6) In exercising its powers under subsection (1), (3) or (4), the
court may make an order on all or any of the following matters:
(a) the persons who may be present at the place with the
witness;
(b) that a person be kept away from the place while the witness
is giving evidence;
(c) the persons in the courtroom who must be able to be heard,
or seen and heard, by the witness and by the persons with
the witness;
(d) the persons in the courtroom who must not be able to be
heard, or seen and heard, by the witness and by the persons
with the witness;
(e) the persons in the courtroom who must be able to see and
hear the witness and the persons with the witness;
(f) the stages in the proceedings during which a specified part
of the order is to apply;
(g) the method of operation of the live video or live television
link system including compliance with such minimum
technical standards as the Chief Justice may determine;
2020 Ed. Criminal Procedure Code 2010 227
(h) any other order that the court considers necessary in the
interests of justice.
(7) The court may revoke, suspend or vary an order made under this
section if —
(a) the live video or live television link system stops working
and it would cause unreasonable delay to wait until a
working system becomes available;
(b) it is necessary for the court to do so to comply with its duty
to ensure fairness in the proceedings;
(c) it is necessary for the court to do so in order that the witness
can identify a person or a thing or so that the witness can
participate in or view a demonstration or an experiment;
(d) it is necessary for the court to do so because part of the
proceedings is being heard outside a courtroom; or
(e) there has been a material change in the circumstances after
the court has made the order.
(8) The court must not make an order under this section, or include
a particular provision in such an order, if to do so would be
inconsistent with its duty to ensure that the proceedings are conducted
fairly to all parties.
(9) An order made under this section does not cease to apply merely
because the person in respect of whom it was made reaches 18 years
of age before the proceedings in which it was made are finally
concluded.
[30/2019]

(10) When a witness gives evidence in proceedings through a live

video or live television link, the evidence is to be regarded for the
purposes of sections 193, 194, 195, 196 and 205 of the Penal
Code 1871 as having been given in those proceedings.
[15/2019]

(11) If a witness gives evidence in accordance with this section, for

the purposes of this Code and the Evidence Act 1893, the witness is
regarded as giving evidence in the presence of the court and the
accused, as the case may be.

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(12) In subsections (6), (10) and (11), a reference to “witness”

includes a reference to an accused who appears before a court through
a live video or live television link under subsection (3) or (4).
(13) The Chief Justice may make such rules as appear to the Chief
Justice to be necessary or expedient to give effect to this section and
for prescribing anything that may be prescribed under this section.

Measures to prevent witness from seeing accused

281A.—(1) Despite any provision of this Code or any other written
law, but subject to this section, the court may make an order allowing
a witness to give evidence while prevented by a shielding measure
from seeing the accused, if —
(a) the witness is below 18 years of age;
(b) the witness is the alleged victim of a sexual offence or child
abuse offence that the accused is charged with; or
(c) the court is satisfied that —
(i) either or both of the following apply:
(A) the witness is afraid of the accused, or of giving
evidence in the presence of the accused;
(B) the witness will be distressed if the witness is
required to give evidence in the presence of the
accused; and
(ii) the reliability of the witness’ evidence will be
diminished by such fear or distress, as the case
may be.
[19/2018; 30/2019]

(2) The shielding measure must not prevent the witness from being
able to see, and to be seen by, any of the following:
(a) the court;
(b) the prosecutor;
(c) any advocate representing the accused;
2020 Ed. Criminal Procedure Code 2010 229
(d) any interpreter or other person appointed to assist the
witness.
[19/2018]

(3) An order under subsection (1) does not cease to apply merely
because the witness in respect of whom the order was made reaches
16 years of age before the proceedings in which the order was made
are finally concluded.
[19/2018]

(4) If a witness gives evidence in accordance with this section, for

the purposes of this Code and the Evidence Act 1893, the witness is
regarded as giving evidence in the presence of the accused.
[19/2018]

(5) In this section, “shielding measure” means a screen or any other

arrangement in a courtroom that prevents a witness from seeing the
accused.
[19/2018]

Evidence to be given in camera in certain cases

281B.—(1) Despite any provision of any other written law but
subject to subsection (2), in any case where the accused is charged
with a sexual offence or child abuse offence, the court must order that
the evidence of a witness be given in camera, if —
(a) the witness is the alleged victim of that offence; and
(b) the witness does not elect to give evidence in an open and
public court to which the public generally may have
access.
[19/2018]

(2) Subsection (1) does not apply to a matter or proceeding if —

(a) any other written law requires the matter or proceeding to
be heard in camera; or
(b) the court has ordered, under any other written law, that the
matter or proceeding be heard in camera.
[19/2018]

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Division 5 — Witnesses
Attendance of prisoner as witness
282.—(1) Where the presence of any person detained in a prison in
Singapore is required in any court, that court may issue a warrant
addressed to the officer in charge of the prison requiring the officer to
produce that person before the court in proper custody at the time and
place named in the warrant and from time to time if the hearing is
adjourned.
(2) The officer in charge of the prison must have the person named
in the warrant brought to court as directed and must arrange for the
person’s safe custody during his or her absence from prison.
(3) A warrant must bear the seal of the court and be signed by the
Registrar of the Supreme Court, Registrar of the State Courts, District
Judge or Magistrate, as the case may be.
[5/2014]

Power of court to summon and examine persons

283.—(1) A court may, on its own motion or on the application of
the prosecution or the defence, at the close of the case for the defence,
or at the end of any proceeding under this Code, summon a person as
a witness or examine a person in attendance as a witness, whether or
not summoned, or recall and re-examine a person already examined.
(2) The court must summon and examine or recall and re-examine
such a person if it thinks the person’s evidence is essential to making a
just decision in the case.
(3) The exercise by a court of its power under subsection (1) is not a
ground for appeal, or for revision, unless the appellant or the
applicant (as the case may be) shows that the examination has led to a
failure of justice.

When person bound to give evidence intends to leave Singapore

284.—(1) If a court is satisfied that any witness subject to a bond or
is otherwise bound or about to be bound to give evidence in a trial
intends to leave Singapore and that the ends of justice would probably
be defeated if that person were not present at the trial to give
evidence, it may, upon the application of the Public Prosecutor or
2020 Ed. Criminal Procedure Code 2010 231
accused, commit that person to prison until the trial or until that
person gives satisfactory security that he or she will give evidence at
the trial, or complies with any other conditions that may be imposed
by the court.
(2) Before making the order, the court must be satisfied that the
party making the application has made adequate provision for the
person’s maintenance and for compensating the person for his or her
detention and loss of time.

Recording of evidence
285. Except as otherwise expressly provided, in proceedings under
this Code, the evidence of the witnesses must be recorded in the
manner set down by this Part.

Manner of recording evidence

286.—(1) The evidence given in any proceeding under this Code
must be recorded by the court in writing or in any other suitable form
of recording that can reduce the evidence to a readable form.
(2) Evidence recorded in writing or, if it is not recorded in writing,
the transcript of the evidence recorded, must be in English and signed
by the judge hearing the case; and forms part of the record.
(3) Evidence recorded under this section may be taken down in the
form of question and answer or in the form of a narrative, as the court
thinks fit.
287. [Repealed by Act 19 of 2018]

Interpretation of evidence to accused

288.—(1) Where evidence is given in a language not understood by
the accused and he or she is present in person, it must be interpreted
for him or her immediately in a language which the court is satisfied
he or she understands.
(2) Where documents are put in for the purpose of formal proof, the
court may choose to interpret for the accused as much of them as
appears necessary.

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Remarks as to demeanour of witness

289. During or after the recording of the evidence in the course of
any proceeding under this Code, the court hearing the proceeding
may record any remarks that it thinks material about the demeanour
of the witness while under examination.

How previous conviction or acquittal may be proved

290.—(1) In any inquiry, trial or other proceeding under this Code,
a previous conviction or acquittal or any order of court relevant to the
case may be proved, in addition to any other way provided by law —
(a) by an extract certified to be a copy of the sentence or order
by the officer who has custody of the records of the court in
which that conviction, acquittal or order was carried out,
whether in Singapore or elsewhere; or
(b) alternatively —
(i) in the case of a previous conviction in Singapore,
either by a certificate signed by the officer who has
custody of the records of the prison in Singapore in
which the punishment or any part of it was inflicted,
or by production of the warrant of commitment under
which the punishment was suffered; or
(ii) in the case of a previous conviction elsewhere, either
by a certificate signed by the officer in charge of the
prisons in that place in which the punishment or any
part of it was inflicted, or by production of the
warrant of commitment under which the punishment
was suffered,
together with evidence as to the identity of the accused and the person
so convicted or acquitted or against whom the order was made.
(2) The certificate mentioned in subsection (1)(b) purporting to be
signed by the officer who has custody of the records of the prison in
Singapore or elsewhere is to be admitted in evidence on its production
by the prosecution without proof of signature and, until the contrary is
proved, is proof of all matters contained therein.
2020 Ed. Criminal Procedure Code 2010 233
Accused not to give evidence except on oath or affirmation
291.—(1) In all criminal proceedings, the accused may not give
evidence except on oath or affirmation, and if the accused does so, the
accused is liable to cross-examination.
[19/2018]

(2) An accused who is not represented by an advocate has the right

to address the court without being sworn or affirmed in circumstances
where, if the accused were so represented, the advocate could address
the court on the accused’s behalf.
(3) If an accused —
(a) after being called by the court to give evidence or after the
accused or the advocate representing the accused has
informed the court that the accused will give evidence,
refuses to be sworn or affirmed; or
(b) having been sworn or affirmed, without good cause refuses
to answer any question,
the court, in deciding whether the accused is guilty of the offence,
may draw such inferences from the refusal as appear proper.
(4) This section does not compel the accused to give evidence on
the accused’s own behalf, and the accused will not be guilty of
contempt of court if the accused refuses to be sworn or affirmed in the
circumstances of subsection (3)(a).
(5) For the purposes of this section, an accused who, having been
sworn or affirmed, refuses to answer a question is taken to do so
without good cause unless —
(a) the accused is entitled to refuse to answer by section 122(4)
of the Evidence Act 1893 or another written law or on the
ground of privilege; or
(b) the court excuses the accused from answering it.
(6) Subsection (3) does not apply to an accused if it appears to the
court that the accused’s physical or mental condition makes it
undesirable for him or her to be called on to give evidence.

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Procedure when accused does not understand proceedings

292.—(1) If an accused, though not of unsound mind, cannot
understand or be made to understand the proceedings, the court may
proceed with the trial.
[19/2018]

(2) For all courts other than the General Division of the High Court,
if the trial results in a conviction, then the court must forward the
proceedings to the General Division of the High Court with a report
of the circumstances of the case and the General Division of the High
Court must make such order or pass such sentence as it thinks fit.
[19/2018; 40/2019]

Record of evidence in absence of accused

293.—(1) If it is proved that an accused has absented himself or
herself so that there is no immediate prospect of arresting him or her,
the court competent to try the accused may, in the accused’s absence,
examine any witnesses produced on the prosecution’s behalf and
record their depositions.
(2) These depositions may, on the arrest of the accused, be given in
evidence against him or her at the trial for the relevant offence, if the
deponent is dead or incapable of giving evidence or the deponent’s
attendance cannot be procured without unreasonable delay, expense
or inconvenience.
[19/2018]

(3) If it appears that an offence punishable with death or with

imprisonment for life has been committed by some person or persons
unknown, a Magistrate’s Court may hold an inquiry and examine any
witnesses who can give evidence concerning the offence.
(4) Any deposition so taken under subsection (3) may be given in
evidence against any person who is subsequently accused of the
offence if the deponent is dead or incapable of giving evidence or is
outside Singapore.
2020 Ed. Criminal Procedure Code 2010 235
Procedure when prospective witness is ill
294.—(1) Where it appears to a Magistrate that a person able to
give material evidence for the prosecution or defence concerning any
offence is so dangerously ill that it is not practicable to take the
person’s evidence according to the usual course of law, any
Magistrate may take the deposition of that person provided that
reasonable notice has been given to the prosecutor and the accused of
the Magistrate’s intention to take it and of when and where the
Magistrate intends to take it.
(2) If the accused is in custody, a Judge or a Magistrate may order
the officer in charge of the prison to, and the officer must, take the
accused to the place and at the time notified.
(3) Where it is proved at the trial of the accused that the deponent is
dead, or that the deponent cannot attend for any sufficient reason, the
deposition may be read even though the accused was absent when it
was taken if the court trying the case is satisfied that —
(a) the deponent was at the time of his or her examination so
dangerously ill as mentioned in subsection (1);
(b) the deposition was duly taken at the place and time
notified; and
(c) reasonable notice of the intention to take it was given to the
person against whom it is tendered in evidence so that the
person or the person’s advocate might have been present
and might have had, if he or she had chosen to be present,
full opportunity of cross-examination.

Taking of evidence before trial

295.—(1) Subject to subsection (2), where an application is made
by the Public Prosecutor or the accused to a court for the evidence of a
witness to be taken at any time before the date on which a criminal
matter is fixed for trial, the court is to take the evidence of the witness
appearing before it.
(2) An application under subsection (1) can only be made if it is
shown with respect to the witness that it is not reasonably practicable
to secure the witness’s attendance at the time fixed for the trial.

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(3) The proceeding under this section must be conducted in the

presence of the accused and co-accused, if any.
(4) The witness called by a party to give evidence in the proceeding
under this section may be cross-examined by any other party to the
proceeding, after which the witness may be re-examined by the party
calling the witness to give evidence.
(5) Any statement of a witness taken in proceedings under this
section may be given in evidence in any trial under this Code
(whether or not by the same judge hearing the proceedings) although
the person is not called as a witness.

Deposition of medical witness

296. If the court is satisfied that grave inconvenience would
otherwise be caused, it may, if it thinks fit, allow the deposition of a
medical officer of the Government or other medical witness taken and
attested by a Magistrate in the presence of the accused to be given in
evidence in any trial under this Code, although the deponent is not
called as a witness.

Deposition of certain other witnesses

297. Whenever, at a committal hearing under Division 2 of Part 10
as in force immediately before 17 September 2018, the evidence of
any witness has been taken for the purpose of proving the custody or
disposal of any matter or thing forwarded in the course of the inquiry
to any public officer for examination or analysis or report, or of
proving the custody or disposal of any instrument, weapon, matter or
thing used in or for the commission of any offence, or of proving the
accuracy of any plan or survey made or photograph taken by that
witness for the purpose of the case, the General Division of the High
Court may, if it thinks fit, allow the deposition of that witness, taken
and attested by an examining Magistrate in the presence of the
accused to be given in evidence in any trial before the General
Division of the High Court although the deponent is not called as a
witness.
[19/2018; 40/2019]
2020 Ed. Criminal Procedure Code 2010 237
PART 15
JUDGMENT
Mode of delivering judgment
298.—(1) The court must deliver judgment in every criminal trial,
criminal appeal, case stated, criminal revision, criminal reference or
criminal motion in open court immediately after the trial, appeal, case
stated, criminal revision, criminal reference or criminal motion, or at
a later time of which due notice must be given to the parties or their
advocates.
(2) A judgment must be delivered either orally or by written
grounds of decision.
(3) Where a judgment is delivered by written grounds of decision,
the judgment may be delivered by pronouncing the court’s decision
with an oral summary of the written grounds, and giving a copy of the
written grounds to the parties or their advocates either on the date of
the court’s decision or at a later date.
(4) Where a trial judge had delivered judgment in any manner
referred to in subsection (2), the trial judge may, at any time before
the appeal is heard, give further grounds for his or her decision, which
may include grounds other than the grounds of decision given earlier
by the trial judge.
(5) Where an appellate court had delivered judgment orally, it may,
at a later date, give in writing the grounds of its decision, which may
include grounds other than the grounds of decision given earlier by
the appellate court.
(6) Where the appellate court comprises more than one judge, it
must ordinarily give only one judgment, which may be delivered by
the presiding judge or by such other member of the appellate court as
the presiding judge may direct.
(7) Separate judgments must be delivered if the presiding judge so
directs.
(8) The judgment of any judge who is absent may be delivered by
any other judge.

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(9) If the accused is in custody, the accused must be produced

before the court.
(10) If the accused is not in custody, the accused must attend to hear
judgment delivered except when the accused’s personal attendance
during the trial has been dispensed with and the sentence is one of fine
only.
(11) Where the court reserves judgment in a trial, appeal, case
stated, criminal revision, criminal reference or criminal motion, it
may grant bail to the accused, with or without sureties, and on such
terms and conditions as it thinks fit.

Procedure after judgment of appellate court

299.—(1) After hearing the appeal and delivering its judgment, the
appellate court must certify its judgment, sentence or order to the trial
court which recorded or passed the judgment, sentence or order
appealed against.
(2) Where an appeal is not dismissed, the certificate must state the
grounds on which the appellate court allowed the appeal or varied the
trial court’s decision.
(3) The trial court must then make orders that conform to the
appellate court’s judgment, sentence or order, and, if necessary,
amend the record accordingly.
(4) If the appellate court imposes a sentence of imprisonment on a
person who was not so sentenced by the trial court, the appellate court
must by warrant commit that person to prison in addition to anything
else it is required to do by this section and must certify accordingly to
the trial court.

Judgment in alternative
300. When a person is found guilty of one of several possible
offences under any written law, but it is doubtful which of those
offences the person is guilty of, the court must record a conviction in
the alternative, distinctly specifying those offences, and the offender
must be punished for the offence carrying the lowest punishment if
the same punishment is not provided for all.
2020 Ed. Criminal Procedure Code 2010 239
Judgment not to be altered
301.—(1) Where a court has delivered its judgment, it may rectify a
clerical error at any time, and any other error, including an error in the
exercise of its sentencing powers, may be rectified by the court by the
next working day after the delivery of the judgment.
Illustrations
(a) A Magistrate’s Court sentences an accused to 4 years’ imprisonment for an
offence of theft under section 380 of the Penal Code 1871. Insofar as a
Magistrate’s Court may only impose an imprisonment term not exceeding
3 years, the court had made an error. Such an error may be rectified by the court
by the next working day after the delivery of the judgment.
(b) A committed an offence under the Penal Code 1871 after the coming into force
of the Penal Code (Amendment) Act 2007. The Magistrate’s Court, however,
imposed a sentence on A based on the penalty provision in the Penal Code 1871
that was in force prior to the coming into force of the Penal Code (Amendment)
Act 2007 when it should have sentenced A based on the penalty provision as
amended by the Penal Code (Amendment) Act 2007. Such an error may be
rectified by the court by the next working day after the delivery of the
judgment.
(c) A District Court imposes caning on a man who committed an offence when he
was 54 years of age. Insofar as section 325 of this Code prohibits the court from
imposing caning on the man, the court had made an error. Such an error may be
rectified by the court by the next working day after the delivery of the
judgment.
(d) A District Court sentences an accused to one year’s imprisonment for an
offence of extortion by putting a person in fear of death or grievous hurt under
section 386 of the Penal Code 1871. Insofar as section 386 of that Code imposes
a mandatory minimum imprisonment term of 2 years, the court had made an
error. Such an error may be rectified by the court by the next working day after
the delivery of the judgment.

(2) To avoid doubt, any error resulting from a sentence imposed by

a court which it subsequently views as being too harsh or too lenient
is not an error within the meaning in subsection (1).

Judgment to be filed with record

302. The judgment must be entered on and, if written, filed with the
record of proceedings.

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240 Criminal Procedure Code 2010 2020 Ed.

PART 16
SENTENCES
Division 1 — Sentences in general
Sentences
303.—(1) The General Division of the High Court may pass any
sentence authorised by law.
[40/2019]

(2) Subject to this Code and any other written law, a District Court
may pass any of the following sentences:
(a) imprisonment not exceeding 10 years;
(b) fine not exceeding $30,000;
(c) caning not exceeding 12 strokes;
(d) any other lawful sentence, including a combination of the
sentences it is authorised by law to pass.
(3) Subject to this Code and any other written law, a Magistrate’s
Court may pass any of the following sentences:
(a) imprisonment not exceeding 3 years;
(b) fine not exceeding $10,000;
(c) caning not exceeding 6 strokes;
(d) any other lawful sentence, including a combination of the
sentences it is authorised by law to pass.

Presumptive minimum sentence

303A.—(1) This section applies where a presumptive minimum
sentence is prescribed for an offence under any written law, which is
denoted by the words “imprisonment for a presumptive minimum
term of not less than” or words to the same or similar effect.
[15/2019]

(2) The court must, unless subsection (3) applies, impose a sentence
that is equal to or greater than the presumptive minimum sentence
prescribed for that offence.
[15/2019]
2020 Ed. Criminal Procedure Code 2010 241
(3) Where the court is satisfied that by reason of exceptional
circumstances it would be unjust to impose on a first-time offender
the presumptive minimum sentence prescribed for an offence the
first-time offender is convicted of, the court must impose a sentence
of the same type of punishment but that is less than the presumptive
minimum sentence prescribed for that offence.
[15/2019]

(4) In any written law, unless the context requires otherwise, a

reference to a mandatory minimum sentence of imprisonment shall
include a reference to a presumptive minimum sentence mentioned in
subsection (1).
[15/2019]

(5) In this section, “first-time offender”, in relation to an offence,

means a person who does not fall within any of the following
descriptions:
(a) a person who had previously been sentenced to a term of
imprisonment for any offence, other than a term of
imprisonment served by him or her in default of
payment of a fine;
(b) a person who had previously been sentenced to reformative
training, corrective training or preventive detention, for
any offence;
(c) a person who had previously been detained or subject to
police supervision under section 30 of the Criminal Law
(Temporary Provisions) Act 1955;
(d) a person who had previously been admitted to an approved
institution under section 34 of the Misuse of Drugs
Act 1973 or to an approved centre under section 17 of
the Intoxicating Substances Act 1987.
Explanation.—The circumstances must be so exceptional as to make it unjust
to impose the presumptive minimum sentence for an offence and outweigh the
public interests in punishing the offender with the presumptive minimum
sentence. The mere presence of all or any of the following mitigating
circumstances will not be sufficient to constitute “exceptional circumstances”:
(a) the offender pleaded guilty to the offence;
(b) the offender is a first-time offender;

31.12.2021
242 Criminal Procedure Code 2010 2020 Ed.

(c) the offender is of previous good character.

[15/2019]

Corrective training and preventive detention

304.—(1) Where a person of 18 years of age or above —
(a) is convicted before the General Division of the High Court
or a District Court of an offence punishable with
imprisonment for 2 years or more, and has been
convicted in Singapore or elsewhere at least twice since
he or she reached 16 years of age for offences punishable
with such a sentence; or
(b) is convicted at one trial before the General Division of the
High Court or a District Court of 3 or more distinct
offences punishable with imprisonment for 2 years or
more, and has been convicted and sentenced in Singapore
or elsewhere to imprisonment for at least one month since
he or she reached 16 years of age for an offence punishable
with imprisonment for 2 years or more,
then, if the court is satisfied that it is expedient with a view to the
person’s reformation and the prevention of crime that the person
should receive training of a corrective character for a substantial
period of time, followed by a period of supervision if released before
the expiry of his or her sentence, the court, unless it has special
reasons for not doing so, must sentence him or her to corrective
training for a period of 5 to 14 years in lieu of any sentence of
imprisonment, or any sentence of imprisonment and fine.
[19/2018; 40/2019]

(2) Where a person 30 years of age or above —

(a) is convicted before the General Division of the High Court
or a District Court of an offence punishable with
imprisonment for 2 years or more, and has been
convicted in Singapore or elsewhere at least 3 times
since he or she reached 16 years of age for offences
punishable with such a sentence, and was on at least 2 of
2020 Ed. Criminal Procedure Code 2010 243
those occasions sentenced to imprisonment or corrective
training; or
(b) is convicted at one trial before the General Division of the
High Court or a District Court of 3 or more distinct
offences punishable with imprisonment for 2 years or
more, and has been convicted and sentenced in Singapore
or elsewhere to imprisonment for at least one month since
he or she reached 16 years of age for an offence punishable
with imprisonment for 2 years or more,
then, if the court is satisfied that it is expedient for the protection of
the public that the person should be detained in custody for a
substantial period of time, followed by a period of supervision if
released before the expiry of his or her sentence, the court, unless it
has special reasons for not doing so, must sentence him or her to
preventive detention for a period of 7 to 20 years in lieu of any
sentence of imprisonment, or any sentence of imprisonment and fine.
[19/2018; 40/2019]

(3) Before sentencing any offender to corrective training or

preventive detention, the court must call for and consider any
report submitted by the Commissioner of Prisons, or any person
authorised by the Commissioner of Prisons to submit the report on the
Commissioner’s behalf, on the offender’s physical and mental
condition and the offender’s suitability for such a sentence; and if
the court has not received such a report, it must remand the offender
in custody for a period or periods, not exceeding one month in the
case of any single period, to enable the report to be submitted.
[1/2014]

(4) The court must give a copy of any report submitted by the
Commissioner of Prisons to the offender or the offender’s advocate
and to the Public Prosecutor.
[1/2014]

(5) Where an offender who is sentenced under subsection (1) or (2)

is also convicted at the same trial of any offence other than an offence
punishable with imprisonment for 2 years or more, the court may, on
the application of the Public Prosecutor, instead of imposing any term
of imprisonment as may be prescribed for that offence, take into

31.12.2021
244 Criminal Procedure Code 2010 2020 Ed.

account that offence for the purposes of determining the period of

corrective training or preventive detention, as the case may be.
(6) A person sentenced to corrective training or preventive
detention must be detained in a prison for the term of his or her
sentence in accordance with the regulations made under section 428.

Reformative training
305.—(1) Where a person is convicted by a court of an offence
punishable with imprisonment and that person is, on the day of his or
her conviction —
(a) of or above 16 years of age but below 21 years of age; or
(b) of or above 14 years of age but below 16 years of age and
has, before that conviction, been dealt with by a court in
connection with another offence and had, for that offence,
been ordered to be sent to a juvenile rehabilitation centre
established under section 90 of the Children and Young
Persons Act 1993,
the court may impose a sentence of reformative training in lieu of any
other sentence if it is satisfied, having regard to his or her character,
previous conduct and the circumstances of the offence, that to reform
him or her and to prevent crime he or she should undergo a period of
training in a reformative training centre.
(2) Where a young person has been ordered by a Youth Court under
the Children and Young Persons Act 1993 to be brought before a
District Court, then the court must inquire into the circumstances of
the case and may —
(a) if satisfied that to reform the young person he or she should
undergo a period of training in a reformative training
centre, sentence him or her to reformative training instead
of any other sentence; or
(b) in any case, deal with the young person in the manner that
the Youth Court might have dealt with him or her.
[27/2014]

(3) Before imposing any sentence of reformative training, the court

must call for and consider any report submitted by the Commissioner
2020 Ed. Criminal Procedure Code 2010 245
of Prisons, or any person authorised by the Commissioner of Prisons
to submit the report on the Commissioner’s behalf, on the offender’s
physical and mental condition, the offender’s suitability for the
sentence, and the nature of the rehabilitation that is recommended for
the offender; and if the court has not received such a report, it must
remand the offender in custody for a period or periods, not exceeding
one month in the case of any single period, to enable the report to be
submitted.
[1/2014; 19/2018]

(4) The court must give a copy of any report submitted by the
Commissioner of Prisons to the offender or the offender’s advocate
and to the Public Prosecutor.
[1/2014]

(5) A person sentenced to reformative training must be detained in

accordance with the regulations made under section 428.
(6) A sentence of reformative training must specify, as the
minimum period of detention, such of the following periods as the
court may determine to be the most appropriate for the rehabilitation
of the offender:
(a) 6 months beginning on the date the sentence takes effect;
(b) 12 months beginning on the date the sentence takes effect.
[19/2018]

(7) A sentence of reformative training (including any period of

supervision under the sentence) must not extend beyond 54 months
after the date the sentence takes effect.
[19/2018]

(8) The period of detention under a sentence of reformative training

must not extend beyond —
(a) 54 months after the date the sentence takes effect, in any
case that may be prescribed; or
(b) 36 months after the date the sentence takes effect, in any
other case.
[19/2018]

(9) A sentence of reformative training (including any period of

supervision under the sentence) that is imposed on a person expires if,
while the person is serving the sentence —

31.12.2021
246 Criminal Procedure Code 2010 2020 Ed.

(a) a sentence of corrective training, or another sentence of

reformative training, is imposed on the person; or
(b) the person is detained under an order made under
section 30(1) of the Criminal Law (Temporary
Provisions) Act 1955.
[19/2018]

(10) Where a person, while serving a sentence of reformative

training (including any period of supervision under the sentence), is
sentenced to imprisonment, the sentence of reformative training does
not expire, but runs concurrently with the sentence of imprisonment.
[19/2018]

Sentence in case of conviction for several offences at one trial

306.—(1) Where a person is convicted at one trial of any 2 or more
distinct offences, the court must sentence the person for those
offences to the punishments that it is competent to impose.
(2) Subject to section 307 and subsection (4), where these
punishments consist of imprisonment, they are to run consecutively
in the order that the court directs, or they may run concurrently if the
court so directs.
(3) The court need not send the offender for trial before a higher
court merely because the combined punishment for the various
offences exceeds the punishment which the court is competent to
inflict for a single offence.
(4) Subject to any written law, a Magistrate’s Court or District
Court may not impose a total term of imprisonment that exceeds
twice that which such court is competent to impose under section 303.

Consecutive sentences in certain cases

307.—(1) Subject to subsection (2), if at one trial a person is
convicted and sentenced to imprisonment for at least 3 distinct
offences, the court before which the person is convicted must order
the sentences for at least 2 of those offences to run consecutively.
(2) Where a sentence of life imprisonment is imposed by the
General Division of the High Court at a trial mentioned in
subsection (1), the other sentences of imprisonment must run
2020 Ed. Criminal Procedure Code 2010 247
concurrently with the sentence of life imprisonment, except that
where the Court of Appeal sets aside or reduces the sentence of life
imprisonment then the Court of Appeal may order any of the other
sentences of imprisonment to run consecutively.
[40/2019]

Limit of punishment for offence made up of several offences

308.—(1) Where anything which is an offence is made up of parts,
any of which parts is itself an offence, the person who committed the
offence must not be punished with the punishment of more than one
of such offences unless it is expressly provided.
(2) Where —
(a) anything is an offence falling within 2 or more separate
definitions of any law in force for the time being by which
offences are defined or punished; or
(b) several acts, of which one or more than one would by itself
or themselves constitute an offence, constitute when
combined a different offence,
the person who committed the offence must not be punished with a
more severe punishment than the court which tries the person could
award for any one of such offences.
Illustrations
(a) A gives Z 50 strokes with a stick. Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the
blows which make up the whole beating. If A were liable to punishment for
every blow, A might be imprisoned for 50 years, one for each blow. But A is
liable only to one punishment for the whole beating.
(b) But if, while A is beating Z, Y interferes and A intentionally strikes Y, here, as
the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z,
A is liable to one punishment for voluntarily causing hurt to Z, and to another
for the blow given to Y.

Police supervision
309.—(1) If a person who has been convicted in Singapore or
elsewhere of an offence punishable with imprisonment for 2 years or
more is convicted of another offence also punishable with
imprisonment for 2 years or more, a court may, in addition to

31.12.2021
248 Criminal Procedure Code 2010 2020 Ed.

sentencing the person to any other punishment, order that the person
be placed under police supervision for a period starting immediately
after the last sentence passed on the person ends.
(2) The period of supervision imposed by the General Division of
the High Court, the District Court and the Magistrate’s Court under
subsection (1) must not exceed 7 years, 5 years and 3 years,
respectively.
[40/2019]

Requirements from person subject to supervision

310.—(1) Every person ordered to be placed under police
supervision and who is at large in Singapore must —
(a) personally present himself or herself and notify the place of
his or her residence to the officer in charge of the police
division in which his or her residence is situated;
(b) where the person changes his or her residence, personally
present himself or herself and notify the change of
residence to the officer in charge of the police division
in which his or her new residence is situated;
(c) where the person changes his or her residence to a place
outside Singapore, personally present himself or herself
and notify the change of residence and the place to which
he or she is going to reside to the officer in charge of the
police division in which his or her last residence in
Singapore is situated;
(d) if, having changed his or her residence to a place outside
Singapore, the person later returns to Singapore, personally
present himself or herself and notify his or her return and
his or her place of residence in Singapore to the officer in
charge of the police division in which his or her residence
in Singapore is situated; and
(e) if the person intends to be absent from his or her last
notified residence for more than 48 hours without changing
his or her place of residence, personally present himself or
herself and notify his or her intention, where he or she
intends to go and how long he or she will be away to the
2020 Ed. Criminal Procedure Code 2010 249
officer in charge of the police division in which his or her
residence is situated.
(2) A person under police supervision must, at least once every
30 days, report personally at the time and place and to the police
officer appointed by the Commissioner of Police, and such officer
may on each occasion take or cause to be taken the fingerprints of the
person reporting to the officer.

Penalty for non-compliance with section 310

311.—(1) If any person subject to police supervision who is at large
in Singapore —
(a) remains in any place for 48 hours without personally
presenting himself or herself and notifying the place of his
or her residence to the officer in charge of the police
division in which such place is situated;
(b) fails to comply with the requirements of section 310 on the
occasion of any change of residence;
(c) is absent from his or her notified place of residence for
more than 48 hours without having complied with the
requirements of section 310(1)(e); or
(d) fails to comply with the requirements of section 310(2),
the person shall in every such case, unless he or she proves to the
satisfaction of the court before which he or she is tried that he or she
did his or her best to act in conformity with the law, be guilty of an
offence and shall be liable on conviction to imprisonment for a term
not exceeding 12 months.
(2) Where a court convicts a person of an offence under this section,
the court may, in addition to sentencing the person to any other
punishment, order that the person remain under police supervision for
a further period of not more than one year, commencing immediately
after the end of the sentence passed on the person by that court, or
immediately after the end of the period of police supervision in
respect of which the offence was committed, whichever is the later.
(3) Where a person under police supervision is, while still subject to
such supervision, sentenced to a term of imprisonment for any

31.12.2021
250 Criminal Procedure Code 2010 2020 Ed.

offence, then the period of supervision may exclude any term spent in
prison.

Application of law to orders for police supervision made in

Malaysia
312. Sections 310 and 311 apply to every person who, by reason of
an order made under the law for the time being in force in Malaysia or
any State thereof, would be subject to the supervision of the police if
the person were at large in Malaysia or that State, and who is at large
in Singapore.

Provisions as to execution of sentences of death

313. The following provisions apply to death sentences:
(a) after sentence has been pronounced, a warrant under the
seal of the court must be made out for the person sentenced
to be committed to the custody of the Commissioner of
Prisons in accordance with such prescribed form;
(b) the warrant is full authority to the Commissioner of
Prisons, or any officer appointed by the Commissioner of
Prisons for that purpose, for receiving into his or her
custody and detaining the person sentenced until he or she
receives the court’s further warrant or order;
(c) the trial Judge who tried the accused must, within a
reasonable time after sentence has been pronounced,
prepare a copy of the notes of evidence taken at the trial
and a report in writing signed by the trial Judge stating
whether, in his or her opinion, there is any reason (and, if
so, particulars of the reason) why the death sentence should
not be carried out;
(d) the trial Judge must forward to the Court of Appeal the
notes of evidence and report mentioned in paragraph (c),
within a reasonable time after being notified by the
Registrar of the Supreme Court that a notice of appeal
has been given or petition for confirmation has been
lodged, as the case may be;
2020 Ed. Criminal Procedure Code 2010 251
(e) if the Court of Appeal dismisses the appeal or confirms the
imposition of the sentence of death, then the Chief Justice
or other presiding Judge must, within a reasonable time,
forward to the Minister the notes of evidence and report
mentioned in paragraph (c), stating whether he or she
agrees with the trial Judge, together with a notification of
the decision of the Court of Appeal and also any report on
the case that the Court of Appeal may think fit to make,
signed by the Chief Justice or other presiding Judge;
(f) the President must, acting in accordance with the
Constitution —
(i) transmit to the Court of Appeal a copy signed and
sealed by the President of any order he or she makes;
(ii) if the sentence is to be carried out, state the time and
place of execution of the sentence in the order; and
(iii) if the person sentenced is pardoned or the sentence is
commuted to another punishment, state this in the
order;
(g) on receiving the copy of the President’s order the Court of
Appeal must, if the sentence is to be carried out, cause a
warrant to be issued under the seal of the Supreme Court
and signed by the Chief Justice or other presiding Judge, or
in the absence thereof any other Supreme Court Judge,
setting out the time and place of execution as prescribed in
the order of the President;
(h) the President may, at any time before the warrant is carried
out, order a respite of the execution of the warrant and
afterwards appoint some other time or other place for its
execution;
(i) the warrant must be directed to the Commissioner of
Prisons who must carry out the sentence in accordance
with law;
(j) there must be present at the execution of the sentence the
superintendent of the prison, a medical officer of the

31.12.2021
252 Criminal Procedure Code 2010 2020 Ed.

prison, and any other prison officers that the Commissioner

of Prisons requires;
(k) there may also be present a minister of religion in
attendance at the prison and any other persons that the
Commissioner of Prisons thinks proper to admit;
(l) immediately after the death sentence has been carried out,
the medical officer of the prison present must examine the
body of the person executed, ascertain the fact of death and
sign a death certificate and deliver it to the Commissioner
of Prisons;
(m) within 24 hours after the execution, a Coroner must hold an
inquiry as provided under the Coroners Act 2010 and
satisfy himself or herself of the identity of the body and
whether the sentence of death was duly carried out;
(n) a copy of the Coroner’s findings must be forwarded to and
filed in the Registry of the Supreme Court and another
must be forwarded to and filed in the office of the Minister;
(o) where a sentence of death is avoided by the escape of the
person sentenced to death, the sentence must be carried out
at such other time after the person’s recapture that the
General Division of the High Court then orders;
(p) no omission or error as to time and place and no defect in
form in any order or warrant given under this section, and
no omission to comply with paragraphs (j) to (n) may be
held to make illegal any execution carried out or intended
to have been carried out under the order or warrant or make
illegal any execution that would otherwise have been legal.
[33/2012; 1/2014; 19/2018; 40/2019]

No sentence of death against person below 18 years of age

314. A sentence of death must not be passed or recorded against an
accused convicted of an offence if the court has reason to believe that,
at the time the offence was committed, the accused was below
18 years of age, but instead the court must sentence the accused to life
imprisonment.
2020 Ed. Criminal Procedure Code 2010 253
Sentence of death not to be passed on pregnant woman
315.—(1) Where a woman convicted of an offence punishable with
death alleges that she is pregnant, or where the court before whom a
woman is so convicted thinks fit, the question whether or not the
woman is pregnant must, before sentence is passed on her, be
determined by the court.
(2) If the court finds the woman pregnant, it must pass a sentence of
life imprisonment on her.
(3) If the court finds the woman not to be pregnant, she may appeal
to the Court of Appeal against that finding in the manner set out under
this Code.
(4) On hearing the appeal mentioned in subsection (3), the Court of
Appeal, if satisfied for any reason that the finding should be set aside,
must set aside the sentence, and pass a sentence of life imprisonment.

Judgment of death
316. Where any person is sentenced to death, the sentence must
direct that the person must be hanged by the neck until the person is
dead but must not state the place where nor the time when the
sentence is to be carried out.

Sentences other than of death

317.—(1) Where an accused is sentenced to imprisonment or to
caning, the court must immediately forward a warrant (unless the
accused is already confined in prison) stating the name of the accused
and sentence to the Commissioner of Prisons or an officer appointed
by the Commissioner for that purpose who must receive into his or
her custody the person named in the warrant.
[1/2014]

(2) The warrant is full authority to the Commissioner of Prisons or

the officer appointed by the Commissioner for receiving into custody
and detaining the accused and carrying out the sentence.
[1/2014]

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254 Criminal Procedure Code 2010 2020 Ed.

Date that sentence begins

318.—(1) Subject to this Code and any other written law, a sentence
of imprisonment, corrective training or preventive detention takes
effect beginning on the date it was passed, unless the court passing the
sentence or, when there has been an appeal, the appellate court,
otherwise directs.
[19/2018; 14/2019]

(1A) A sentence of reformative training takes effect beginning on

the date it was passed or at such later date as the court may determine.
[14/2019]

(2) To avoid doubt, where a court has directed under subsection (1)
that a sentence of imprisonment, corrective training or preventive
detention is to take effect on a date later than the date the sentence was
passed —
(a) the court may under that subsection further direct that the
sentence is to take effect on another date; and
(b) the court may release the offender, during the period before
the sentence is to take effect, on bail or on the offender’s
personal bond.
[19/2018; 14/2019]

(3) To avoid doubt, a court may under subsection (1) direct that a
sentence of imprisonment, corrective training or preventive detention
is to take effect on a date earlier than the date the sentence is passed.
[19/2018; 14/2019]

(4) Where an offender has been remanded in custody, or remanded

in a psychiatric institution (whether for observation or otherwise)
under Division 5 of Part 13, for an offence, a court must consider
directing that a sentence of imprisonment, corrective training or
preventive detention, which is to be imposed for that offence, is to
take effect on a date earlier than the date the sentence is passed.
[19/2018; 14/2019]

(5) Before directing the date on which a sentence of imprisonment,

corrective training or preventive detention, which is to be imposed for
an offence, is to take effect, a court must consider all the
circumstances of the case, including the following matters:
(a) the date on which the offender was arrested for the offence;
2020 Ed. Criminal Procedure Code 2010 255
(b) the length of the period (if any) during which the offender
was remanded in custody in relation to the offence;
(c) the length of the period (if any) during which the offender
was remanded in a psychiatric institution (whether for
observation or otherwise) under Division 5 of Part 13 in
relation to the offence;
(d) the length of the period (if any), after the offender was
arrested for the offence, during which the offender was not
in custody.
[19/2018; 14/2019]

Provisions as to sentence of fine

319.—(1) Where any fine is imposed and there is no express
provision in the law relating to the fine, the following provisions
apply:
(a) if the maximum sum is not stated in the law, the fine to
which the offender is liable is unlimited but must not be
excessive;
(b) the court which imposed the fine may choose to do all or
any of the following things at any time before the fine is
paid in full:
(i) allow and extend time for its payment;
(ii) direct that the fine be paid by instalments;
(iii) order the attachment of any property, movable or
immovable, belonging to the offender —
(A) by seizure of such property which may be sold
and the proceeds applied towards the payment
of the fine; or
(B) by appointing a receiver who is to be at liberty
to take possession of and sell such property and
apply the proceeds towards the payment of the
fine;

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(iv) direct any person who owes money to the offender to

pay the court the amount of that debt due or accruing
or the amount that is sufficient to pay off the fine;
(v) direct that in default of payment of the fine, the
offender must suffer imprisonment for a certain term
which must be consecutive with any other
imprisonment to which the offender may be
sentenced, including any other imprisonment term
or terms imposed on the offender under this section
in default of payment of fine, or to which the
offender may be liable under a commutation of a
sentence;
(vi) direct that the person be searched, and that any
money found on the person when so searched or
which, in the event of his or her being committed to
prison, may be found on him or her when taken to
prison, is to be applied towards the payment of the
fine, and the surplus (if any) being returned to him or
her; provided that the money must not be so applied
if the court is satisfied that the money does not
belong to the person on whom it was found;
(c) before allowing time for payment under paragraph (b)(i) or
directing payment by instalments under paragraph (b)(ii),
the court may require the offender to execute a bond with
or without sureties on condition that the offender pay the
fine or the instalments (as the case may be) on the day or
days directed; and if the fine or any instalment is not paid
as ordered, then the whole of the fine remaining unpaid
becomes due and payable and the court may issue a
warrant for the offender’s arrest;
(d) the term for which the court directs the offender to be
imprisoned in default of payment of a fine is to be as
follows:
(i) if the offence is punishable with imprisonment for a
term of 24 months or more, it must not exceed one
2020 Ed. Criminal Procedure Code 2010 257
half of the maximum term of imprisonment fixed for
the offence;
(ii) if the offence is punishable with imprisonment for a
term of less than 24 months, it must not exceed one
third of the maximum term of imprisonment fixed for
the offence;
(iii) if the offence is not punishable with imprisonment, it
must be 6 months or less;
(e) the imprisonment that is imposed in default of payment of
a fine may be additional to the sentence of imprisonment
for the maximum term which the court may impose under
section 303 provided that the total punishment of
imprisonment passed on an offender at one trial does not
exceed the limits prescribed by section 306;
(f) the imprisonment imposed in default of payment of a fine
ends when that fine is paid or levied by process of law;
(g) if, before the end of the period of imprisonment imposed in
default of payment of a fine, such a proportion of the fine is
paid or levied that the term of imprisonment already
suffered in default of payment is at least equivalent to the
part of the fine still unpaid, then the imprisonment must
end;
(h) the fine or any part of it that remains unpaid may be levied
at any time within 6 years after the passing of the sentence
or, if under the sentence the offender is liable to
imprisonment for a longer period than 6 years, then at
any time before that period expires; and the offender’s
death does not discharge from the liability any property
that would after his or her death be legally liable for his or
her debts.
[33/2012]

(2) If a person fails to pay the court the amount which the person is
directed to pay under subsection (1)(b)(iv), it is recoverable as though
it were a judgment debt due to the court.
[33/2012]

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258 Criminal Procedure Code 2010 2020 Ed.

(3) Any person may, not later than 7 days after the date of the
seizure of any property under subsection (1)(b)(iii)(A) or the taking
of possession of any property by the receiver under
subsection (1)(b)(iii)(B) (as the case may be), make a claim against
that property by applying to the court for the property to be excluded
from the order of attachment issued under subsection (1)(b)(iii) and
the court must make such order as it sees fit.
[33/2012]

Suspension of execution in certain cases

320.—(1) Where an offender has been sentenced to a fine only and
to imprisonment in default of payment of the fine and the court issues
an order of attachment under section 319(1)(b)(iii), it may suspend
the sentence of imprisonment and may release the offender on the
offender’s executing a bond with or without sureties, as the court
thinks fit, on condition that the offender appear before that court on
the day appointed for the return of the order of attachment.
(2) The day appointed under subsection (1) must not be more than
15 days from the time of executing the bond.
(3) If the fine has not been paid, the court may direct the sentence of
imprisonment to be carried out at once.

Who may issue warrant

321. A warrant for the execution of any sentence, including an order
of attachment of property, may be issued either by the Judge, District
Judge or Magistrate who passed the sentence or by his or her
successor or other Judge, District Judge or Magistrate acting in his or
her place.

Commencement of sentence of imprisonment on prisoner

already undergoing imprisonment
322.—(1) Where a person who is an escaped convict or is
undergoing a sentence of imprisonment is sentenced again to
imprisonment, the latter sentence of imprisonment must begin
either immediately or at the end of the imprisonment to which the
person was previously sentenced, as the court awarding the sentence
directs.
2020 Ed. Criminal Procedure Code 2010 259
(2) A death sentence must be carried out despite a pending sentence
of imprisonment.
(3) Nothing in subsection (1) may be held to excuse a person from
any part of the punishment to which the person is liable upon the
person’s former or subsequent conviction.

Juvenile may be dealt with under Children and Young Persons

Act 1993
323. If a juvenile is convicted of an offence punishable by fine or
imprisonment or both, and whether or not the law under which the
juvenile is convicted provides that fine or imprisonment or both shall
be imposed, the court may, instead of sentencing him or her to fine or
imprisonment, deal with the juvenile in the manner provided by the
Children and Young Persons Act 1993.

Return of warrant of execution

324. Where a death sentence has been carried out pursuant to a
warrant issued under section 313(i), the Commissioner of Prisons
who carried out the sentence must return the warrant to the court
which issued it with an endorsement signed by the Commissioner,
certifying that the sentence has been carried out.
[1/2014]

Division 2 — Sentence of caning

Execution of sentence of caning forbidden in certain cases
325.—(1) The following persons shall not be punished with caning:
(a) women;
(b) men who are more than 50 years of age at the time of
infliction of the caning;
(c) men sentenced to death whose sentences have not been
commuted.
(2) Subject to any other written law, if a person is convicted of one
or more offences punishable with caning (called in this section the
relevant offences) but the person cannot be caned because
subsection (1)(a) or (b) applies, the court may, in addition to any

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260 Criminal Procedure Code 2010 2020 Ed.

other punishment to which that person has been sentenced, impose a

term of imprisonment of not more than 12 months in lieu of the
caning which it could, but for this section, have ordered in respect of
the relevant offences.
(3) A court may impose a term of imprisonment under
subsection (2) even though the aggregate of such term and the
imprisonment term imposed for any of the relevant offences exceeds
the maximum term of imprisonment prescribed for any of those
offences.
(4) A Magistrate’s Court or District Court may impose a term of
imprisonment under subsection (2) even though the aggregate
sentence of imprisonment (comprising the term of imprisonment
imposed under subsection (2) and the combined terms of
imprisonment imposed by the court in respect of the relevant
offences) exceeds the limits prescribed by section 306.
(5) The power of a court to impose the additional term of
imprisonment under subsection (2) does not apply in relation to
any offence which is committed before 2 January 2011.

Place for executing sentence of caning

326. Where a person is sentenced to caning only or where the
sentence of caning cannot reasonably be carried out before the release
of the person under any sentence of imprisonment, the court must, on
the application of the Public Prosecutor, authorise the detention of the
person for as long as is reasonably necessary for carrying out the
sentence of caning at the place and time that the court directs.

Time of executing sentence of caning

327.—(1) Where an accused is sentenced to caning in addition to
imprisonment, the caning must not be inflicted —
(a) until after the expiry of the time within which notice of
appeal may be given under this Code, or any extension of
time which may be permitted under this Code; or
(b) if notice is so given, until after the determination of the
appeal.
2020 Ed. Criminal Procedure Code 2010 261
(2) The caning must be inflicted as soon as practicable after the time
prescribed in subsection (1) has expired.

Limit on number of strokes

328.—(1) Despite any provision of this Code or any other law to the
contrary, where an accused is sentenced at the same sitting for 2 or
more offences punishable by caning (called in this section the
relevant offences), the aggregate sentence of caning imposed by the
court in respect of the relevant offences must not exceed the specified
limit.
(2) Subject to any other written law, where an accused would but
for subsection (1) have been sentenced to an aggregate sentence of
caning which exceeds the specified limit, the court may impose a
term of imprisonment of not more than 12 months in lieu of all such
strokes which exceed the specified limit.
(3) A court may impose a term of imprisonment under
subsection (2) even though the aggregate of such term and the
imprisonment term imposed for any of the relevant offences exceeds
the maximum term of imprisonment prescribed for any of the relevant
offences.
(4) A Magistrate’s Court or District Court may impose a term of
imprisonment under subsection (2) even though the aggregate
sentence of imprisonment (comprising the term of imprisonment
imposed under subsection (2) and the combined terms of
imprisonment imposed by the court in respect of the relevant
offences) exceeds the limits prescribed by section 306.
(5) The power of a court to impose the additional term of
imprisonment under subsection (2) does not apply in relation to
any offence which is committed before 2 January 2011.
(6) In this section, the specified limit is 24 strokes in the case of an
adult and 10 strokes in the case of a juvenile.

Mode of executing sentence of caning

329.—(1) The Minister may make rules to prescribe the mode of
carrying out the sentence of caning.

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262 Criminal Procedure Code 2010 2020 Ed.

(2) Caning is to be inflicted on such part of the person as the

Minister from time to time generally directs.
(3) The rattan must not be more than 1.27 centimetres in diameter.
(4) In the case of a juvenile, caning is to be inflicted with a light
rattan.

Caning not to be carried out by instalments

330.—(1) A sentence of caning must not be executed in
instalments.
(2) The maximum number of strokes of the cane that can be
inflicted on the offender at any one time is 24 strokes for an adult and
10 strokes in the case of a juvenile.

Medical officer’s certificate required

331.—(1) The punishment of caning may be inflicted only if a
medical officer is present and certifies that the offender is in a fit state
of health to undergo such punishment.
(2) If, during the execution of a sentence of caning, the medical
officer certifies that the offender is not in a fit state of health to
undergo the rest of the sentence, the caning must be stopped.

Procedure if punishment cannot be inflicted under section 331

332.—(1) Where a sentence of caning is wholly or partially
prevented from being carried out under section 331, the offender
must be kept in custody until the court that passed the sentence can
revise it.
(2) That court may —
(a) remit the sentence; or
(b) sentence the offender instead of caning, or instead of as
much of the sentence of caning as was not carried out, to
imprisonment of not more than 12 months, which may be
in addition to any other punishment to which the offender
has been sentenced for the offence or offences in respect of
which the court has imposed caning (called in this section
the relevant offences).
2020 Ed. Criminal Procedure Code 2010 263
(3) A court may impose a term of imprisonment under
subsection (2)(b) even though the aggregate of such term and the
imprisonment term imposed for any of the relevant offences exceeds
the maximum term of imprisonment prescribed for any of those
offences.
(4) A Magistrate’s Court or District Court may impose a term of
imprisonment under subsection (2)(b) even though the aggregate
sentence of imprisonment (comprising the term of imprisonment
imposed under subsection (2)(b) and the combined terms of
imprisonment imposed by the court in respect of the relevant
offences) exceeds the limits prescribed by section 306.
(5) The power of a court to impose the additional term of
imprisonment under subsection (2)(b) does not apply in relation to
any offence which is committed before 2 January 2011.

Division 3 — Suspensions, remissions and

commutations of sentences
Power to pardon, suspend or remit sentence, etc.
333.—(1) Where a person has been sentenced to punishment for an
offence, the President, acting in accordance with the Constitution,
may grant a pardon, reprieve or respite, on such conditions as the
President thinks fit, of the execution of the sentence, or remit the
whole or any part of the sentence or any penalty or forfeiture imposed
by law.
(2) Where an application is made to the President for any of the
reliefs mentioned in subsection (1), the President —
(a) in the case of a sentence of death, must act in accordance
with Article 22P(2) of the Constitution; or
(b) may in any other case, require the presiding judge of the
court before or by which the person is convicted to state his
or her opinion as to whether the application should be
granted or refused, and the judge must state his or her
opinion accordingly.
(3) If any condition on which a sentence has been suspended or
remitted is, in the opinion of the President, not fulfilled, the President

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264 Criminal Procedure Code 2010 2020 Ed.

may cancel the suspension or remission, and upon the cancellation,

the person in whose favour the sentence has been suspended or
remitted may, if at large, be arrested by a police officer without
warrant and remanded to undergo the unexpired portion of the
sentence.
(4) Subsection (3) does not apply to a sentence of death.

Power to commute punishment

334. The President may —
(a) commute a sentence of death for a sentence of
imprisonment or fine or both; or
(b) commute a sentence of imprisonment for a sentence of
fine.

PART 17
COMMUNITY SENTENCES
Interpretation of this Part
335. In this Part —
“appointed psychiatrist” means any psychiatrist appointed under
section 339(13);
“community service officer” means any person appointed as a
community service officer under section 346(9)(a);
“community work officer” means any person appointed as a
community work officer under section 344(10);
“day reporting centre” means any place as may be designated by
the Minister charged with the responsibility for home affairs
as a day reporting centre under section 341(8);
“day reporting officer” means any person appointed as a day
reporting officer under section 341(7);
“psychiatrist” means any medical practitioner who is registered
as a psychiatrist in the Register of Specialists under the
Medical Registration Act 1997.
2020 Ed. Criminal Procedure Code 2010 265
Meaning of “community order” and “community sentence”
336.—(1) In this Part, “community order” means any of the
following orders:
(a) a mandatory treatment order;
(b) a day reporting order;
(c) a community work order;
(d) a community service order;
(e) a short detention order.
(2) In this Part, “community sentence” means a sentence which
consists of one or more community orders made by a court at the
same court proceeding.

Community orders
337.—(1) Subject to subsections (2) and (3), a court must not
exercise any of its powers under this Part to make any community
order in respect of —
(a) an offence for which the sentence is fixed by law;
(b) an offence for which any of the following is prescribed by
law:
(i) a specified minimum sentence of imprisonment or
caning;
(ii) a mandatory minimum sentence of imprisonment,
fine or caning;
(c) an offence which is specified in the Third Schedule to the
Registration of Criminals Act 1949;
(d) a person who had previously been sentenced to a term of
imprisonment exceeding 3 months, other than a term of
imprisonment served by him or her in default of payment
of a fine;
(e) a person who had previously been sentenced to corrective
training or preventive detention;

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(f) a person who had previously been detained or subject to

police supervision under section 30(1) of the Criminal Law
(Temporary Provisions) Act 1955;
(g) a person who has been admitted —
(i) at least twice to an approved institution under
section 34 of the Misuse of Drugs Act 1973 (called
in this section an approved institution);
(ii) at least twice to an approved centre under section 17
of the Intoxicating Substances Act 1987 (called in
this section an approved centre); or
(iii) at least once to an approved institution, and at least
once to an approved centre;
(ga) an offence under the Misuse of Drugs Act 1973, the Misuse
of Drugs Regulations or the Intoxicating Substances
Act 1987, if the offender had previously been admitted
to an approved institution or an approved centre;
(h) a fine-only offence; or
(i) an offence which is punishable with a term of
imprisonment which exceeds 3 years.
[12/2018; 19/2018]

(2) A court may not make a mandatory treatment order in respect of

any case referred to in subsection (1) except that it may do so under
section 339 even if the offender —
(a) is a person mentioned in subsection (1)(d) or (g);
(b) is convicted of an offence under the Misuse of Drugs
Act 1973, the Misuse of Drugs Regulations or the
Intoxicating Substances Act 1987, after having
previously been admitted to an approved institution or an
approved centre; or
(c) is convicted of an offence that is punishable with
imprisonment for a term exceeding 3 years but not
exceeding 7 years, and is prescribed.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 267
(3) A court may not make a community work order in respect of any
case referred to in subsection (1) except that it may do so under
section 344 even if the offender is convicted of ––
(a) a fine-only offence; or
(b) an offence for which a mandatory minimum sentence of
fine is prescribed by law.
[19/2018]

(4) If an offender convicted of 2 or more offences is sentenced at the

same court proceeding for those offences, a court must not pass a
community sentence if any of those offences relate to an offence in
respect of which the powers to make community orders conferred by
this Part cannot be exercised by the court.
(5) Subject to section 344(11)(b), a community sentence passed by
a court in respect of any offence is in lieu of any sentence of
imprisonment, caning and fine which the court may impose for that
offence.
(6) Despite subsection (5), before a court passes a community
sentence in respect of any offence, the court may —
(a) impose on the offender any sentence of imprisonment that
is provided for that offence; and
(b) suspend, for the period when any community order made
in respect of that offence is in force, the sentence of
imprisonment that is imposed for that offence.
[19/2018]

(7) Where the court sentences an offender under subsection (6)(a)

to imprisonment for at least 3 distinct offences, the court must, in
accordance with section 307(1), order the sentences for at least 2 of
those offences to run consecutively, before the court —
(a) passes a community sentence in respect of all of those
offences; and
(b) suspends under subsection (6)(b) all of those sentences of
imprisonment.
[19/2018]

(8) Subject to subsection (7), where the court sentences an offender

under subsection (6)(a) to imprisonment for 2 or more distinct

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offences, the court may, in accordance with section 306, direct the
sentences for those offences to run consecutively or concurrently,
before the court —
(a) passes a community sentence in respect of all of those
offences; and
(b) suspends under subsection (6)(b) all of those sentences of
imprisonment.
[19/2018]

(9) Where a sentence of imprisonment imposed on an offender for

an offence is suspended under subsection (6)(b) for the period when a
community order made in respect of that offence is in force, the court
must lift the suspension and direct that the sentence of imprisonment
be carried out, if that community order is revoked under
section 352(5)(c) or 354(6)(a) or (7)(a).
[19/2018]

(10) Despite section 377(2), where —

(a) a court directs under subsection (9) that a sentence of
imprisonment, which was suspended under
subsection (6)(b), be carried out; and
(b) no notice of appeal was lodged by any party against the
sentence of imprisonment when the sentence was imposed
under subsection (6)(a),
a party who is not satisfied with the sentence of imprisonment may
lodge with the Registrar of the Supreme Court (if the sentence was
imposed by the General Division of the High Court) or the Registrar
of the State Courts (if the sentence was imposed by a State Court) a
notice of appeal against the sentence of imprisonment within 14 days
after the date of the court’s direction under subsection (9).
[19/2018; 40/2019]

(11) Except as provided in subsection (10), Division 1 of Part 20

applies to an appeal commenced under that subsection as if the notice
of appeal had been lodged in accordance with section 377(2).
[19/2018]
2020 Ed. Criminal Procedure Code 2010 269
Combination of community orders
338. A court may make a community order in respect of one or
more offences or it may make one or more community orders in
respect of one offence.

Mandatory treatment orders

339.—(1) Subject to subsections (2), (3) and (4), where an offender
is convicted of an offence, and if the court by or before which the
offender is convicted is satisfied that having regard to the
circumstances, including the nature of the offence and the
character of the offender, it is expedient to do so, the court may
make a mandatory treatment order requiring the offender to undergo
psychiatric treatment for a period not exceeding 36 months.
[19/2018]

(1A) A mandatory treatment order may also require an offender to

reside in a psychiatric institution during the whole or a specified part
of the period that the offender is required to undergo psychiatric
treatment.
[19/2018]

(2) Before making a mandatory treatment order, the court must call
for a report to be submitted by an appointed psychiatrist.
(3) A court may make a mandatory treatment order in respect of an
offender only if the report submitted by an appointed psychiatrist
states that —
(a) the offender is suffering from a psychiatric condition
which is susceptible to treatment;
(b) the offender is suitable for the treatment; and
(c) the psychiatric condition of the offender is one of the
contributing factors for his or her committing the offence.
(4) A court must not make a mandatory treatment order in respect of
an offender if the report submitted by the appointed psychiatrist states
that the appointed psychiatrist is not satisfied with any of the matters
referred to in subsection (3)(a) to (c).

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270 Criminal Procedure Code 2010 2020 Ed.

(4A) A court may include the requirement mentioned in

subsection (1A) in a mandatory treatment order only upon the
recommendation of the appointed psychiatrist.
[19/2018]

(5) In assessing whether an offender is a person suitable for

treatment for his or her psychiatric condition, the appointed
psychiatrist may take into account the following factors:
(a) whether the offender is likely to attend the treatment
sessions on such day and at such time and place as the
appointed psychiatrist may require;
(b) the physical and mental state of the offender;
(c) the financial standing of the offender and his or her ability
to pay all or any part of the costs of his or her treatment
which it is reasonable for him or her to pay.
(6) For the purpose of obtaining the report from an appointed
psychiatrist, a court may order that an offender —
(a) be remanded for observation in a psychiatric institution for
a period or periods, not exceeding 3 weeks in the case of
any single period, as the court thinks necessary to enable
the report to be submitted by the appointed psychiatrist; or
(b) attend at a psychiatric institution for assessment to enable
the report to be submitted by the appointed psychiatrist.
(7) An offender may, no later than 3 weeks from the date the court
has called for a report from an appointed psychiatrist, or at such other
time as the court may allow, submit to the appointed psychiatrist any
report made by a psychiatrist engaged by the offender.
(8) Before making any report, the appointed psychiatrist must take
into consideration the report made by the psychiatrist engaged by the
offender.
(9) Any report made by the appointed psychiatrist is taken to be
final and conclusive as to the matters referred to in subsection (3)(a),
(b) and (c).
(10) A court may impose such conditions as it thinks fit when
making a mandatory treatment order.
2020 Ed. Criminal Procedure Code 2010 271
(11) Before making a mandatory treatment order, the court must
also explain to the offender in ordinary language —
(a) the purpose and effect of the order (and in particular the
obligations of the offender as specified in section 340);
(b) the consequences which may follow if the offender fails to
comply with any of those obligations, or any conditions
imposed by the court under subsection (10); and
(c) that the court has the power, under section 351, to vary or
revoke the order on the application of the appointed
psychiatrist.
(12) The court must extend a copy of any report made by an
appointed psychiatrist to the offender or the offender’s advocate and
to the Public Prosecutor.
(13) The Director of Medical Services may appoint any psychiatrist
to be an appointed psychiatrist for the purposes of this section.
(14) The Minister charged with the responsibility for health may
make regulations in relation to the treatment of a person subject to a
mandatory treatment order.

Obligations of offender subject to mandatory treatment order

340. An offender in respect of whom a mandatory treatment order is
in force must —
(a) attend the treatment sessions on such day and at such time
and place as the appointed psychiatrist may require;
(b) comply with such other conditions in connection with his
or her treatment as the appointed psychiatrist may require;
and
(c) comply with such other conditions which a court may
impose under section 339(10).

Day reporting orders

341.—(1) Subject to subsection (2), where an offender who is
16 years of age or above is convicted of an offence, and if the court by
or before which he or she is convicted is satisfied that having regard

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to the circumstances, including the nature of the offence and the

character of the offender, it is expedient to do so, the court may make
a day reporting order requiring the offender to report to a day
reporting officer at any day reporting centre.
(2) A court must, before making a day reporting order, call for a
report from a day reporting officer regarding the susceptibility of the
offender convicted of an offence to counselling and rehabilitation
under the supervision of a day reporting officer.
(3) To avoid doubt, a court may make a day reporting order even
though the report from the day reporting officer states that the
offender in respect of whom the day reporting order is to be made is
not susceptible to counselling and rehabilitation under the
supervision of a day reporting officer.
(4) The period during which an offender may be required to report
to a reporting centre under a day reporting order shall be specified in
the order and must —
(a) not be less than 3 months; and
(b) not be more than 12 months.
(5) A court may impose such conditions as it thinks fit when
making a day reporting order.
(6) Before making a day reporting order, the court must explain to
the offender in ordinary language —
(a) the purpose and effect of the order (and in particular the
obligations of the offender as specified in section 343);
(b) the consequences which may follow if the offender fails to
comply with any of those obligations, or any conditions
imposed by the court under subsection (5); and
(c) that the court has the power, under section 351, to vary or
revoke the order on the application of the day reporting
officer.
(7) The Commissioner of Prisons may appoint any person to be a
day reporting officer for the purposes of this section.
[1/2014]
2020 Ed. Criminal Procedure Code 2010 273
(8) The Minister charged with the responsibility for home affairs
may designate any place as a day reporting centre.

Electronic monitoring of offender subject to day reporting

order
342.—(1) Subject to subsection (2), a day reporting order may in
addition include requirements for securing the electronic monitoring
of the whereabouts of an offender subject to the order during the
period when the order is in force against the offender.
(2) A court must not make a day reporting order which includes the
requirements mentioned in subsection (1) unless the court is satisfied
that electronic monitoring arrangements can be made by the day
reporting officer.
(3) Electronic monitoring arrangements made under this section
may include entering into contracts with other persons for the
electronic monitoring by them of the whereabouts of the offender.

Obligations of offender subject to day reporting order

343. An offender in respect of whom a day reporting order is in
force must —
(a) report to the day reporting officer on such day and at such
time and reporting centre as the day reporting officer may
require;
(b) undergo such counselling and rehabilitation programme as
the day reporting officer may require;
(c) notify the day reporting officer of any change in the
offender’s address or employment status;
(d) give to the day reporting officer, upon the request of that
officer, any information relating to the offender’s daily
routine or whereabouts;
(e) comply with the requirements mentioned in section 342(1),
if any;
(f) not assault, threaten, insult or use abusive language to a
day reporting officer; and

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(g) comply with such other conditions which a court may

impose under section 341(5).

Community work orders

344.—(1) This section, and the other provisions in this Part, apply
to any offence under any Act or subsidiary legislation which is
prescribed under subsection (2).
(2) The Minister responsible for the administration of any Act (or
any part thereof) or any subsidiary legislation may prescribe any
offence under that Act (or any part thereof) or subsidiary legislation
to be an offence to which this section and the other provisions in this
Part apply.
(3) Subject to subsection (5), where an offender who is 16 years of
age or above is convicted of an offence prescribed under
subsection (2), and if the court by or before which he or she is
convicted is satisfied that it is expedient with a view to the offender’s
reformation that the offender be required to perform community work
that is associated with that offence, the court may make a community
work order requiring the offender to perform any unpaid community
work under the supervision of a community work officer.
(4) For the purposes of subsection (3), community work is
associated with an offence if the performance of that work will
promote in the offender a sense of responsibility for, and an
acknowledgment of, the harm that he or she has done by
committing that offence.
(5) A court must not make a community work order in respect of an
offender unless the court is satisfied that suitable arrangements can be
made for the offender to perform work under such order.
(6) The number of hours which an offender may be required to
work under a community work order must be specified in the order
and must not exceed the prescribed maximum hours of community
work which the offender may be required to perform under that order.
(7) A court may impose such conditions as it thinks fit when
making a community work order.
2020 Ed. Criminal Procedure Code 2010 275
(8) Before making a community work order, the court must explain
to the offender in ordinary language —
(a) the purpose and effect of the order (and in particular the
obligations of the offender as specified in section 345);
(b) the consequences which may follow if the offender fails to
comply with any of those obligations, or any conditions
imposed by the court under subsection (7); and
(c) that the court has the power, under section 351, to vary or
revoke the order on the application of the community work
officer.
(9) Where a court makes community work orders in respect of 2 or
more offences of which an offender has been convicted by or before
the court, the court may direct that the hours of work specified in any
of those orders be concurrent with or additional to the hours specified
in any of those orders, but so that the total number of hours which are
not concurrent does not exceed the maximum hours of community
work which the offender may be required to perform under any one of
those orders.
(10) Where any offence under any Act or subsidiary legislation is
prescribed by a Minister under subsection (2), that Minister, or any
public body under the charge of that Minister and with the Minister’s
approval, may appoint any person to be a community work officer for
the purpose of supervising the performance of work which an
offender may be required to perform under a community work order
made in relation to the offence prescribed under that subsection.
(11) Where any offence under any Act or subsidiary legislation is
prescribed by a Minister under subsection (2), that Minister, or any
public authority constituted by any written law under the charge of
that Minister and with the Minister’s approval, may —
(a) prescribe the minimum and maximum hours of community
work which an offender may be required to work under a
community work order made in relation to the offence
prescribed under that subsection;
(b) make provisions to allow a court, in a case where the
offence prescribed under subsection (2) is punishable with

31.12.2021
276 Criminal Procedure Code 2010 2020 Ed.

a sentence of fine, to make a community work order which

shall be in addition to, or in lieu of, the sentence of fine for
that offence; and
(c) make regulations, not inconsistent with the provisions of
this Part, to make further provisions for the manner in
which a community work order may be carried out by an
offender who may be required to work under the order
made in relation to the offence prescribed under that
subsection (including the imposition of additional
requirements and the service of any instructions or
notice on an offender in respect of whom such an order
has been made).
(12) If, in respect of any offence —
(a) a court sentences the offender to a fine in addition to
making a community work order; and
(b) the offender defaults on the payment of the whole or any
part of the fine,
the offender must serve the sentence under the community work
order, unless it is earlier revoked, before serving any sentence of
imprisonment in default of payment of the fine.

Obligations of offender subject to community work order

345. An offender in respect of whom a community work order is in
force must —
(a) perform, for the number of hours specified in the order,
such work and on such day and at such time and place as
the community work officer may require;
(b) notify the community work officer of any change of the
offender’s address;
(c) perform the community work in a satisfactory manner;
(d) not disturb or interfere with any other person participating
in or doing anything under a community work order;
(e) not assault, threaten, insult or use abusive language to a
community work officer;
2020 Ed. Criminal Procedure Code 2010 277
(f) comply with such other conditions which a court may
impose under section 344(7); and
(g) comply with any regulations made under
section 344(11)(c).

Community service orders

346.—(1) Subject to subsection (2), where an offender who is
16 years of age or above is convicted of an offence, and if the court by
or before which he or she is convicted is satisfied that it is expedient
with a view to the offender’s reformation that the offender makes
amends to the community for the offence by performing such work as
is specified in the Fifth Schedule, the court may make a community
service order requiring the offender to perform any unpaid
community service under the supervision of a community service
officer.
(2) A court must not make a community service order in respect of
an offender unless the court is satisfied that —
(a) based on the mental and physical condition of the offender,
he or she is a suitable person to perform community service
under such an order; and
(b) suitable arrangements can be made for the offender to
perform community service under such order.
(3) A court must, before making a community service order, call for
a report from a community service officer regarding the suitability of
an offender to perform community service under that order.
(4) To avoid doubt, a court may make a community service order
even though the report from the community service officer states that
the offender in respect of whom the community service order is to be
made is not suitable to perform community service under that order.
(5) The number of hours which an offender has to perform
community service under a community service order must be
specified in the order and must not exceed the prescribed
maximum hours of community service which the offender may be
required to perform under that order.

31.12.2021
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(6) A court may impose such conditions as it thinks fit when

making a community service order.
(7) Before making a community service order, the court must
explain to the offender in ordinary language —
(a) the purpose and effect of the order (and in particular the
obligations of the offender as specified in section 347);
(b) the consequences which may follow if the offender fails to
comply with any of those obligations, or any conditions
imposed by the court under subsection (6); and
(c) that the court has the power, under section 351, to vary or
revoke the order on the application of the community
service officer.
(8) Where a court makes community service orders in respect of
2 or more offences of which the offender has been convicted by or
before the court, the court may direct that the hours of community
service specified in any of those orders be concurrent with or
additional to the hours specified in any of those orders, but so that the
total number of hours which are not concurrent does not exceed the
maximum hours of community service which the offender may be
required to perform under any one of those orders.
(9) The Minister charged with the responsibility for the probation of
offenders may —
(a) appoint any person to be a community service officer for
the purposes of this section;
(b) prescribe the minimum and maximum hours of community
service which an offender is required to perform under a
community service order; and
(c) make regulations, not inconsistent with the provisions of
this Part, to make further provisions for the manner in
which a community service order may be performed
including the imposition of additional requirements and
the service of any instructions or notice on an offender in
respect of whom such an order has been made.
[25/2012]
2020 Ed. Criminal Procedure Code 2010 279
Obligations of offender subject to community service order
347. An offender in respect of whom a community service order is
in force must —
(a) perform, for the number of hours specified in the order,
such community service and on such day and at such time
and place as the community service officer may require;
(b) notify the community service officer of any change of the
offender’s address or occupation;
(c) perform the community service in a satisfactory manner;
(d) not disturb or interfere with any other person participating
in or doing anything under a community service order;
(e) not assault, threaten, insult or use abusive language to a
community service officer;
(f) comply with such other conditions which a court may
impose under section 346(6); and
(g) comply with any regulations made under section 346(9)(c).

Short detention orders

348.—(1) Where an offender who is 16 years of age or above is
convicted of an offence, and if the court by or before which he or she
is convicted is satisfied that having regard to the circumstances,
including the nature of the offence and the character of the offender, it
is expedient to do so, the court may make a short detention order
requiring the offender to be detained in prison for a period which
must not exceed 14 days.
(2) Sections 317 and 318 apply to a short detention order as if the
order were a sentence of imprisonment passed by the court.

Taking of security
349.—(1) A court making any community order (other than a short
detention order) under this Part may require the offender subject to
the order, or any other person, to furnish such security or to give such
undertaking as the court thinks fit in order to ensure that the offender
subject to the order complies with the order.

31.12.2021
280 Criminal Procedure Code 2010 2020 Ed.

(2) Any security must be given in such form and manner as the
court may determine and may be by bond, guarantee, cash deposit or
any other method, or by any 2 or more different methods.
(3) Where a security bond is furnished under this section, the
offender subject to the community order or any other person
furnishing the security bond (as the case may be) must comply
with the conditions specified in the security bond.

Forfeiture of security
350.—(1) If the court is satisfied that the offender subject to a
community order or any other person furnishing the security bond (as
the case may be) has failed to comply with any condition specified in
respect of any security bond furnished under section 349, the court
may direct the forfeiture of the security or any part thereof.
(2) The forfeiture of any security under this section does not
prejudice the taking of proceedings against any person under this
Part.
(3) Notice of the forfeiture of any security or any part thereof must
be given to the offender subject to a community order or any other
person furnishing the security bond, as the case may be.
(4) It is sufficient if the notice under subsection (3) is sent by
registered post to the last known address of the offender subject to the
community order or the other person, as the case may be.

Variation and revocation of community orders on grounds

other than breach thereof
351.—(1) Where a mandatory treatment order, day reporting order,
community work order or community service order is in force in
respect of an offender, a court may, on the application of the
appointed psychiatrist, day reporting officer, community work officer
or community service officer, respectively —
(a) vary the order (including reducing or extending the period
that the offender has to undergo psychiatric treatment,
report to a day reporting officer or perform community
work or community service) or the conditions or
2020 Ed. Criminal Procedure Code 2010 281
obligations thereof in such manner as the court thinks just
and expedient in the circumstances; or
(b) taking into account the extent to which the offender has
complied with the order, revoke the order and impose such
sentence which is provided for the offence or offences in
respect of which the order has been made.
(2) Where a court varies a mandatory treatment order under
subsection (1)(a) by extending the period the offender has to
undergo psychiatric treatment under the order, the period so
extended must not exceed 24 months from the date the order is
first in force.
(3) Where a court varies a day reporting order under
subsection (1)(a) by extending the period the offender has to report
to a day reporting officer under the order, the period so extended must
not exceed 12 months from the date the order is first in force.
(4) Where a court varies a community work order under
subsection (1)(a) by extending the number of hours the offender
has to perform community work under the order, the number of hours
so extended must not exceed the prescribed maximum hours of
community work which the offender may be required to work under
that order.
(5) Where a court varies a community service order under
subsection (1)(a) by extending the period the offender is required
to perform community service under the order, the period so extended
must not exceed the prescribed maximum hours of community
service which the offender may be required to perform under that
order.
(6) Where any application is made under subsection (1), the court
may fix a hearing date to determine whether or not to vary or revoke
the community order referred to in that subsection and may at any
time —
(a) issue a summons directing the offender subject to the
community order to appear before the court on a date and at
a time specified in the summons; or

31.12.2021
282 Criminal Procedure Code 2010 2020 Ed.

(b) where the court is satisfied that the offender may not
appear, issue a warrant for the arrest of the offender.
(7) Where an offender served with a summons issued under
subsection (6)(a) fails to attend before the court, the court may
issue a warrant for the arrest of the offender.
(8) The court may vary or revoke a mandatory treatment order
under subsection (1) on any of the following grounds:
(a) there has been a change of circumstances since the order
was made that would justify the variation or revocation of
the order;
(b) that in view of the progress the offender has made in the
treatment, such variation or revocation is warranted.
(9) The court may vary or revoke a day reporting order, community
work order or community service order under subsection (1) if such
variation or revocation is justified by any change of circumstances
since the order was made, or by the conduct of the offender who is
subject to the order.

Breach of community orders

352.—(1) An offender in respect of whom a mandatory treatment
order, day reporting order, community work order or community
service order is in force is in breach of the order if he or she, without
reasonable excuse, fails to comply with any of his or her obligations
under section 340, 343, 345 or 347, respectively.
(2) An offender is in breach of a short detention order if he or she
commits an aggravated prison offence as defined in section 73 of the
Prisons Act 1933 when there is in force in respect of him or her a short
detention order.
(3) Where a court receives information from an appointed
psychiatrist, a day reporting officer, a community work officer or a
community service officer that an offender in respect of whom a
mandatory treatment order, day reporting order, community work
order or community service order, respectively, is in force, is in
breach of the respective order, the court may fix a hearing date to
2020 Ed. Criminal Procedure Code 2010 283
determine whether the offender is in breach of a community order and
may at any time —
(a) issue a summons directing the offender to appear before
the court on a date and at a time specified in the summons;
or
(b) where the court is satisfied that the offender may not
appear, issue a warrant for the arrest of the offender.
(4) Where an offender served with a summons issued under
subsection (3)(a) fails to attend before the court, the court may
issue a warrant for the arrest of the offender.
(5) Subject to subsection (7), if it is proved to the satisfaction of a
court that an offender in respect of whom a mandatory treatment
order, day reporting order, community work order or community
service order is in force is in breach of the order —
(a) the court may, without affecting the continuance of the
order —
(i) issue a warning to the offender;
(ii) vary the order (including reducing or extending the
period that the offender has to undergo psychiatric
treatment, report to a day reporting officer or perform
community work or community service) or the
conditions or obligations thereof in such manner as
the court thinks just and expedient in the
circumstances; or
(iii) impose on the offender a fine not exceeding $1,000;
(b) subject to paragraph (c), the court may, taking into account
the extent to which the offender has complied with the
order, revoke the order and impose such sentence which is
provided for the offence or offences in respect of which the
order has been made; or
(c) where the order was made in respect of an offence after the
court had imposed and suspended under section 337(6) a

31.12.2021
284 Criminal Procedure Code 2010 2020 Ed.

sentence of imprisonment for that offence, the court must

revoke the order.
[19/2018]

(6) Where an offender is in breach of a short detention order, a court

may, on the application of the Commissioner of Prisons or any person
authorised by the Commissioner of Prisons, revoke the order and,
taking into account the period the offender has been detained under
that order, impose such sentence which is provided for the offence or
offences in respect of which the order has been made.
[1/2014]

(7) If it is proved to the satisfaction of a court that an offender in

respect of whom a day reporting order, community work order or
community service order is in force is in breach of the order, the court
may, without affecting the continuance of the order, make an order for
the offender to be detained in prison for a period which must not
exceed 14 days.
(8) Sections 317 and 318 apply to an order made under
subsection (7) as if the order were a sentence of imprisonment
passed by the court.
(9) Where a court varies a mandatory treatment order under
subsection (5)(a)(ii) by extending the period the offender has to
undergo psychiatric treatment under the order, the period so extended
must not exceed 36 months from the date the order is first in force.
[19/2018]

(10) Where a court varies a day reporting order under

subsection (5)(a)(ii) by extending the period the offender has to
report to a day reporting officer under the order, the period so
extended must not exceed 12 months from the date the order is first in
force.
(11) Where a court varies a community work order under
subsection (5)(a)(ii) by extending the number of hours the offender
has to perform community work under the order, the number of hours
so extended must not exceed the prescribed maximum hours of
community work which the offender may be required to work under
that order.
2020 Ed. Criminal Procedure Code 2010 285
(12) Where a court varies a community service order under
subsection (5)(a)(ii) by extending the period the offender is
required to perform community service under the order, the period
so extended must not exceed the prescribed maximum hours of
community service which the offender may be required to perform
under that order.
(13) If it is proved to the satisfaction of a court that an offender in
respect of whom a mandatory treatment order, day reporting order,
community work order or community service order is in force is in
breach of the order, and the offender is serving any other community
order at the time of the breach —
(a) the offender is deemed to be in breach of all the community
orders; and
(b) the court must deal with the offender in accordance with
subsection (5) in relation to the breach of each of those
community orders.

Commission of offence before community order is in force

353.—(1) Where —
(a) an offender, in respect of whom a community order is in
force, is convicted, while the order is in force, of one or
more offences committed before the date that the order is
in force; and
(b) the powers of a court to make community orders which are
conferred by this Part are exercisable by the court in
respect of that offence or those offences,
the court may make a community order in respect of that offence or
those offences, or it may sentence the offender to any punishment
which is prescribed for that offence or those offences.
(2) If instead of making a community order, a court sentences an
offender in respect of whom a community order is in force to
imprisonment under subsection (1), the offender must thereafter be
dealt with in accordance with section 354 as if he or she had been
convicted and dealt with by a court for an offence or offences

31.12.2021
286 Criminal Procedure Code 2010 2020 Ed.

committed during the period when a community order is in force in

respect of him or her.
(3) If instead of making a community order, a court sentences an
offender in respect of whom a community order is in force to a fine
under subsection (1) without imposing any term of imprisonment, the
offender —
(a) if he or she pays the fine amount, must continue serving the
sentence under the community order; or
(b) if he or she defaults on paying the fine amount, must
continue serving the sentence under the community order
before serving any sentence of imprisonment imposed by
the court for the default.
(4) Where —
(a) an offender, in respect of whom a community order is in
force, is convicted, while the order is in force, of one or
more offences committed before the date that the order is
in force; and
(b) the powers of a court to make community orders which are
conferred by this Part are not exercisable by the court in
respect of that offence or those offences,
the court must sentence the offender to any punishment which is
prescribed for that offence or those offences and the offender must
thereafter be dealt with in accordance with section 354 as if the
offender had been convicted and dealt with by a court for an offence
or offences committed during the period when a community order
was in force in respect of him or her.

Commission of further offence

354.—(1) If it appears to a judge to whom jurisdiction is granted
under subsection (3) that an offender has been convicted by any court
of one or more offences committed during the period when a
community order is in force in respect of the offender, and has been
dealt with in respect of that offence or those offences, the judge may
fix a hearing date to determine if the offender has been so convicted
and dealt with and may issue a summons requiring the offender to
2020 Ed. Criminal Procedure Code 2010 287
appear at the place and time specified therein, or may issue a warrant
for the offender’s arrest.
(2) A Magistrate may not issue a warrant under subsection (1)
except on information in writing.
(3) The following persons have jurisdiction for the purposes of
subsection (1):
(a) if the community order was made by the General Division
of the High Court, a Judge;
(b) if the community order was made by a District Court, a
District Judge;
(c) if the community order was made by a Magistrate’s Court,
a Magistrate.
[40/2019]

(4) A summons or warrant issued under this section must direct the
offender so convicted to appear or be brought before the court which
made the community order.
(5) If an offender in respect of whom a community order has been
made by the General Division of the High Court or District Court is
convicted and dealt with by any Magistrate’s Court in respect of any
offence or offences committed during the period when the
community order is in force in respect of the offender, the
Magistrate’s Court may commit the offender to custody or release
him or her on bail or personal bond until he or she can be brought or
appears before the court by which the community order has been
made; and if he or she does so the Magistrate’s Court must send to the
General Division of the High Court or the District Court (as the case
may be) a copy of the minute or memorandum of the conviction
entered in the register, signed by the Magistrate.
[19/2018; 40/2019]

(6) Where a community order has been made by a court in respect

of an offender, and it is proved to the satisfaction of the court that the
offender has been convicted and dealt with in respect of any offence
committed during the period when the community order is in force,
the court —

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288 Criminal Procedure Code 2010 2020 Ed.

(a) in any case where the community order was made in

respect of an offence after the court had imposed and
suspended under section 337(6) a sentence of
imprisonment for that offence — must revoke the
community order; or
(b) in any other case — may, taking into account the extent to
which the offender has complied with the community
order, revoke the community order and impose any
sentence that is prescribed for the offence in respect of
which the community order has been made.
[19/2018]

(7) If a Magistrate’s Court has made a community order in respect

of an offender, and the offender is convicted before the General
Division of the High Court, a District Court or any other Magistrate’s
Court of an offence committed during the period when the
community order is in force, the General Division of the High
Court, District Court or other Magistrate’s Court (as the case may
be) —
(a) in any case where the community order was made in
respect of an offence after the firstmentioned Magistrate’s
Court had imposed and suspended under section 337(6) a
sentence of imprisonment for that offence — must revoke
the community order; or
(b) in any other case — may, taking into account the extent to
which the offender has complied with the community
order, revoke the community order and impose any
sentence that is prescribed for the offence in respect of
which the community order has been made.
[19/2018; 40/2019]
2020 Ed. Criminal Procedure Code 2010 289
PART 18
COMPENSATION AND COSTS
Order for payment of costs by accused and order for payment
of costs incurred by accused in accused’s defence
355.—(1) The court before which a person is convicted of an
offence may, in its discretion and if satisfied that the defence of the
person was conducted in an extravagant and unnecessary manner,
make an order for costs, of an amount fixed by the court, to be paid by
the person to any other party to the proceedings in which the person is
convicted of the offence.
[19/2018]

(2) If an accused is acquitted of any charge for any offence, and if it

is proved to the satisfaction of the court that the prosecution was
frivolous or vexatious, the court may order the prosecution or the
complainant or the person on whose information the prosecution was
instituted to pay full costs, charges and expenses incurred by the
accused in and for the accused’s defence, to be taxed by the Registrar
of the Supreme Court or the Registrar of the State Courts, as the case
may be.
[5/2014]

(3) The court may direct that either an order for payment of costs
under subsection (1) or an order for payment of compensation under
section 359(1) be paid in priority to the other, and if no direction is
given, the order for payment of costs takes priority over the order for
payment of compensation.

Costs ordered by Court of Appeal or General Division of High

Court
356.—(1) The Court of Appeal or the General Division of the High
Court, in the exercise of its powers under Part 20, may —
(a) on its own motion, make an order for costs to be paid by
any party to any other party as the Court of Appeal or the
General Division of the High Court thinks fit; or
(b) on the application of any party, make an order for costs, of
such amount as the Court of Appeal or the General

31.12.2021
290 Criminal Procedure Code 2010 2020 Ed.

Division of the High Court thinks fit, to be paid to that

party by any other party.
[19/2018; 40/2019]

(2) Where the Court of Appeal or the General Division of the High
Court makes any order for costs to be paid by the prosecution to an
accused, the Court of Appeal or the General Division of the High
Court must be satisfied that the conduct of the matter under Part 20 by
the prosecution was frivolous or vexatious.
[40/2019]

(3) Before the Court of Appeal or the General Division of the High
Court makes any order for costs to be paid by an accused to the
prosecution, the Court of Appeal or the General Division of the High
Court must be satisfied that —
(a) the commencement, continuation or conduct of the matter
under Part 20 by the accused was an abuse of the process of
the Court; or
(b) the conduct of the matter under Part 20 by the accused was
done in an extravagant and unnecessary manner.
[19/2018; 40/2019]

(4) If the prosecution applies to the Court of Appeal or the General

Division of the High Court for an order for the costs of any matter
under Division 1B of Part 20 to be paid by an accused to the
prosecution on the ground that the commencement, continuation or
conduct of that matter by the accused was an abuse of the process of
the Court, the Court of Appeal or the General Division of the High
Court must state whether it is satisfied that the commencement,
continuation or conduct of that matter by the accused was an abuse of
the process of the Court.
[19/2018; 40/2019]

Costs against defence counsel

357.—(1) Where it appears to a court that costs have been incurred
unreasonably or improperly in any proceedings (for example, by
commencing, continuing or conducting a matter the commencement,
continuation or conduct of which is an abuse of the process of the
Court) or have been wasted by a failure to conduct proceedings with
reasonable competence and expedition, the court may make against
2020 Ed. Criminal Procedure Code 2010 291
any advocate whom it considers responsible (whether personally or
through an employee or agent) an order —
(a) disallowing the costs as between the advocate and his or
her client; or
(b) directing the advocate to repay to his or her client costs
which the client has been ordered to pay to any person.
[19/2018]

(1A) If the Court of Appeal or the General Division of the High

Court makes an order under subsection (1)(a) or (b) in respect of any
proceedings for a matter under Division 1B of Part 20, and the
prosecution has applied to the Court of Appeal or the General
Division of the High Court for an order for the costs of that matter to
be paid to the prosecution on the ground that the commencement,
continuation or conduct of that matter was an abuse of the process of
the Court, the Court of Appeal or the General Division of the High
Court must state whether it is satisfied that the commencement,
continuation or conduct of that matter was an abuse of the process of
the Court.
[19/2018; 40/2019]

(2) No order under this section may be made against an advocate

unless he or she has been given a reasonable opportunity to appear
before the court and show cause why the order should not be made.

Costs awarded against Public Prosecutor

358.—(1) Costs awarded against the Public Prosecutor are to be
paid out of the Consolidated Fund and costs awarded to and received
by the Public Prosecutor are to be paid into the Consolidated Fund.
(2) The Public Prosecutor is not personally liable for any costs
awarded against him or her.

Order for payment of compensation

359.—(1) The court before which a person is convicted of any
offence must, after the conviction, consider whether or not to make an
order for the payment by that person of a sum to be fixed by the court
by way of compensation to the person injured, or his or her

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representative, in respect of his or her person, character or property

by —
(a) the offence or offences for which the sentence is passed;
and
(b) any offence that has been taken into consideration for the
purposes of sentencing only.
(2) If the court is of the view that it is appropriate to make such an
order mentioned in subsection (1), it must do so.
(3) If an accused is acquitted of any charge for any offence, and if it
is proved to the satisfaction of the court that the prosecution was
frivolous or vexatious, the court may order the prosecution or the
complainant or the person on whose information the prosecution was
instituted to pay as compensation to the accused a sum not exceeding
$10,000.
(4) Any order for compensation made under subsection (1) does not
affect any right to a civil remedy for the recovery of any property or
for the recovery of damages beyond the amount of compensation paid
under the order, but any claim by a person or the person’s
representative for civil damages in respect of the same injury
arising from the offence, is deemed to have been satisfied to the
extent of the amount paid to the person under an order for
compensation.
(5) The order for compensation made under subsection (3) does not
affect any right to a claim for civil damages for malicious prosecution
or false imprisonment beyond the amount of compensation paid
under the order, but any claim by the accused for civil damages in
respect of the malicious prosecution or false imprisonment is deemed
to have been satisfied to the extent of the amount paid to the accused
under an order for compensation.

Provisions as to money payable as compensation

360.—(1) Subject to the provisions of this Code, where any person
is, under this Code, for any reason whatsoever, ordered to pay any
sum of money by way of compensation, the court making the order
2020 Ed. Criminal Procedure Code 2010 293
may at any time before that sum has been paid in full, in its discretion,
do all or any of the following things:
(a) allow and extend time for the payment of that sum;
(b) direct payment to be made of that sum by instalments;
(c) order the attachment of any property, movable or
immovable, belonging to the person —
(i) by seizure of such property which may be sold and
the proceeds applied towards the payment of that
sum; or
(ii) by appointing a receiver who is at liberty to take
possession of and sell such property and apply the
proceeds towards the payment of that sum;
(ca) direct any person who owes money to the person ordered to
pay compensation to pay the court the amount of that debt
due or accruing or the amount that is sufficient to pay off
the compensation sum;
(d) direct that in default of payment of the compensation sum,
that person must suffer imprisonment for a certain term,
which imprisonment must be consecutive with any other
imprisonment to which that person may be sentenced or to
which that person may be liable under a commutation of
sentence;
(e) direct that that person be searched, and that any money
found on that person when so searched or which, in the
event of that person being committed to prison, may be
found on him or her when taken to prison, is to be applied
towards the payment of that sum; the surplus (if any) being
returned to him or her.
[33/2012]

(2) Before allowing time for payment of any sum under

subsection (1)(a) or directing payment of it to be made by
instalments under subsection (1)(b), the court may require that
person to execute a bond with or without sureties on condition that
that person pays that sum or the instalments (as the case may be) on
the day or days directed; and if that sum or any instalment is not paid

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as ordered, then the whole of that sum remaining unpaid becomes due
and payable and the court may issue a warrant for the person’s arrest.
(3) Any money found on a person under subsection (1)(e) must not
be so applied if the court is satisfied that the money does not belong to
the person on whom it was found.
(4) The term for which the court directs that person to be
imprisoned in default of payment of the compensation sum must
not exceed the following scale:
(a) when the money to be paid does not exceed $50, the
imprisonment may be for any term not exceeding
2 months;
(b) when the money to be paid exceeds $50 but does not
exceed $100, the imprisonment may be for any term not
exceeding 4 months;
(c) in any other case, the imprisonment may be for a term not
exceeding 6 months.
(5) The imprisonment which the court imposes under this section
terminates whenever the money is paid or levied by process of law.
(6) If before the end of the period of imprisonment imposed in
default of payment of the compensation sum, such a proportion of the
money is paid or levied that the time of imprisonment already
suffered in default of payment of the compensation sum is at least
equivalent to the part of the sum still unpaid, then the imprisonment
must end.
(7) If the person fails to pay the court the amount which the person
is directed to pay under subsection (1)(ca), it is recoverable as though
it were a judgment debt due to the court.
[33/2012]

(8) Any person may, not later than 7 days after the date of the
seizure of any property under subsection (1)(c)(i) or the taking of
possession of any property by the receiver under subsection (1)(c)(ii)
(as the case may be), make a claim against that property by applying
to the court for the property to be excluded from the order of
2020 Ed. Criminal Procedure Code 2010 295
attachment issued under subsection (1)(c) and the court is to make
such order as it sees fit.
[33/2012]

Costs recoverable as judgment debt

361. Any order for costs made under this Part is recoverable as a
judgment debt.

Reward for unusual exertions and compensation for family of

person killed in arresting
362.—(1) Where the court, whether on its own motion or the Public
Prosecutor’s application, considers that a person has shown unusual
courage, diligence or effort in the arrest of a person accused of having
committed, attempted or abetted an offence punishable with death or
imprisonment, then the court may order payment to the person out of
the Consolidated Fund of a sum of not more than $500.
(2) If a person is killed in trying to arrest or to keep in lawful
custody any accused referred to in subsection (1), the Minister may
order payment from the Consolidated Fund to the wife, husband,
parent or child of the deceased of such money as appears reasonable
compensation for the death.

Court may order payment of expenses of witnesses

363. A court holding any inquiry or trial under this Code which is
conducted by the Public Prosecutor or by any officer of a public body,
may, at its discretion, order payment out of the Consolidated Fund to
any of the witnesses of the expenses they have incurred individually
in attending that court, and compensation for their trouble and loss of
time, subject to the Criminal Procedure Rules.
[19/2018]

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296 Criminal Procedure Code 2010 2020 Ed.

PART 19
DISPOSAL OF PROPERTY
Order for disposal of property by court
364.—(1) During or at the conclusion of any inquiry or trial under
this Code, the court may make an order as it thinks fit for the disposal
of any property produced before it.
(2) Subject to any provisions on forfeiture, confiscation,
destruction or delivery in any other written law under which
property may be seized, a court may, during or at the conclusion of
any criminal proceeding under this Code, make an order as it thinks
fit for the disposal of any property —
(a) in respect of which an offence is or was alleged to have
been committed or which has been used or is intended to
have been used for the commission of any offence or which
constitutes evidence of an offence; and
(b) which is produced before the court or is in the court’s
custody or the custody of a police officer or any other
person who has seized the property pursuant to any law.
(3) If an order is made under this section in a case in which an
appeal lies, the order must not, except where the property is
perishable, be carried out until the period allowed for the appeal
has lapsed or the appeal has been dealt with.
(4) In this section, “property” includes not only property that was
originally in the possession or under the control of a party to the case,
but also property into or for which it has been converted or exchanged
and anything acquired by this conversion or exchange, whether
immediately or later.

Direction instead of order

365. Instead of itself making an order under section 364, a court
may direct the property to be delivered to a Magistrate who must deal
with it under section 364 as if it were property produced in
proceedings before a Magistrate’s Court.
2020 Ed. Criminal Procedure Code 2010 297
Payment to innocent person of money in possession of
convicted person
366.—(1) Where a person is convicted of an offence that includes
or amounts to theft or receiving stolen property, and it is proved that
another person had bought the stolen property from the convicted
person without knowing or having reason to believe that it was stolen,
the court may, on application by the purchaser and after restoring the
stolen property to its rightful owner, order that a sum not exceeding
the price paid by the purchaser be given to the purchaser out of any
money in the possession of the convicted person.
(2) Any order made under this section does not affect any right to a
civil remedy for the recovery of any property or for the recovery of
damages beyond the sum paid under the order, but any claim by a
person or the person’s representatives for civil damages in respect of
the purchase of stolen property arising from the offence, is deemed to
have been satisfied to the extent of the amount paid to the person
under that order.

Stay of order
367. The General Division of the High Court may direct an order
under section 364, 365 or 366 made by a Magistrate’s Court or
District Court to be stayed pending consideration by the General
Division of the High Court and may modify, alter or annul that order.
[40/2019]

Destruction of libellous and other matter

368.—(1) On a conviction under section 292, 293, 500, 501 or 502
of the Penal Code 1871, the court may order the destruction of any
object, matter, substance, or any other property (including any copy
of such property in any media) in respect of which the conviction was
had and which is in the custody of a police officer or the court, or
which remains in the possession or power of the person convicted.
(2) On a conviction under section 272, 273, 274 or 275 of the Penal
Code 1871, the court may order the destruction of the food, drink,
drug or medical preparation in respect of which the conviction was
had and which is in the custody of a police officer or the court, or
which remains in the possession or power of the person convicted.

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Restoration of possession of immovable property

369.—(1) Where a person is convicted of an offence involving
criminal force and it appears to the court that by that force another
person has been dispossessed of any immovable property, the court
may order the possession of it to be restored to that other person.
(2) Such an order does not affect any right or interest to or in that
immovable property which a person may be able to establish in a civil
suit.

Procedure governing seizure of property

370.—(1) If a law enforcement officer seizes any property in the
exercise of any power under section 35 or 78, the law enforcement
officer must make a report of the seizure to the relevant court at the
earlier of the following times:
(a) when the law enforcement officer considers that the
property is not relevant for the purposes of any
investigation, inquiry, trial or other proceeding under any
written law;
(b) one year after the date of seizure of the property.
[19/2018]

(2) Subject to subsection (3), and to any provisions on forfeiture,

confiscation, destruction or delivery in any other written law under
which property may be seized, the relevant court must, upon
receiving a report mentioned in subsection (1), make such of the
following orders as may be applicable:
(a) in any case where the property consists of a computer and
any data stored in the computer, and the relevant court is
satisfied that an offence was committed in respect of the
data, or that the data was used or intended to be used to
commit an offence — an order for —
(i) the deletion of the data from the computer, and the
delivery of the computer (after the deletion of the
data) to the person entitled to possession of the
computer; or
2020 Ed. Criminal Procedure Code 2010 299
(ii) if that person cannot be ascertained, the deletion of
the data from the computer, and the custody and
production of the computer (after the deletion of the
data);
(b) in any case where the relevant court is satisfied that an
offence was committed in respect of the property, or that
the property was used or intended to be used to commit an
offence — such order as the relevant court thinks fit for the
disposal of the property;
(c) in any case where the relevant court is satisfied that the
property consists of anything into which any property
mentioned in paragraph (b) has been converted, anything
for which any property mentioned in paragraph (b) has
been exchanged, or anything acquired (whether
immediately or later) by this conversion or exchange —
such order as the relevant court thinks fit for the disposal of
the property;
(d) in any case where the relevant court is satisfied that the
property does not consist of any property mentioned in
paragraph (a), (b) or (c), and the person entitled to
possession of the property consents to the use of the
property for compensation or restitution, or to the
forfeiture of the property — such order as the relevant
court thinks fit for the disposal of the property;
(e) in any other case, an order relating to —
(i) the delivery of the property to the person entitled to
possession of the property; or
(ii) if that person cannot be ascertained, the custody and
production of the property.
[19/2018]

(3) The relevant court must not dispose of the property if —

(a) there is any pending court proceeding under any written
law in relation to the property; or

31.12.2021
300 Criminal Procedure Code 2010 2020 Ed.

(b) the relevant court is satisfied that the property is relevant

for the purposes of any investigation, inquiry, trial or other
proceeding under any written law.
[19/2018]

(4) Where the relevant court is not a Magistrate’s Court, the

relevant court may, instead of making an order under subsection (2),
direct that the property be delivered to a Magistrate, who must deal
with the property in accordance with subsection (2) as if the report
mentioned in subsection (1) was made to a Magistrate’s Court.
[19/2018]

(5) On and after 31 October 2018 —

(a) this section applies to any property seized or taken before
that date, under section 370(1) of this Code as in force
immediately before that date, or under section 35 or 78 —
if no Magistrate’s Court has exercised, in relation to that
property, any power under section 370 of this Code as in
force immediately before that date;
(b) this section applies to any report made before that date,
under section 370(1) of this Code as in force immediately
before that date, of the seizure of any property, as if that
report had been made under subsection (1) — if no
Magistrate’s Court has exercised, in relation to that
property, any power under section 370 of this Code as in
force immediately before that date; and
(c) section 370 of this Code as in force immediately before
that date continues to apply, in every case where a
Magistrate’s Court has exercised before that date any
power under that section, as if this section had not been
enacted.
[19/2018]

(6) In this section and sections 371 and 372 —

“law enforcement officer” means —
(a) a police officer;
(b) an officer of the Central Narcotics Bureau;
2020 Ed. Criminal Procedure Code 2010 301
(c) an immigration officer appointed under section 3 of
the Immigration Act 1959;
(d) a Commercial Affairs Officer appointed under
section 64 of the Police Force Act 2004;
(e) a public officer appointed as the Director, a deputy
director, an assistant director or a special investigator
of the Corrupt Practices Investigation Bureau; or
(f) any other officer, of a prescribed law enforcement
agency;
“relevant court” means —
(a) in any case where the property was seized for the
purposes of a particular inquiry, trial or
proceeding — the court before which that inquiry,
trial or proceeding is held; or
(b) in any other case, a Magistrate’s Court.
[19/2018]

Procedure when person entitled to property is known

371.—(1) If the person entitled to the property mentioned in
section 370 is known, the relevant court must cause a notice to be
served on that person instructing that person to take delivery of the
property within the period specified in the notice which must be at
least 48 hours after the date of service of the notice.
[19/2018]

(2) Section 116 applies as nearly as may be practicable to the

procedure governing the service of the notice mentioned in
subsection (1) as if a summons were a notice.
(3) If the person entitled to the property mentioned in section 370
fails to take delivery of the property within the period specified in the
notice mentioned in subsection (1), the relevant court may, after one
month from the expiry of that period, cause the property to be sold.
[19/2018]

(4) Despite the other provisions in this section, if the property is

perishable or if, in the opinion of the relevant court, its value is less

31.12.2021
302 Criminal Procedure Code 2010 2020 Ed.

than $500, the relevant court may cause the property to be sold at any
time.
[19/2018]

(5) The relevant court must cause the net proceeds of the sale under
subsection (3) or (4) to be paid, on demand, to the person entitled.
[19/2018]

Procedure when person entitled to property is unknown or

cannot be found
372.—(1) If the person entitled to the property mentioned in
section 370 is unknown or cannot be found, the relevant court may
direct that it be detained in police custody and the Commissioner of
Police must, in that case, issue a public notice, specifying the articles
of which the property consists and requiring any person who has a
claim to it to appear before the Commissioner of Police and establish
the person’s claim within 6 months from the date of the public notice.
[19/2018]

(2) Every notice under subsection (1) must be published in the

Gazette or any daily newspaper if, in the opinion of the
Commissioner of Police, the value of the property is at least $1,000.
(3) If no person establishes a claim to the property within one
month from the publication of a notice under subsection (1) and if the
person in whose possession the property was found cannot show the
person had legally acquired it, then the property may be sold on the
order of the Commissioner of Police.
(4) Despite subsection (3), if property detained in police custody
under this section is perishable or is, in the opinion of the
Commissioner of Police, worth less than $1,000, or if keeping it
involves unreasonable expense or inconvenience, then the property
may be sold at any time and this section applies, as nearly as may be
practicable, to the net proceeds of the sale.
(5) If no person has established a claim to the property within
6 months from the publication of the notice mentioned in
subsection (1), the ownership of the property or (if sold) its net
proceeds pass to and vest in the Government absolutely.
2020 Ed. Criminal Procedure Code 2010 303
(6) If a person establishes the person’s claim to the property within
6 months from the publication of the notice mentioned in
subsection (1), and the property has already been sold by the
Commissioner of Police, that person is only entitled to the net
proceeds.
(7) In respect of property to which the person entitled is unknown or
cannot be found, the relevant court may order the property to be
destroyed or otherwise disposed of at any time if in its opinion —
(a) the property is of no appreciable value; or
(b) its value is so small as to —
(i) make its sale impracticable; or
(ii) make the keeping of it in police custody
unreasonably expensive or inconvenient.
[19/2018]

PART 20
APPEALS, POINTS RESERVED, REVISIONS AND
CRIMINAL MOTIONS
Division 1 — Appeals
Interpretation of this Part
373. In this Part —
“appellate court” —
(a) means any court when exercising its appellate
criminal jurisdiction; and
(b) includes, for the purposes only of Division 1B, the
Court of Appeal when exercising its jurisdiction
under Division 1A or section 397;
“trial court” means any court when exercising its original
criminal jurisdiction.
[19/2018]

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When appeal may be made

374.—(1) An appeal against any judgment, sentence or order of a
court, or any decision of the General Division of the High Court
mentioned in section 149M(1), may only be made as provided for by
this Code or by any other written law.
[19/2018; 40/2019]

(2) An appeal may lie on a question of fact or a question of law or

on a question of mixed fact and law.
(3) An appeal by the Public Prosecutor is to be against the acquittal
of an accused or the sentence imposed on an accused or an order of
the trial court.
(4) An appeal by a person convicted by a trial court is to be against
the person’s conviction, the sentence imposed on the person or an
order of the trial court.
(4A) No appeal may lie against the conviction of an accused of any
offence by a trial court until after the trial court imposes a sentence in
relation to that offence.
[33/2012]

(5) No appeal may lie against any order made by a Magistrate, a

District Judge, the Registrar of the State Courts or the Registrar of the
Supreme Court in any criminal case disclosure conference held under
Part 9 or 10.
[5/2014]

(6) To avoid doubt, any appeal against a decision of the General

Division of the High Court is to be made to the Court of Appeal (and
not to the Appellate Division of the High Court).
[40/2019]

Limited right of appeal against plea of guilty

375. An accused who has pleaded guilty and has been convicted on
that plea in accordance with this Code may appeal only against the
extent or legality of the sentence.

Appeal against acquittal and sentence in private prosecutions

376.—(1) Where in any prosecution by a private person —
(a) an accused has been acquitted by a court; or
2020 Ed. Criminal Procedure Code 2010 305
(b) an accused has been convicted and sentenced by a court,
there is to be no appeal against the acquittal or the sentence (as the
case may be) by the private person.
(2) The Public Prosecutor may appeal against any judgment,
sentence or order of a court in a private prosecution or may, by
fiat, and on such terms and conditions as the Public Prosecutor thinks
fit, permit a private person to pursue such appeal.

Procedure for appeal

377.—(1) Subject to sections 374, 375 and 376, a person who is not
satisfied with any judgment, sentence or order of a trial court in a
criminal case or matter to which the person is a party may appeal to
the appellate court against that judgment, sentence or order in respect
of any error in law or in fact, or in an appeal against sentence, on the
ground that the sentence imposed is manifestly excessive or
manifestly inadequate.
(2) A notice of appeal against any judgment, sentence or order of
the trial court must be lodged by the appellant with the Registrar of
the Supreme Court (if the trial court is the General Division of the
High Court) or the Registrar of the State Courts (if the trial court is a
District Court or a Magistrate’s Court) —
(a) in the case of an appeal against conviction, or an appeal
against conviction and sentence, within 14 days after the
date of the sentence; and
(b) in any other case, within 14 days after the date of the
judgment, sentence or order.
[33/2012; 5/2014; 40/2019]

(3) Every notice of appeal must —

(a) state shortly the substance of the judgment, sentence or
order appealed against;
(b) contain an address at which any notice or document
connected with the appeal may be served upon the
appellant or upon the appellant’s advocate; and
(c) unless it is given orally under section 381, be signed by the
appellant or the appellant’s advocate.

31.12.2021
306 Criminal Procedure Code 2010 2020 Ed.

(4) In the case of an appeal by the Public Prosecutor under this Part
against the judgment, sentence or order of the General Division of the
High Court hearing a criminal case, the notice of appeal must be
signed by the Public Prosecutor only.
[40/2019]

(5) After the notice of appeal has been lodged in accordance with
subsection (2) by an appellant who is an accused or a complainant, the
Registrar of the Supreme Court (if the trial court is the General
Division of the High Court) or the Registrar of the State Courts (if the
trial court is a Magistrate’s Court or District Court) must, as soon as
possible, serve on the appellant or the appellant’s advocate at the
address mentioned in the notice of appeal, a notice that a copy each of
the record of proceedings and the grounds of decision are available
and can be had on applying for the same.
[5/2014; 40/2019]

(6) Subject to subsection (6A), where an appellant makes an

application pursuant to subsection (5), the appellant must be served
with a copy each of the record of proceedings and the grounds of
decision upon the payment of the prescribed fee.
(6A) The Registrar of the State Courts or the Registrar of the
Supreme Court (as the case may be) may, as he or she thinks fit,
furnish copies of the record of proceedings and the grounds of
decision free of charge in any specific case or category of cases.
[5/2014]

(7) After the notice of appeal has been lodged in accordance with
subsection (2) by an appellant who is the Public Prosecutor, the
Registrar of the Supreme Court (if the trial court is the General
Division of the High Court) or the Registrar of the State Courts (if the
trial court is a Magistrate’s Court or District Court) must, as soon as
possible, serve on the Public Prosecutor a copy each of the record of
proceedings and the grounds of decision free of charge.
[5/2014; 40/2019]

Petition of appeal
378.—(1) Within 14 days after service of the record of proceedings
and the grounds of decision under section 377(6) or (7), the appellant
or the appellant’s advocate must lodge a petition of appeal with the
Registrar of the Supreme Court (if the trial court is the General
2020 Ed. Criminal Procedure Code 2010 307
Division of the High Court) or Registrar of the State Courts (if the
trial court is a Magistrate’s Court or District Court).
[5/2014; 40/2019]

(2) The petition of appeal must be signed by the appellant or the

appellant’s advocate and must state briefly the substance of the
judgment, sentence or order appealed against and must contain
sufficient particulars of any points of law or of fact in respect of
which the appellant claims the trial court was in error.
(3) Subject to section 380, if a petition of appeal is not lodged
within the time provided under this section, the appeal will be treated
as withdrawn.
(4) At any time before the petition of appeal is lodged, the appellant
may file with the Registrar of the Supreme Court (if the trial court is
the General Division of the High Court) or the Registrar of the State
Courts (if the trial court is a Magistrate’s Court or District Court), a
notice of discontinuance of the appeal, and if the appellant does so,
the appellant must serve the notice on the other party to the appeal on
the date of the filing.
[5/2014; 40/2019]

(5) The appellant may, after the appellant had lodged a petition of
appeal within the time provided under this section, in a notice in
writing to the Registrar of the Supreme Court seek leave of court to
withdraw the appeal.
(5A) Where every party to the appeal consents to the withdrawal of
the appeal, the court may summarily give leave to withdraw the
appeal by an order under the hand of a Judge sitting in the Court of
Appeal or a Judge, without the appeal being set down for hearing.
[19/2018; 40/2019]

(6) Except with the leave of the appellate court, the appellant is not
permitted, on the hearing of the appeal, to rely on any ground of
appeal other than those set out in the petition of appeal.
(7) Upon withdrawal or discontinuance of any appeal, the Registrar
of the Supreme Court must notify the Registrar of the State Courts (if
the trial court is a Magistrate’s Court or District Court) accordingly
and any stay of execution immediately ceases to have effect.
[5/2014]

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308 Criminal Procedure Code 2010 2020 Ed.

Records of court proceedings to be sent to appellate court and

respondent
379. Where the petition of appeal has been filed under section 378,
the trial court appealed from must send to the appellate court and the
Public Prosecutor or to the respondent or the respondent’s advocate
(as the case may be) a signed copy of the record of the proceedings,
the grounds of decision, a copy of the notice of appeal and the petition
of appeal.

Appeal specially allowed in certain cases

380.—(1) The appellate court may, on the application of any person
debarred from appealing for non-compliance with any provision of
this Code, permit the person to appeal against any judgment, sentence
or order if it considers it to be in the interests of justice, subject to
such terms and conditions as the court thinks fit.
(2) The appellate court may, on the application of the accused or the
accused’s advocate, or the Public Prosecutor, permit an appeal to
proceed to hearing without the grounds of decision, if the court
considers it to be in the interest of justice and for reasons beyond the
control of either party, subject to such terms and conditions as the
court thinks fit.

Procedure when appellant in prison

381.—(1) If the appellant is in prison, he or she is deemed to have
complied with the requirements in sections 377 and 378 if he or she
gives to the officer in charge of the prison, either orally or in writing, a
notice of appeal and the particulars to be included in the petition of
appeal within the times prescribed by those sections.
(2) Such officer must immediately forward such notice and petition
or their purport to the Registrar of the Supreme Court or the Registrar
of the State Courts, as the case may be.
[5/2014]
2020 Ed. Criminal Procedure Code 2010 309
Bail pending appeal
382. A State Court or the General Division of the High Court may
grant bail to a person who has filed a notice of appeal against the
person’s conviction or sentence in accordance with section 377.
[5/2014; 40/2019]

Stay of execution pending appeal

383.—(1) An appeal does not operate as a stay of execution, but the
trial court and the appellate court may stay execution on any
judgment, sentence or order pending appeal, on any terms as to
security for the payment of money or the performance or
non-performance of an act or the suffering of a punishment
imposed by the judgment, sentence or order as to the court seem
reasonable.
(2) If the appellant is ultimately sentenced to imprisonment, the
time during which the execution of the sentence was stayed is to be
excluded in computing the term of his or her sentence unless the
appellate court orders otherwise.
(3) In the case of a conviction involving a sentence of death, the
execution of the sentence of death must not be carried out until after
the sentence is confirmed by the Court of Appeal pursuant to an
appeal by the accused or a petition for confirmation by the Public
Prosecutor.
[33/2012]

Summary rejection of appeal

384.—(1) Where the grounds of appeal do not raise any question of
law and it appears to the appellate court that the evidence is sufficient
to support the conviction and that there is no material in the
circumstances of the case which could raise a reasonable doubt
whether the conviction was right or lead the appellate court to
consider that the sentence ought to be reduced, the appeal may,
without being set down for hearing, be summarily rejected by an
order under the hand of a Judge or a presiding Judge (as the case may
be) certifying that the appellate court, having perused the record, is
satisfied that the appeal has been brought without any sufficient
ground of complaint.

31.12.2021
310 Criminal Procedure Code 2010 2020 Ed.

(2) Where an appellate court comprises more than one Judge, the
decision of the appellate court to reject the appeal summarily under
subsection (1) can only be made by a unanimous decision of all the
Judges sitting in the appellate court.
[40/2019]

(3) Notice of the rejection must be served on the appellant.

(4) If, in any case rejected under subsection (1), the appellant gives,
within 14 days of service of notice of the rejection on the appellant,
notice to the Registrar of the Supreme Court of an application for
leave to amend the appellant’s grounds of appeal so as to raise a
question of law, accompanied by a certificate signed by an advocate
specifying the question to be raised and undertaking to argue it, the
Chief Justice (in the case where the appeal is made to the Court of
Appeal) or any Judge sitting in the General Division of the High
Court (in the case where the appeal is made to the General Division of
the High Court) may grant leave to amend the grounds of appeal
accordingly and shall restore the appeal for hearing.
[40/2019]

(5) For the purposes of subsection (4), the question whether a

sentence ought to be reduced is deemed not to be a question of law.

Notice and time of hearing

385. If the appellate court does not reject the appeal summarily
under section 384, it must cause notice to be given to the parties to the
appeal of the time and place at which the appeal will be heard.

Appeal to be heard by one or more Judges

386.—(1) An appeal before the General Division of the High Court
may ordinarily be heard by a single Judge, but if the Chief Justice so
directs, the appeal must be heard before a court consisting of 3 or any
greater uneven number of Judges.
[40/2019]

(2) An appeal before the Court of Appeal may ordinarily be heard

by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so
directs, the appeal must be heard before a court consisting of 5 or any
greater uneven number of Judges sitting in the Court of Appeal.
[40/2019]
2020 Ed. Criminal Procedure Code 2010 311
(3) An appeal before 3 or more Judges must be decided in
accordance with the opinion of a majority of them.
(4) If the Public Prosecutor requests in writing at any time —
(a) before the hearing of an appeal before the General Division
of the High Court that the appeal be heard before a court
consisting of 3 or any greater uneven number of Judges; or
(b) before the hearing of an appeal before the Court of Appeal
that the appeal be heard before a court consisting of 5 or
any greater uneven number of Judges,
and the Chief Justice consents to the request, the appeal must be heard
by such a court.
[40/2019]

(5) In any case, the appellate court may, of its own motion or on the
application of a party concerned, with reasonable notice to the parties,
bring forward or postpone the hearing of an appeal, on such terms as
it thinks fit as to the costs of the appeal.

Procedure at hearing
387.—(1) At the hearing of an appeal, the appellate court must hear
the appellant or the appellant’s advocate, if the appellant or the
appellant’s advocate appears, and if it thinks fit, the respondent or the
respondent’s advocate, if the respondent or the respondent’s advocate
appears, and must hear the appellant or the appellant’s advocate in
reply.
(2) If the appellant is in custody and does not appear at the hearing
to support the appellant’s appeal in person or by advocate, the
appellate court may consider the appellant’s appeal and may make
such order as it thinks fit.
(3) If the appellant is not in custody but fails to appear at the hearing
of the appeal, the appellate court may dismiss the appeal, except that
the court may reinstate the appeal if the appellant subsequently
appears before the court and satisfies the court that the appellant’s
non-appearance was not due to the appellant’s fault.

31.12.2021
312 Criminal Procedure Code 2010 2020 Ed.

Non-appearance of respondent
388.—(1) If, at the hearing of the appeal, the respondent is absent
and the appellate court is not satisfied that the notice under
section 385 has been duly served on the respondent, the court must
not make any order adverse to or to the prejudice of the respondent,
but must adjourn the hearing to a future day and direct the Registrar of
the Supreme Court to serve the notice on the respondent for the
respondent to appear.
(2) If the notice cannot be served on the respondent, or if the court is
satisfied that the notice has been duly served on the respondent, and
the respondent is absent at the hearing of the appeal, the court may
hear the appeal in the respondent’s absence.

Arrest of respondent in certain cases

389.—(1) Where the General Division of the High Court is
informed that the Public Prosecutor intends to appeal against the
acquittal of an accused, the General Division of the High Court may,
on the application of the Public Prosecutor, order that the accused be
remanded in custody for a period not exceeding 24 hours pending the
filing of the notice of appeal by the Public Prosecutor.
[40/2019]

(2) Where the Public Prosecutor appeals against an acquittal after

an application under subsection (1), the General Division of the High
Court that acquitted the accused may commit him or her to prison
pending the disposal of the appeal or admit him or her to bail.
[40/2019]

Decision on appeal
390.—(1) At the hearing of the appeal, the appellate court may, if it
considers there is no sufficient ground for interfering dismiss the
appeal, or may —
(a) in an appeal from an order of acquittal —
(i) reverse the order and direct that further inquiry is to
be made or that the accused is to be retried, or remit
the matter, with the opinion of the appellate court, to
the trial court; or
2020 Ed. Criminal Procedure Code 2010 313
(ii) find the accused guilty and pass sentence on the
accused according to law;
(b) in an appeal from a conviction —
(i) reverse the finding and sentence and acquit or
discharge the accused or order the accused to be
retried by a court of competent jurisdiction, or remit
the matter, with the opinion of the appellate court, to
the trial court;
(ii) alter the finding, maintaining the sentence or, with or
without altering the finding, reduce or enhance the
sentence; or
(iii) with or without reducing or enhancing the sentence,
and with or without altering the finding, alter the
nature of the sentence;
(c) in an appeal as to sentence, reduce or enhance the sentence,
or alter the nature of the sentence; or
(d) in an appeal from any other order, alter or reverse the order.
(2) Nothing in subsection (1) is to be taken to prevent the appellate
court from making such other order in the matter as it may think just,
and by such order exercise any power which the trial court might have
exercised.
(3) Despite section 375 and without limiting subsections (1) and
(2), where an accused has pleaded guilty and been convicted on such
plea, the appellate court may, upon hearing, in accordance with
section 387, any appeal against the sentence imposed upon the
accused —
(a) set aside the conviction;
(b) make such order in the matter as it may think just; and
(c) by such order exercise any power which the trial court
might have exercised.
(4) Despite any provision in this Code or any written law to the
contrary, when hearing an appeal against an order of acquittal or
conviction or any other order, the appellate court may frame an

31.12.2021
314 Criminal Procedure Code 2010 2020 Ed.

altered charge (whether or not it attracts a higher punishment) if

satisfied that, based on the records before the court, there is sufficient
evidence to constitute a case which the accused has to answer.
(5) If the offence stated in the altered charge is one that requires the
Public Prosecutor’s consent under section 10, then the appeal must
not proceed before such consent is obtained, unless the consent has
already been obtained for a prosecution on the same facts as those on
which the altered charge is based.
(6) After the appellate court has framed an altered charge, it must
ask the accused if the accused intends to offer a defence.
(7) If the accused indicates that the accused intends to offer a
defence, the appellate court may, after considering the nature of the
defence —
(a) order that the accused be tried by a trial court of competent
jurisdiction; or
(b) convict the accused on the altered charge (other than a
charge which carries the death penalty) after hearing
submissions on questions of law and fact and if it is
satisfied that, based on its findings on the submissions and
the records before the court, and after hearing submissions
of the accused, there is sufficient evidence to do so.
(8) If the accused indicates that the accused does not intend to offer
a defence, the appellate court may —
(a) convict the accused on the altered charge (other than a
charge which carries the death penalty) if it is satisfied that,
based on the records before the court, there is sufficient
evidence to do so; or
(b) order that the accused be tried by a trial court of competent
jurisdiction, if it is not satisfied that, based on the records
before the court, there is sufficient evidence to convict the
accused on the altered charge.
(9) At the hearing of the appeal, the appellate court may on the
application of the Public Prosecutor, and with the consent of the
accused, take into consideration any outstanding offences which the
2020 Ed. Criminal Procedure Code 2010 315
accused admits to have committed for the purposes of sentencing the
accused.
(10) The sentencing powers of the appellate court in the exercise of
its appellate jurisdiction do not exceed the sentencing power of the
trial court whose judgment, sentence or order is appealed against.
(11) To avoid doubt, everything done by the appellate court under
this section is done in the exercise of its appellate jurisdiction.
[19/2018]

Omission to frame charge

391.—(1) A judgment, sentence or order pronounced or passed is
not invalid merely because no charge was framed, unless the
appellate court is of the opinion that it has caused a failure of justice.
(2) If the appellate court is of such opinion, the appellate court must
order a new trial.

Taking additional evidence

392.—(1) In dealing with any appeal under this Part, the appellate
court may, if it thinks additional evidence is necessary, either take
such evidence itself or direct it to be taken by the trial court.
(2) Unless the appellate court directs otherwise, the accused or the
accused’s advocate must be present when the additional evidence is
taken.
(3) When the trial court has taken the additional evidence, it must
send the record of the proceedings duly certified by it to the appellate
court for it to deal with in the appeal.
(4) The trial court must also state what effect (if any) the additional
evidence taken has on its earlier verdict.
(5) Sections 233 and 285 to 289 apply, with the necessary
modifications, to the taking of additional evidence under this section.

31.12.2021
316 Criminal Procedure Code 2010 2020 Ed.

Death of party to appeal

393.—(1) Where a person has died —
(a) any relevant appeal which might have been begun by the
person if he or she were alive may be begun by a person
approved by the General Division of the High Court; and
(b) where any relevant appeal was begun by the person while
he or she was alive or is begun in relation to his or her case
under paragraph (a), any further step which might have
been taken by the person in connection with the appeal if
he or she were alive may be taken by a person so approved.
[40/2019]

(2) The General Division of the High Court may only give an
approval to —
(a) the widow or widower of the deceased;
(b) a person who is the personal representative of the
deceased; or
(c) any person appearing to the General Division of the High
Court to have, by reason of a family or similar relationship
with the deceased, a substantial financial or other interest
in the determination of a relevant appeal relating to the
deceased.
[40/2019]

(3) An application for an approval may not be made after the end of
the period of one year beginning with the date of death.
(4) Where this section applies, any reference to the appellant in any
written law is, where appropriate, to be construed as being or
including a reference to the person approved under this section.
(5) Unless the approval is given under subsection (2), every appeal
commenced finally abates on the death of an accused.
(6) In this section, “relevant appeal” means an appeal made under
this Part.
2020 Ed. Criminal Procedure Code 2010 317
Grounds for reversal by appellate court
394. Any judgment, sentence or order of a trial court may be
reversed or set aside only where the appellate court is satisfied that it
was wrong in law or against the weight of the evidence or, in the case
of a sentence, manifestly excessive or manifestly inadequate in all the
circumstances of the case.

Division 1A — Review of sentence of death

when no appeal filed
Public Prosecutor to file petition for confirmation
394A.—(1) Where the General Division of the High Court passes a
sentence of death on an accused —
(a) if there is no appeal by the accused pending immediately
after the expiry of the time allowed under this Code for an
appeal — the Public Prosecutor must, on the expiry of
90 days after the time allowed under this Code for an
appeal —
(i) lodge a petition for confirmation with the Registrar
of the Supreme Court; and
(ii) serve the petition on the accused; or
(b) if there is an appeal by the accused pending immediately
after the expiry of the time allowed under this Code for an
appeal, but the accused subsequently withdraws that
appeal — the Public Prosecutor must, on the expiry of
90 days after the date of the withdrawal of that appeal —
(i) lodge a petition for confirmation with the Registrar
of the Supreme Court; and
(ii) serve the petition on the accused.
[19/2018; 40/2019]

(2) When a petition for confirmation has been lodged, the trial court
must transmit to the Court of Appeal, the Public Prosecutor, and the
accused or the accused’s advocate, a signed copy of the record of the
proceedings and the grounds of decision free of charge.
[33/2012]

31.12.2021
318 Criminal Procedure Code 2010 2020 Ed.

Court of Appeal to review sentence of death

394B. The Court of Appeal must examine the record of proceedings
and the grounds of decision and must satisfy itself as to the
correctness, legality and propriety of —
(a) the conviction of the accused for the offence for which the
sentence of death is imposed; and
(b) the imposition of the sentence of death for the offence,
where the sentence of death is not mandatory by law.
[33/2012]

Powers of Court of Appeal in petition for confirmation

394C. The Court of Appeal may in any proceeding relating to a
petition for confirmation exercise such powers as it may exercise in
an appeal by the accused.
[33/2012]

Permission for parties to be heard

394D.—(1) No party has the right to be heard either personally or
by advocate before the Court of Appeal in any proceeding relating to
a petition for confirmation.
[33/2012]

(2) The Court of Appeal may, if it thinks fit, hear any party either
personally or by advocate.
[33/2012]

Orders on review
394E.—(1) If the Court of Appeal is satisfied as to the correctness,
legality and propriety of —
(a) the conviction of the accused for the offence for which the
sentence of death is imposed; or
(b) the imposition of the sentence of death for the offence,
where the sentence of death is not mandatory by law,
it must issue a certificate to the Public Prosecutor and the accused or
the accused’s advocate confirming the imposition of the sentence of
death on the accused.
[33/2012]
2020 Ed. Criminal Procedure Code 2010 319
(2) If the Court of Appeal is not satisfied as to the correctness,
legality and propriety of —
(a) the conviction of the accused for the offence for which the
sentence of death is imposed; or
(b) the imposition of the sentence of death for the offence,
where the sentence of death is not mandatory by law,
it must set aside the sentence of death, and may make such further
order as it deems fit.
[33/2012]

Division 1B — Review of earlier decision of appellate court

Interpretation of this Division
394F.—(1) In this Division, unless the context otherwise
requires —
“civil application” means an application to a court when
exercising its civil jurisdiction, and includes —
(a) where the court is the Court of Appeal, an appeal to
the Court of Appeal from any judgment or order of
the General Division of the High Court, or of the
Appellate Division of the High Court, in such an
application; or
(b) where the court is the Appellate Division of the High
Court, an appeal to the Appellate Division of the
High Court from any judgment or order of the
General Division of the High Court in such an
application;
“leave application” means an application for leave to make a
review application;
“review application” means an application to review an earlier
decision of an appellate court.
[19/2018; 40/2019]

(2) In this Division, unless the context otherwise requires, a civil

application is related to a review application made in respect of an
earlier decision if —

31.12.2021
320 Criminal Procedure Code 2010 2020 Ed.

(a) any common question of law or fact arises in both

applications; or
(b) any relief claimed in the civil application —
(i) may affect the review application in any way; or
(ii) may affect the outcome of the criminal matter in
respect of which the earlier decision was made.
[19/2018]

(3) In this Division, unless the context otherwise requires, a

reference to a decision of a court is a reference to everything
decided by the court, and everything comprised in the judgment,
sentence or order (if any) of the court, when the court —
(a) delivers judgment in a criminal trial, criminal appeal, case
stated, criminal revision or criminal reference; or
(b) issues a certificate under section 394E(1) confirming the
imposition of the sentence of death on the accused.
[19/2018]

Conditions for making review application

394G.—(1) A review application cannot be made in respect of an
earlier decision of an appellate court unless any of the following
applies:
(a) the earlier decision is a decision of the appellate court on
the merits of an appeal;
(b) the earlier decision is a decision of the appellate court to
dismiss an appeal under section 387(3) after the appellant
fails to appear at the hearing of the appeal, and the
appellate court does not reinstate the appeal under
section 387(3);
(c) where the appellate court is the Court of Appeal — the
earlier decision is a decision of the Court of Appeal to issue
a certificate under section 394E(1) confirming the
imposition of the sentence of death on the accused;
(d) where the appellate court is the Court of Appeal — the
earlier decision is —
2020 Ed. Criminal Procedure Code 2010 321
(i) a determination by the Court of Appeal of any
question of law of public interest referred to the
Court of Appeal under section 397; or
(ii) an order made by the Court of Appeal under
section 397(5).
[19/2018]

(2) A review application cannot be made by the Public Prosecutor,

unless the Public Prosecutor alleges that the earlier decision is tainted
by fraud or a breach of the rules of natural justice, and that the
integrity of the judicial process is thereby compromised.
[19/2018]

Application for leave to make review application

394H.—(1) Before making a review application, the applicant must
apply to the appellate court for, and obtain, the leave of that court to
do so.
[19/2018]

(2) A leave application must be fixed for hearing within such period
as is prescribed by the Criminal Procedure Rules.
[19/2018]

(3) The applicant in a leave application must file written

submissions in support of that application, and such other
documents as are prescribed in the Criminal Procedure Rules,
within such periods as are prescribed in the Criminal Procedure
Rules.
[19/2018]

(4) The respondent in a leave application may file written

submissions in relation to that application within such period as is
prescribed in the Criminal Procedure Rules.
[19/2018]

(5) The Registrar of the Supreme Court or any Supreme Court

Judge may extend or abridge any period mentioned in subsection (2),
(3) or (4).
[14/2019; 40/2019]

31.12.2021
322 Criminal Procedure Code 2010 2020 Ed.

(6) A leave application is to be heard —

(a) in any case where the appellate court is the Court of
Appeal — by a single Judge sitting in the Court of Appeal;
or
(b) in any case where the appellate court is the General
Division of the High Court — by the Judge who made the
decision to be reviewed or, if that Judge is not available, by
any Judge.
[19/2018; 40/2019]

(7) A leave application may, without being set down for hearing, be
summarily dealt with by a written order of the appellate court.
[19/2018]

(8) Before summarily refusing a leave application, the appellate

court —
(a) must consider the applicant’s written submissions, if any;
and
(b) may, but is not required to, consider the respondent’s
written submissions, if any.
[19/2018]

(9) Before summarily granting leave to make a review application,

the appellate court —
(a) must consider the applicant’s written submissions, if any;
and
(b) must consider the respondent’s written submissions, if any.
[19/2018]

Hearing of review application

394I.—(1) Where the appellate court grants leave to make a review
application, the review application must be made to the appellate
court, and fixed for hearing, within such period as is prescribed by the
Criminal Procedure Rules.
[19/2018]

(2) The applicant in a review application must file such documents

in support of that application, within such period, as are prescribed in
the Criminal Procedure Rules.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 323
(3) The respondent in a review application must file such
documents in relation to that application, within such period, as are
prescribed in the Criminal Procedure Rules.
[19/2018]

(4) The Registrar of the Supreme Court or any Supreme Court

Judge may extend or abridge any period mentioned in subsection (1),
(2) or (3).
[14/2019; 40/2019]

(5) A review application is to be heard —

(a) in any case where the appellate court is the Court of
Appeal — by 3 Judges sitting in the Court of Appeal or, if
the Chief Justice so directs, by 5 or any greater uneven
number of Judges sitting in the Court of Appeal; or
(b) in any case where the appellate court is the General
Division of the High Court — by a single Judge or, if the
Chief Justice so directs, by 3 or any greater uneven number
of Judges.
[19/2018; 40/2019]

(6) The appellate court may hear a review application and any
related civil application at the same time or one immediately after
another.
[19/2018]

(7) Despite subsections (1), (5) and (6) —

(a) the Court of Appeal may hear a review application made to
the General Division of the High Court in respect of an
earlier decision of the General Division of the High Court;
(b) the Court of Appeal may hear a civil application, made to
the General Division of the High Court or to the Appellate
Division of the High Court, that is related to a review
application (whether made to the Court of Appeal or to the
General Division of the High Court);
(c) where the Court of Appeal so orders, the Court of Appeal
may hear a review application (whether made to the Court
of Appeal or to the General Division of the High Court)
and any related civil application (whether made to the
Court of Appeal, to the Appellate Division of the High

31.12.2021
324 Criminal Procedure Code 2010 2020 Ed.

Court or to the General Division of the High Court) at the

same time or one immediately after another; and
(d) every review application or civil application heard by the
Court of Appeal under this subsection is to be heard by
3 Judges sitting in the Court of Appeal or, if the Chief
Justice so directs, by 5 or any greater uneven number of
Judges sitting in the Court of Appeal.
[19/2018; 40/2019]

(8) An appellate court, which hears a review application in respect

of an earlier decision of that court, may exercise any power and make
any order that could have been exercised and made, respectively, by
the court that made the earlier decision.
[19/2018]

(9) Where the appellate court is the General Division of the High
Court, but a review application made in respect of an earlier decision
of the appellate court is heard by the Court of Appeal —
(a) the Court of Appeal may exercise any power and make any
order that could have been exercised and made,
respectively, by the appellate court that made the earlier
decision; and
(b) any reference in this Division to the exercise of a power, or
the doing of a thing, by the appellate court in relation to the
review application includes a reference to the exercise of
that power, or the doing of that thing, by the Court of
Appeal.
[19/2018; 40/2019]

(10) A review application may, without being set down for hearing,
be summarily dealt with by a written order of the appellate court.
[19/2018]

(11) Before summarily refusing a review application, the appellate

court —
(a) must consider the applicant’s written submissions, if any;
and
(b) may, but is not required to, consider the respondent’s
written submissions, if any.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 325
(12) Except where subsection (11) applies, before summarily
deciding a review application on its merits, the appellate court —
(a) must consider the applicant’s written submissions, if any;
and
(b) must consider the respondent’s written submissions, if any.
[19/2018]

Requirements for exercise of power of review under this

Division
394J.—(1) This section —
(a) sets out the requirements that must be satisfied by an
applicant in a review application before an appellate court
will exercise its power of review under this Division; and
(b) does not affect the inherent power of an appellate court to
review, on its own motion, an earlier decision of the
appellate court.
[19/2018]

(2) The applicant in a review application must satisfy the appellate

court that there is sufficient material (being evidence or legal
arguments) on which the appellate court may conclude that there has
been a miscarriage of justice in the criminal matter in respect of
which the earlier decision was made.
[19/2018]

(3) For the purposes of subsection (2), in order for any material to
be “sufficient”, that material must satisfy all of the following
requirements:
(a) before the filing of the application for leave to make the
review application, the material has not been canvassed at
any stage of the proceedings in the criminal matter in
respect of which the earlier decision was made;
(b) even with reasonable diligence, the material could not have
been adduced in court earlier;
(c) the material is compelling, in that the material is reliable,
substantial, powerfully probative, and capable of showing
almost conclusively that there has been a miscarriage of

31.12.2021
326 Criminal Procedure Code 2010 2020 Ed.

justice in the criminal matter in respect of which the earlier

decision was made.
[19/2018]

(4) For the purposes of subsection (2), in order for any material
consisting of legal arguments to be “sufficient”, that material must, in
addition to satisfying all of the requirements in subsection (3), be
based on a change in the law that arose from any decision made by a
court after the conclusion of all proceedings relating to the criminal
matter in respect of which the earlier decision was made.
[19/2018]

(5) For the purposes of subsection (2), the appellate court may
conclude that there has been a miscarriage of justice in the criminal
matter in respect of which the earlier decision was made, only if —
(a) the earlier decision (being a decision on conviction or
sentence) is demonstrably wrong; or
(b) the earlier decision is tainted by fraud or a breach of the
rules of natural justice, such that the integrity of the judicial
process is compromised.
[19/2018]

(6) For the purposes of subsection (5)(a), in order for an earlier

decision on conviction to be “demonstrably wrong” —
(a) it is not sufficient that there is a real possibility that the
earlier decision is wrong; and
(b) it must be apparent, based only on the evidence tendered in
support of the review application and without any further
inquiry, that there is a powerful probability that the earlier
decision is wrong.
[19/2018]

(7) For the purposes of subsection (5)(a), in order for an earlier

decision on sentence to be “demonstrably wrong”, it must be shown
that the decision was based on a fundamental misapprehension of the
law or the facts, thereby resulting in a decision that is blatantly wrong
on the face of the record.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 327
Other matters concerning review applications and leave
applications
394K.—(1) An applicant cannot make more than one review
application in respect of any decision of an appellate court.
[19/2018]

(2) An applicant cannot make a review application in respect of an

earlier decision of an appellate court after —
(a) in any case where a court hears a related civil application
made by the same applicant and reserves judgment in that
related civil application — the time that court reserves
judgment in that related civil application; or
(b) in any other case where a court hears a related civil
application made by the same applicant — the time that
court delivers judgment in that related civil application.
[19/2018]

(3) Where the appellate court is the General Division of the High
Court, no appeal may lie against a decision of the appellate court on a
leave application or a review application.
[19/2018; 40/2019]

(4) Where the appellate court is the General Division of the High
Court, no application under section 397(1), and no reference under
section 397(2), may be made in respect of a decision of the appellate
court on a leave application or a review application.
[19/2018; 40/2019]

(5) No leave application, and no review application, may be made

in respect of a decision of an appellate court on a leave application or
a review application.
[19/2018]

Division 2 — Points reserved

Power of court to state case
395.—(1) A trial court hearing any criminal case, may on the
application of any party to the proceedings or on its own motion, state
a case to the relevant court on any question of law.

31.12.2021
328 Criminal Procedure Code 2010 2020 Ed.

(2) Any application or motion made —

(a) on a question of law which arises as to the interpretation or
effect of any provision of the Constitution may be made at
any stage of the proceedings after the question arises and
must set out the question to be referred to the relevant
court; and
(b) on any other question of law must be made in writing
within 10 days from the time of the making or passing of
the judgment, sentence or order by the trial court and set
out briefly the facts under deliberation and the question of
law to be decided on them.
(3) The trial court must —
(a) upon an application or motion made on a question of law
which arises as to the interpretation or effect of any
provision of the Constitution, state the case to the relevant
court by setting out the question which in its opinion has
arisen as to the interpretation or effect of the Constitution,
which question must, so far as may be possible, be in a
form which permits an answer being given in the
affirmative or the negative; and
(b) upon an application or motion made on any other question
of law, state the case to the relevant court by briefly setting
out the facts that it considers proved and the question of
law to be reserved for the opinion of the relevant court.
(4) Despite subsection (3), the trial court may refuse to state a case
upon any application if it considers the application frivolous or
without any merit, but it must state a case if the application is made by
the Public Prosecutor.
(5) If a trial court refuses to state a case under subsection (4), the
applicant may apply to the relevant court for an order to direct the trial
court to state the case.
(6) The trial court in stating any case under subsection (3) must
cause the case to be transmitted to the Registrar of the Supreme Court.
2020 Ed. Criminal Procedure Code 2010 329
(7) The relevant court must hear and determine the question of law
or constitutional question arising out of the case stated.
(8) Before stating any case to the relevant court under
subsection (3)(a), the trial court may make an order to stay the
proceedings which is to be made at such stage of the proceedings as
the court may see fit, having regard to —
(a) the decision of such questions of fact as may be necessary
to assist the relevant court in deciding the question which
has arisen; and
(b) the speedy and economical final determination of the
proceedings.
(9) The trial court making an order to stay the proceedings under
subsection (8) may impose any terms to await the opinion and order
(if any) of the relevant court on any case stated under
subsection (3)(a).
(10) The trial court stating a case to the relevant court under this
section may make such orders as it sees fit for the arrest, custody or
release on bail of any accused.
(11) When the Registrar of the Supreme Court receives a case
stated, he or she must send a copy to every party to the proceedings
and to the Public Prosecutor (if the Public Prosecutor is not a party),
and fix a date for the hearing of the case stated.
(12) The Public Prosecutor has a right of hearing at the hearing of
the case stated.
(13) Where the General Division of the High Court is hearing the
case stated, it must ordinarily be heard by a single Judge, but if the
Chief Justice so directs, the case stated must be heard before a court
comprising 3 or any greater uneven number of Judges.
[40/2019]

(14) Where the Court of Appeal is hearing the case stated, it must
ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if
the Chief Justice so directs, the case stated must be heard before a
court comprising 5 or any greater uneven number of Judges sitting in
the Court of Appeal.
[40/2019]

31.12.2021
330 Criminal Procedure Code 2010 2020 Ed.

(15) In this section, “relevant court” means —

(a) the General Division of the High Court where the trial
court which stated the case is a State Court; and
(b) the Court of Appeal where the trial court which stated the
case is the General Division of the High Court.
[5/2014; 40/2019]

Application to state case directly to Court of Appeal

396.—(1) Any party to the proceedings may, instead of applying to
state a case on any question of law arising at a trial before a State
Court for the opinion of the General Division of the High Court under
section 395, apply to state a case directly to the Court of Appeal.
[5/2014; 40/2019]

(2) An application under subsection (1) may only be made with the
leave of the Court of Appeal.
(3) When an application is made under subsection (1), the Court of
Appeal may make such orders as it sees fit for the arrest, custody or
release on bail of any accused.
(4) Section 395(2), (3), (6) to (12) and (14) applies to the case stated
under this section, except that any reference to the relevant court in
those provisions is a reference to the Court of Appeal.

Reference to Court of Appeal of criminal matter determined by

General Division of High Court in exercise of its appellate or
revisionary jurisdiction
397.—(1) When a criminal matter has been determined by the
General Division of the High Court in the exercise of its appellate or
revisionary jurisdiction, and a party to the proceedings wishes to refer
any question of law of public interest which has arisen in the matter
and the determination of which by the Judge has affected the case,
that party may apply to the Court of Appeal for leave to refer the
question to the Court of Appeal.
[40/2019]

(2) The Public Prosecutor may refer any question of law of public
interest without the leave of the Court of Appeal.
2020 Ed. Criminal Procedure Code 2010 331
(3) An application under subsection (1) or a reference under
subsection (2) must be made within one month, or such longer time as
the Court of Appeal may permit, of the determination of the matter to
which it relates, and in the case of an application by the Public
Prosecutor must be made by him or her or with his or her written
consent.
(3A) Where an application under subsection (1) or a reference
under subsection (2) is made, the General Division of the High Court
must send to the Court of Appeal a signed copy of the record of the
proceedings, and the grounds of decision, for the matter to which the
application or reference relates.
[19/2018; 40/2019]

(3B) Where —
(a) a party applies under subsection (1) for leave to refer a
question to the Court of Appeal; and
(b) it appears to the Court of Appeal that the question is not a
question of law of public interest which has arisen in the
matter, and the determination of which has affected the
case, to which the application relates,
the application may, without being set down for hearing, be
summarily refused by an order, under the hand of a presiding
Judge sitting in the Court of Appeal, certifying that the Court of
Appeal is satisfied that the application was made without any
sufficient ground.
[19/2018; 40/2019]

(3C) A decision of the Court of Appeal to summarily refuse under

subsection (3B) an application under subsection (1) can only be made
by a unanimous decision of all the Judges sitting in the Court of
Appeal.
[19/2018; 40/2019]

(3D) Notice of a refusal under subsection (3B) of an application

under subsection (1) must be served on the applicant.
[19/2018]

(3E) Where, after the Court of Appeal has summarily refused under
subsection (3B) an application under subsection (1) (called in this
subsection the leave application), the applicant gives, within 14 days

31.12.2021
332 Criminal Procedure Code 2010 2020 Ed.

after the service of the notice of the refusal on the applicant, to the
Registrar of the Supreme Court —
(a) notice of an application to amend the leave application, so
as to raise a question of law of public interest which has
arisen in the matter, and the determination of which has
affected the case, to which the leave application relates;
and
(b) a certificate signed by an advocate specifying the question
to be raised and undertaking to argue it,
the Chief Justice may allow the applicant to amend the leave
application accordingly, and must restore the leave application for
hearing.
[19/2018]

(4) In granting leave to refer any question of law of public interest

under subsection (1), or where the Public Prosecutor refers any
question of law of public interest under subsection (2), the Court of
Appeal may reframe the question or questions to reflect the relevant
issue of law of public interest, and may make such orders as the Court
of Appeal may see fit for the arrest, custody or release on bail of any
party in the case.
(5) The Court of Appeal, in hearing and determining any questions
referred, may make such orders as the General Division of the High
Court might have made as the Court of Appeal considers just for the
disposal of the case.
[40/2019]

(6) For the purposes of this section, each of the following is deemed
to be a question of public interest:
(a) any question of law regarding which there is a conflict of
judicial authority;
(b) any question of law that the Public Prosecutor refers.
[19/2018]

Determination and order

398.—(1) The General Division of the High Court or the Court of
Appeal (as the case may be) must hear and determine any question of
law arising on the case stated under section 395 or 396 and must
2020 Ed. Criminal Procedure Code 2010 333
affirm, amend or reverse the decision or make any other order it
thinks fit.
[40/2019]

(2) Any judge stating a case under this Code is not liable to any
costs incurred with respect to it.

Opinion on case stated

399.—(1) The opinion of the General Division of the High Court or
the Court of Appeal must be in the form of an answer to the question
set out in the case stated under section 395 or 396.
[40/2019]

(2) The Registrar of the Supreme Court must deliver a copy of the
opinion of the General Division of the High Court or of the Court of
Appeal and such orders that the Court has made under section 398
to —
(a) the Public Prosecutor;
(b) the Registrar of the State Courts where the trial court which
stated the case is a State Court; and
(c) every party to the proceedings in which the case stated
arose.
[5/2014; 40/2019]

(3) If the opinion of the General Division of the High Court or the
Court of Appeal (as the case may be) is given pending the conclusion
of the trial, the trial court must proceed with the case having regard to
the opinion on the case stated and any order of the General Division
of the High Court or the Court of Appeal made under section 398.
[40/2019]

Division 3 — Revision of proceedings before

State Courts
[5/2014]

Power to call for records of State Courts

400.—(1) Subject to this section and section 401, the General
Division of the High Court may, on its own motion or on the
application of a State Court, the Public Prosecutor or the accused in

31.12.2021
334 Criminal Procedure Code 2010 2020 Ed.

any proceedings, call for and examine the record of any criminal
proceeding before any State Court to satisfy itself as to the
correctness, legality or propriety of any judgment, sentence or
order recorded or passed and as to the regularity of those proceedings.
[5/2014; 40/2019]

(2) No application may be made by any party under this section in

relation to any judgment, sentence or order which the party could
have appealed against but had failed to do so in accordance with the
law unless the application is made —
(a) against a failure by a court to impose the mandatory
minimum sentence or any other sentence required by
written law; or
(b) against a sentence imposed by a court which the court is
not competent to impose.

Powers of General Division of High Court on revision

401.—(1) On examining a record under revision in this Division,
the General Division of the High Court may direct the lower court to
make further inquiry into a complaint which has been dismissed
under section 152 or into the case of an accused who has been
discharged.
[40/2019]

(2) The General Division of the High Court may in any case, the
record of proceedings of which has been called for by itself or which
otherwise comes to its knowledge, in its discretion exercise any of the
powers given by sections 383, 389, 390 and 392.
[40/2019]

(3) The General Division of the High Court may not proceed under
subsection (1) or (2) without first giving the parties adversely affected
by the General Division of the High Court so proceeding an
opportunity of being heard either personally or by advocate.
[40/2019]

(4) This section does not authorise the General Division of the High
Court to convert an acquittal into a conviction.
[40/2019]
2020 Ed. Criminal Procedure Code 2010 335
Orders on revision
402. Where a case is revised under this Division, the General
Division of the High Court must certify its decision or order to the
State Court which recorded or passed the judgment, sentence or order
and that Court must make the requisite orders to give effect to the
decision or order.
[5/2014; 40/2019]

Permission for parties to appear

403.—(1) No party has any right to be heard either personally or by
advocate before the General Division of the High Court when the
General Division of the High Court is exercising its powers of
revision under this Division or Division 4.
[40/2019]

(2) The General Division of the High Court may, if it thinks fit,
when exercising its powers of revision under this Division, hear any
party either personally or by advocate, and nothing in this section is
deemed to affect sections 401(3) and 404(4).
[40/2019]

Division 4 — Revision of orders made at

criminal case disclosure conference
Power to revise orders made at criminal case disclosure
conference
404.—(1) The General Division of the High Court may, on its own
motion or on the application of the Public Prosecutor or the accused
in any criminal case disclosure conference, call for and examine the
record of any criminal case disclosure conference held under Part 9 or
10 before a Magistrate, a District Judge, the Registrar of the State
Courts or the Registrar of the Supreme Court to satisfy itself as to the
correctness, legality or propriety of any order recorded or passed at
the criminal case disclosure conference, and as to the regularity of the
criminal case disclosure conference.
[5/2014; 40/2019]

(2) Any application by the Public Prosecutor or the accused under

subsection (1) must be made within 7 days from the date of the order

31.12.2021
336 Criminal Procedure Code 2010 2020 Ed.

so recorded or passed at the criminal case disclosure conference to

which the application relates.
(3) On examining a record under revision in this Division, the
General Division of the High Court may affirm, vary or set aside any
of the orders made by the Magistrate, District Judge, Registrar of the
State Courts or Registrar of the Supreme Court (as the case may be)
who presided over the criminal case disclosure conference.
[5/2014; 40/2019]

(4) The General Division of the High Court may not proceed under
subsection (3) without first giving the parties adversely affected by
the General Division of the High Court so proceeding an opportunity
of being heard either personally or by advocate.
[40/2019]

(5) Where a case is revised under this Division, the General

Division of the High Court must certify its decision or order to the
Magistrate, District Judge, Registrar of the State Courts or Registrar
of the Supreme Court (as the case may be) who recorded or passed the
order at the criminal case disclosure conference and that Magistrate,
District Judge, Registrar of the State Courts or the Registrar of the
Supreme Court (as the case may be) must make the requisite orders to
give effect to the decision or order.
[5/2014; 40/2019]

Division 5 — Criminal motions

Motion
405.—(1) A motion to the General Division of the High Court or
the Court of Appeal in respect of any criminal matter must be made in
accordance with this Division.
[19/2018; 40/2019]

(2) In this Division, the relevant court is the court to which the
motion is made.
[19/2018]

Notice of motion
406.—(1) A motion must not be made without previous notice to
the other party to the proceedings.
2020 Ed. Criminal Procedure Code 2010 337
(2) There must be at least 7 clear days between the service of the
notice of a criminal motion and the day named in the notice for
hearing the motion, unless —
(a) the relevant court gives leave to the contrary; or
(b) each party required to be served with the notice consents to
the relief or remedy that is sought under the motion.
[19/2018]

Form and issue of notice of motion

407.—(1) The notice of a criminal motion must be in the prescribed
form.
(2) The notice of a criminal motion must be —
(a) supported by an affidavit setting out a concise statement of
the facts, the relief or remedy required and the reasons for
the relief or remedy; and
(b) sealed by an officer of the Registry of the Supreme Court.

Adjournment of hearing
408. The hearing of a criminal motion may be adjourned from time
to time by the relevant court on such terms as the relevant court thinks
fit.
[19/2018]

Dealing with motion in absence of parties, etc.

408A.—(1) The relevant court may deal with a criminal motion in
the absence of the parties to the proceedings, if —
(a) the respondent is —
(i) the prosecution; or
(ii) an accused who is represented by an advocate; and
(b) each party —
(i) consents to the motion being dealt with in the
absence of that party; and

31.12.2021
338 Criminal Procedure Code 2010 2020 Ed.

(ii) consents to the relief or remedy that is sought under

the motion.
[19/2018]

(2) Where subsection (1) applies, but the relevant court is not
inclined to grant the relief or remedy that is sought under the
motion —
(a) the motion must be set down for hearing; and
(b) each party to the proceedings must be informed of the date
and time appointed for the hearing.
[19/2018]

(3) The relevant court may, after hearing every party that attends the
hearing mentioned in subsection (2), make such order as the relevant
court thinks fit.
[19/2018]

(4) Where every party to the proceedings consents to the

withdrawal of the motion, the relevant court may summarily give
leave to withdraw the motion by an order under the hand of a Judge
sitting in the Court of Appeal or a Judge, without the motion being set
down for hearing.
[19/2018; 40/2019]

Decision or order affecting lower court

408B. Where, on hearing or dealing with a criminal motion, the
relevant court makes a decision or an order that affects a lower court,
the relevant court must certify its decision or order to the lower court.
[19/2018]

Costs
409. If the relevant court dismisses a criminal motion and is of the
opinion that the motion was frivolous or vexatious or otherwise an
abuse of the process of the relevant court, it may, either on the
application of the respondent or on its own motion, order the
applicant of the criminal motion to pay to the respondent costs on an
indemnity basis or otherwise fixed by the relevant court.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 339
PART 21
SPECIAL PROCEEDINGS
Division 1 — [Repealed by Act 19 of 2016]
410. to 416. [Repealed by Act 19 of 2016]

Division 2 — Special proceedings —

Order for review of detention
Application for order for review of detention
417.—(1) Any person —
(a) who is detained in any prison within the limits of
Singapore on a warrant of extradition under any law for
the time being in force in Singapore relating to the
extradition of fugitive offenders;
(b) who is alleged to be illegally or improperly detained in
public or private custody within those limits; or
(c) who claims to be brought before the court to be dealt with
according to law,
may apply to the General Division of the High Court for an order for
review of detention.
[40/2019]

(2) On an application by a person detained on a warrant of

extradition, the General Division of the High Court must call upon the
Public Prosecutor, the committing Magistrate and the foreign
Government to show cause why the order for review of detention
should not be made.
[40/2019]

(3) Notice of the application together with copies of all the evidence
used on the application must be served on the Public Prosecutor.

Orders for review of detention

418. The General Division of the High Court may, whenever it
thinks fit, order that a prisoner detained in any prison within the limits
of Singapore is to be —

31.12.2021
340 Criminal Procedure Code 2010 2020 Ed.

(a) admitted to bail;

(b) brought before a court martial; or
(c) removed from one custody to another for the purpose of
trial or for any other purpose which the Court thinks
proper.
[40/2019]

Court martial
419.—(1) Every application for a prisoner detained in custody to be
brought before a court martial for trial must be in the form of a letter
addressed by either the registrar of the military courts or the president
of that court martial, stating the purpose for which the court martial
has been assembled and also stating where the prisoner is detained in
custody and when, where and for what purpose the prisoner is
required to be produced.
(2) The Registrar of the Supreme Court must submit the letter as
soon as possible after the receipt thereof to, and obtain the order
thereon of, a Judge.
[40/2019]

(3) If an order is made under this section, it must be drawn up with a

direction that a warrant must be issued accordingly and the warrant
must be prepared and signed by the Registrar of the Supreme Court
and countersigned by the Judge who made the order and sealed with
the seal of the Supreme Court.
[40/2019]

(4) The warrant when issued must be forwarded by the Registrar of

the Supreme Court to the officer in charge of the prison in which the
prisoner is confined.

Removal of prisoner from one custody to another

420.—(1) Every application to remove a prisoner from one custody
to another for the purpose of trial or for any other purpose must be
made to the General Division of the High Court and must be
supported by an affidavit stating —
(a) where the prisoner is detained in custody;
2020 Ed. Criminal Procedure Code 2010 341
(b) to what other custody it is proposed to remove the prisoner;
and
(c) the reason for the change of custody.
[40/2019]

(2) If an order is made for the removal of a prisoner from one

custody to another for the purpose of trial or for any other purpose,
the order must be drawn up with a direction that a warrant must be
issued accordingly.
(3) The warrant must be prepared and signed by the Registrar of the
Supreme Court and countersigned by the Judge who made the order
and sealed with the seal of the Supreme Court.
[40/2019]

Duty of officer to whom order or warrant is addressed

421. The officer to whom any order for review of detention or
warrant is addressed under this Division or under section 98 or 282
must act in accordance with it and must provide for the safe custody
of the prisoner during the prisoner’s absence from prison for the
purpose mentioned in the order or warrant.

No appeal
422. No appeal shall lie from an order directing or refusing to direct
the issue of an order for review of detention or from an order made
under section 418 but the General Division of the High Court may at
any time adjourn the hearing for the decision of a Court consisting of
3 or more Judges.
[40/2019]

PART 22
MISCELLANEOUS
When irregularities do not make proceedings invalid
423. Subject to this Code, any judgment, sentence or order passed
or made by a court of competent jurisdiction may not be reversed or
altered on account of —

31.12.2021
342 Criminal Procedure Code 2010 2020 Ed.

(a) an error, omission or irregularity in the complaint,

summons, warrant, charge, judgment or other
proceedings before or during trial or in an inquiry or
other proceeding under this Code;
(b) the lack of any consent by the Public Prosecutor as
required by law; or
(c) the improper admission or rejection of any evidence,
unless the error, omission, improper admission or rejection of
evidence, irregularity or lack of consent has caused a failure of
justice.

Duty to give information of certain matters

424. Every person aware of the commission of or the intention of
any other person to commit any arrestable offence punishable under
Chapters 6, 7, 8, 12 and 16 of the Penal Code 1871 or under any of the
following sections of the Penal Code 1871:
Sections 161, 162, 163, 164, 170, 171, 211, 212, 216, 216A, 226,
270, 281, 285, 286, 382, 384, 385, 386, 387, 388, 389, 392, 393,
394, 395, 396, 397, 399, 400, 401, 402, 427, 435, 436, 437, 438,
440, 442, 449, 450, 451, 452, 453, 459, 460, 489A, 489B, 489C,
489D and 506,
must, in the absence of reasonable excuse, the burden of proving
which lies upon the person so aware, immediately give information to
the officer in charge of the nearest police station or to a police officer
of the commission or intention.
[15/2019]

Irregularity in attachment
425.—(1) An attachment made under this Code is not considered
unlawful, nor is any person making it considered to have done any
wrong, on account of some defect or lack of form in the summons,
conviction, order of attachment or other proceeding relating to it.
(2) The person mentioned in subsection (1) is not considered to
have done wrong from the start on account of any irregularity that the
person afterwards commits, but anyone wronged by the irregularity
may take such proceedings in a civil court as the wronged person
2020 Ed. Criminal Procedure Code 2010 343
thinks fit to recover damages for any loss or harm the wronged person
might have suffered.

Prohibition against publication, etc., that identifies

complainant or alleged victim of sexual offence or child abuse
offence
425A.—(1) Subject to subsection (2), where any person knows that
an individual is a complainant, or an alleged victim, of a sexual
offence or child abuse offence, that person must not do any of the
following things:
(a) publish the name, address or photograph of the individual;
(b) publish any evidence, or any other thing, that is likely to
lead to the identification of the individual as a complainant,
or an alleged victim, of a sexual offence or child abuse
offence;
(c) do any other act that is likely to lead to the identification of
the individual as a complainant, or an alleged victim, of a
sexual offence or child abuse offence.
[19/2018]

(2) Subsection (1) ceases to apply to an individual who is a

complainant of a sexual offence or child abuse offence, if —
(a) the individual is convicted of any offence under
section 182, 193, 194, 195, 196, 199, 200, 201, 202,
203, 204, 204A, 204B, 211, 213 or 214 of the Penal
Code 1871; and
(b) the conviction involves a finding by the court that the
individual’s complaint of the sexual offence or child abuse
offence was false in any material point.
[19/2018; 15/2019]

(3) Any person who contravenes subsection (1) shall be guilty of an

offence and shall be liable on conviction to a fine not exceeding
$5,000 or to imprisonment for a term not exceeding 3 years or to both.
[19/2018]

31.12.2021
344 Criminal Procedure Code 2010 2020 Ed.

(4) To avoid doubt, this section does not affect any other written
law that may prohibit a person from doing any thing mentioned in
subsection (1)(a), (b) or (c).
[19/2018]

Information not to be disclosed if prejudicial to national or

public interests, etc.
425B.—(1) If —
(a) at any time after the commencement of a criminal
investigation, any person makes an application to the
officer of a law enforcement agency who is in charge of the
investigation for information in any document or thing
relating to the investigation; and
(b) the document or thing contains any sensitive information,
the officer may cause the sensitive information to be removed or
sufficiently redacted before disclosing the contents or giving a copy
of the document or thing to the person, whether or not the disclosure
of the sensitive information is required by law.
[14/2019]

(2) Subject to subsection (3), for the purposes of any criminal

proceedings, the prosecution may cause any sensitive information
contained in any document or thing relating to the proceedings that is
in the prosecution’s possession or control to be removed or
sufficiently redacted before disclosing the contents or giving a
copy of the document or thing to the defence, whether or not the
disclosure of the sensitive information is required by law.
[14/2019]

(3) The prosecution must not cause any information to be removed

or redacted under subsection (2) if —
(a) the prosecution intends to rely on the information as
evidence for the purposes of the proceedings; or
(b) the disclosure of the information is required by any rule of
law relating to the disclosure of unused material that tends
to undermine the prosecution’s case or to strengthen the
defence’s case.
[14/2019]
2020 Ed. Criminal Procedure Code 2010 345
(4) If the defence is aggrieved by the removal or redaction of any
information by the prosecution under subsection (2), the defence may
apply to the following court to order the disclosure of the information:
(a) where the disclosure of the contents or giving a copy of the
document or thing was made for the purposes of a criminal
case disclosure conference held under Part 9 or 10, the
court conducting the criminal case disclosure conference;
(b) where the disclosure of the contents or giving a copy of the
document or thing was made for the purposes of a pre-trial
conference held under Part 9 or 10, the court conducting
the pre-trial conference;
(c) where the disclosure of the contents or giving a copy of the
document or thing was made for the purposes of a trial, the
court conducting the trial.
[14/2019]

(5) The court hearing an application under subsection (4) must view
the information removed or redacted by the prosecution in the
absence of the defence.
[14/2019]

(6) If an application under subsection (4) is made in criminal

proceedings that are heard in open court, the application must be
heard and dealt with in camera.
[14/2019]

(7) If —
(a) a court determines, upon an application made under
subsection (4), that the information may not be removed
or redacted by the prosecution under subsection (2) read
with subsection (3); and
(b) the disclosure of the information to the defence is required
by law,
the court must order the prosecution to disclose the information to the
defence by such date as the court determines.
[14/2019]

(8) The court making an order under subsection (7) must, upon an
application by the prosecution based on any reasonable grounds,

31.12.2021
346 Criminal Procedure Code 2010 2020 Ed.

postpone the date mentioned in that subsection to such other date as

the court deems fit.
[14/2019]

(9) To avoid doubt, this section does not affect the operation of any
rule of law concerning privilege, secrecy or the protection or
non-disclosure of any information.
[14/2019]

(10) In this section, “sensitive information” means information

that, if disclosed —
(a) may be prejudicial to the public safety, public security or
propriety, public order, national interest or national
security of Singapore or any part of Singapore;
(b) may endanger the safety of any particular person;
(c) may prejudice the effective conduct of any ongoing or
future operation or investigation of any law enforcement
agency; or
(d) may otherwise be prejudicial to the interests of justice in
any criminal investigation or criminal proceedings.
[14/2019]

Copies of proceedings
426.—(1) Any person (other than the Public Prosecutor) affected
by any judgment, sentence or order made by a court may, on
application to the court and upon payment of the prescribed fee, be
furnished with a copy of any judgment, sentence, order, deposition or
any other part of the record of proceedings.
(2) [Deleted by Act 19 of 2018]
(3) The court may, if it thinks fit, waive the payment of any fee
under this section.
(4) The Public Prosecutor may apply to the court and must be
furnished, free of charge, with a copy of any judgment, sentence,
order, deposition or any other part of the record of proceedings.
(5) Every application to the court under subsection (1) or (4) may be
dealt with, and the power of the court under subsection (3) may be
exercised, by —
2020 Ed. Criminal Procedure Code 2010 347
(a) the Registrar of the Supreme Court, if the court is the Court
of Appeal or the General Division of the High Court;
(b) the Registrar of the Family Justice Courts, if the court is a
Family Court or a Youth Court; or
(c) the Registrar of the State Courts, if the court is a District
Court or a Magistrate’s Court.
[19/2018; 40/2019]

Amendment of Schedules
427.—(1) The Minister may, by order in the Gazette, amend any of
the Schedules.
(2) The Minister may, in any order made under subsection (1),
make such incidental, consequential or supplementary provision as
may be necessary or expedient.
(3) Every order made under subsection (1) must be presented to
Parliament as soon as possible after publication in the Gazette.

Minister to make regulations

428.—(1) The Minister may make regulations for anything that is
required, permitted or necessary for carrying out the purposes and
provisions of this Code.
(2) Without limiting subsection (1), the Minister may make
regulations for or with respect to all or any of the following matters:
(a) the treatment, training and detention of persons sentenced
to reformative training, corrective training or preventive
detention, including any matter relating to the supervision
of such persons when they are released from their places of
detention;
(b) the recording of statements in the form of audiovisual
recordings, and the prevention of the following:
(i) the making of any unauthorised copy of any such
audiovisual recording;

31.12.2021
348 Criminal Procedure Code 2010 2020 Ed.

(ii) the unauthorised possession of any recording device

during the recording of any such statement or the
viewing of any such audiovisual recording;
(iii) the unauthorised use or distribution of any such
audiovisual recording;
(c) the prescribing of any additional method mentioned in
section 3(1)(j) for serving any notice, order or document
(other than a summons or a notice to attend court issued
under this Code) required or permitted to be served on a
person under this Code, including —
(i) prescribing different additional methods of service
for different types of notices, orders or documents;
(ii) restricting the application of a particular additional
method of service to a particular type of notice, order
or document; and
(iii) prescribing the conditions for the application of any
particular additional method of service, whether
generally or to any particular type of notice, order
or document;
(d) the prescribing of any matters relating to section 20(1),
(1A), (3) and (3A), including prescribing —
(i) the persons who must set up a system for receiving
and responding automatically to a written order
under section 20(1)(b), (1A), (3)(b) or (3A) and the
operational details of the system;
(ii) any matters concerning the service of a written order
under section 20(1), (1A), (3) or (3A);
(iii) the form and manner in which a person must
produce, give access to or deliver a copy of a
document or thing for the purposes of
section 20(1)(a)(iii) or (b)(i) or (ii) or (3)(b);
(iv) the manner in which a person must authenticate data,
or a copy of data, for the purposes of
2020 Ed. Criminal Procedure Code 2010 349
section 20(1A)(a)(i) or (b)(i) or (3A)(a)(i) or (b)(i);
and
(v) the form and manner in which a person must produce
data, or a copy of data, for the purposes of
section 20(1A)(a)(ii) or (b)(ii) or (3A)(a)(ii) or
(b)(ii);
(e) the electronic monitoring of the whereabouts of an accused
who is granted bail or released on personal bond, for the
purposes of section 94;
(f) the prescribing of anything that is required or permitted by
this Code to be prescribed.
[19/2018]

(3) The regulations made for or with respect to the matters in

subsection (2)(b) —
(a) may provide that a contravention of any specified
provision of those regulations is an offence;
(b) may provide for penalties not exceeding a fine of $2,000 or
imprisonment for a term not exceeding 2 years or both for
each offence; and
(c) may provide for any offence under those regulations to be
an arrestable offence.
[19/2018]

(4) The powers conferred by this section do not extend to any

matter for which Criminal Procedure Rules may be made under
section 428A.
[19/2018]

Criminal Procedure Rules Committee and Criminal Procedure

Rules
428A.—(1) A committee called the Criminal Procedure Rules
Committee is constituted by this section.
[19/2018]

(2) The Criminal Procedure Rules Committee consists of the

following members:
(a) the Chief Justice, who is the chairperson of the Committee;

31.12.2021
350 Criminal Procedure Code 2010 2020 Ed.

(b) 2 Supreme Court Judges (excluding the Presiding Judge of

the State Courts), each of whom is appointed by the Chief
Justice for such period as the Chief Justice may specify in
writing;
(c) the Presiding Judge of the State Courts;
(d) the Registrar of the Supreme Court;
(e) a District Judge, who is appointed by the Chief Justice for
such period as the Chief Justice may specify in writing;
(f) the Public Prosecutor, or a member appointed by the Public
Prosecutor under this paragraph for such period as the
Public Prosecutor may specify in writing;
(g) 2 members, each of whom is appointed by the Public
Prosecutor under this paragraph for such period as the
Public Prosecutor may specify in writing;
(h) 2 practising advocates and solicitors, each of whom is
appointed by the Minister for such period as the Minister
may specify in writing;
(i) 2 public officers, each of whom is appointed by the
Minister charged with the responsibility for home affairs
for such period as that Minister may specify in writing.
[19/2018; 40/2019]

(3) The Criminal Procedure Rules Committee may make Criminal

Procedure Rules regulating and prescribing the procedure and the
practice to be followed in each court in all matters in or with respect
to which that court for the time being exercises criminal jurisdiction
and any matters incidental to or relating to any such procedure or
practice.
[19/2018]

(4) Without limiting subsection (3), Criminal Procedure Rules may

be made for or with respect to all or any of the following matters:
(a) any form that is to be used by any person in relation to any
matter under this Code;
(b) the disclosure of and access to any document or material in
the possession of the prosecution or the defence, including
2020 Ed. Criminal Procedure Code 2010 351
any statement recorded under section 22 or 23 in the form
of an audiovisual recording;
(c) for giving effect to Parts 9, 10 and 11;
(d) the rates or scales of payment of the expenses and
compensation that may be ordered under section 363,
and any matter concerning the payment of the expenses
and compensation;
(e) in relation to documents being filed with, served on,
delivered or otherwise conveyed to any court or any party
to any criminal matter —
(i) the establishment of any electronic filing service and
any other matter that relates to the use or operation of
the electronic filing service;
(ii) the manner and form of any such filing, service,
delivery or conveyance;
(iii) the modification of such provisions of the Evidence
Act 1893 as may be necessary for the purpose of
facilitating the use in court of documents filed,
served, delivered or conveyed using the electronic
filing service;
(iv) the burden of proof and rebuttable presumptions in
relation to the identity and authority of the person
filing, serving, delivering or conveying the
documents by the use of the electronic filing service;
(v) the authentication of documents filed, served,
delivered or conveyed by the use of the electronic
filing service; and
(vi) the means by which particular facts may be proved,
and the mode in which evidence of those facts may
be given, in any proceedings which involve the use
or operation of the electronic filing service;
(f) the prescribing of anything that is required or permitted to
be prescribed by Criminal Procedure Rules.
[19/2018]

31.12.2021
352 Criminal Procedure Code 2010 2020 Ed.

(5) The quorum for a meeting of the Criminal Procedure Rules

Committee is 7 members.
[19/2018]

(6) Each member has one vote.

[19/2018]

(7) A decision is adopted by the Criminal Procedure Rules

Committee at a meeting if a majority of the votes cast on it are in
favour of it.
[19/2018]

(8) A member present at a meeting of the Criminal Procedure Rules

Committee is presumed to have agreed to, and to have cast a vote in
favour of, a decision of the Committee, unless the member expressly
votes against the decision at the meeting.
[19/2018]

(9) The members may, in place of the procedure described in

subsections (7) and (8), adopt a decision by assenting to the decision
in writing, if —
(a) all of the members are given (whether by post, personal
delivery or electronic communication) the terms of the
decision to be made; and
(b) a majority of those members who are entitled to vote on the
matter sign or approve a document containing the terms of
the decision to be made and a statement that they are in
favour of those terms.
[19/2018]

(10) Where subsection (9) applies, the decision is deemed to have

been adopted at a meeting of the Criminal Procedure Rules
Committee on the date on which the document containing the
terms of the decision to be made is signed or approved by the last
member required to form the majority of members in favour of the
decision.
[19/2018]

(11) For the purposes of subsections (9) and (10), the adoption of a
decision by the Criminal Procedure Rules Committee may consist of
several documents containing the same terms of the decision to be
made, each signed or approved by one or more members.
[19/2018]
2020 Ed. Criminal Procedure Code 2010 353
(12) Criminal Procedure Rules made under this section cannot
come into operation unless they have been approved by the Chief
Justice and the Minister.
[19/2018]

(13) All Criminal Procedure Rules made under this section must be
presented to Parliament as soon as possible after publication in the
Gazette.
[19/2018]

(14) This section does not affect either of the following:

(a) any other written law that confers power to make
subsidiary legislation for regulating or prescribing the
procedure and practice to be followed by any court when
exercising criminal jurisdiction, or jurisdiction of a
quasi-criminal nature, in any proceedings;
(b) any subsidiary legislation made under any such written
law.
[19/2018]

(15) Until the Criminal Procedure Rules Committee makes

Criminal Procedure Rules on any matter mentioned in
subsection (3) or (4), or for any other purpose mentioned in this
Code —
(a) the Minister may make rules under this subsection for that
matter or purpose; and
(b) the following are deemed to be Criminal Procedure Rules:
(i) any rules mentioned in paragraph (a);
(ii) any regulations made, before 17 September 2018,
under section 428 as in force before that date, for that
matter or purpose.
[19/2018]

(16) When the Criminal Procedure Rules Committee makes

Criminal Procedure Rules on any matter mentioned in
subsection (3) or (4), or for any other purpose mentioned in this
Code —

31.12.2021
354 Criminal Procedure Code 2010 2020 Ed.

(a) any subsidiary legislation mentioned in subsection (15)

that was made for that matter or purpose must be revoked;
and
(b) those Criminal Procedure Rules may contain such
provisions of a saving or transitional nature consequent
on the enactment of those Criminal Procedure Rules, or on
the revocation of that subsidiary legislation, as the
Criminal Procedure Rules Committee may consider
necessary or expedient.
[19/2018]

Saving and transitional provisions

429.—(1) This Code does not affect —
(a) any inquiry, trial or other proceeding commenced or
pending under the repealed Code before 2 January 2011,
and every such inquiry, trial or other proceeding may be
continued and everything in relation thereto may be done
in all respects after that date as if this Code had not been
enacted; and
(b) any further proceedings which may be taken under the
repealed Code in respect of any inquiry, trial or other
proceeding which has commenced or is pending before
2 January 2011, and such further proceedings may be taken
and everything in relation thereto may be done in all
respects after that date as if this Code had not been enacted.
(2) Any application, authorisation, consent, direction, fiat,
instruction, order, requirement or sanction of the Public Prosecutor
given or made under the repealed Code before 2 January 2011 and
which remains in force or which is not complied with before that date
is treated as if it were an application, authorisation, consent, direction,
fiat, instruction, order or requirement of the Public Prosecutor given
or made under the corresponding provisions of this Code.
(3) Any summons, warrant or requisition issued by a court under
the repealed Code before 2 January 2011 and which has not been
complied with or executed before that date is treated as if it were a
2020 Ed. Criminal Procedure Code 2010 355
summons, warrant or requisition (as the case may be) issued under the
corresponding provisions of this Code.
(4) Any proclamation published by a court under section 51 of the
repealed Code is treated as if it were a proclamation published under
section 88.
(5) Any authorisation given by the Commissioner of Police under
section 70 of the repealed Code which is not acted on before
2 January 2011 is treated as if it were an authorisation of the
Commissioner of Police given under section 33.
(6) Any written order of a police officer under section 58 of the
repealed Code which is not complied with before 2 January 2011 is
treated as if it were a written order of a police officer under section 20.
(7) Any order of a police officer under section 120 of the repealed
Code which is not complied with before 2 January 2011 is treated as if
it were an order of a police officer under section 21.
(8) Any requisition made by a police officer or authorised person
under section 125A or 125B of the repealed Code before 2 January
2011 which is not complied with before that date is deemed to be a
requisition made by a police officer or an authorised person under
section 39 or 40, respectively.
(9) Any plea of guilty by letter under section 137 of the repealed
Code which is not dealt with by a court before 2 January 2011 is
treated as if it were a plea of guilty by letter under section 154 and that
provision applies accordingly to the plea of guilty.
(10) Any plea of guilty under section 137A of the repealed Code
which is not dealt with by a court before 2 January 2011 is treated as if
it were a plea of guilty under section 226 and that provision applies
accordingly to the plea of guilty.
(11) Any bond executed by any person under the repealed Code
before 2 January 2011 and which remains in force on or after that date
is treated as if it were a bond executed under the corresponding
provisions of this Code.

31.12.2021
356 Criminal Procedure Code 2010 2020 Ed.

(12) Any person who is subject to the supervision of the police

under section 11 of the repealed Code is treated as if the person were a
person subject to police supervision under section 309 of this Code.
(13) Any information received or recorded under section 115 of the
repealed Code which is not dealt with in accordance with the
provisions of the repealed Code before 2 January 2011 is treated as if
the information were received or recorded under section 14 and the
police must deal with the matter in accordance with the provisions of
this Code.
(14) Any complaint which is received by a Magistrate before
2 January 2011 and which is not disposed of before that date, is
treated as if it were a complaint received by a Magistrate under this
Code and the provisions of this Code, with the necessary
modifications, apply in relation to the complaint.
(15) Any offence which is to be compounded under section 199A of
the repealed Code and which is not so compounded before 2 January
2011 is treated as an offence which is to be compounded under
section 243 of this Code.
(16) Despite any other provisions in this Code, Part 19 applies, with
the necessary modifications, to any property seized under the
provisions of the repealed Code and which is not reported or
disposed of in accordance with Chapter XXXVIII of the repealed
Code.
(17) Where any period of time specified in any provision in the
repealed Code is current immediately before 2 January 2011, this
Code has effect as if the corresponding provision in this Code had
been in force when the period began to run; and (without affecting the
foregoing) any period of time so specified and current is deemed for
the purposes of this Code —
(a) to run from the day or event from which it was running
immediately before 2 January 2011; and
2020 Ed. Criminal Procedure Code 2010 357
(b) to expire (subject to any provision of this Code for its
extension) whenever it would have expired if this Code had
not been enacted,
and any rights, priorities, liabilities, reliefs, obligations,
requirements, powers, duties or exemptions dependent on the
beginning, duration or end of such a period as abovementioned are
under this Code as they were or would have been under that provision
in the repealed Code.
(18) Any subsidiary legislation made under the repealed Code and
in force immediately before 2 January 2011, so far as it is not
inconsistent with the provisions of this Code, continues to be in force
as if made under this Code until it is revoked or repealed by
subsidiary legislation made under this Code.
(19) Insofar as it is necessary for preserving the effect of any
written law, any reference in such written law to a seizable offence or
a non-seizable offence is to be construed, respectively, as a reference
to an arrestable offence or a non-arrestable offence under this Code.
(20) Where in any written law reference is made to the sanction of
the Public Prosecutor or a Deputy Public Prosecutor, such reference is
to be read as a reference to the consent of the Public Prosecutor or a
Deputy Public Prosecutor.
(21) In any written law or document in which a reference is made to
the repealed Code, such reference is to be read as a reference to this
Code.
(22) Where before 2 January 2011 any inquiry is held under
Chapter XXX of the repealed Code and has not been concluded
immediately before that date, the inquiry may continue in accordance
with the provisions under the repealed Code relating to such inquiry
as if this Code had not been enacted.

31.12.2021
 FIRST SCHEDULE
358

Sections 2(1), 9(2) and (3), 153(1) and (3), 226(5) and 427(1)

TABULAR STATEMENT OF OFFENCES UNDER THE PENAL CODE 1871

Explanatory Notes. (1) The entries in the second and sixth columns of this Schedule, headed respectively “Offence” and
“Maximum punishment under the Penal Code 1871” are not intended as definitions of the offences and punishments described in
the several corresponding sections of the Penal Code 1871, or even as abstracts of those sections, but merely as references to the
subject of the section, the number of which is given in the first column. In the case of many offences punishable by fine the maximum
fine is limited by the Penal Code 1871; such offences are in the sixth column marked*.
(2) The entries in the third column of this Schedule are not intended in any way to restrict the powers of arrest without warrant
which may be lawfully exercised by police officers.
1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
Criminal Procedure Code 2010

CHAPTER 3 — PUNISHMENTS
73 Enhanced penalties for May arrest Warrant According as to Up to twice the Magistrate’s Court
offences alleged to have without warrant whether the punishment or District Court
been committed against offence alleged provided for the
domestic workers to have been offence
committed
against or in
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
relation to the
person is bailable
or not
74A Enhanced penalties for May arrest Warrant According as to Up to twice the Magistrate’s Court
offences alleged to have without warrant whether the punishment or District Court
been committed against offence alleged provided for the
vulnerable persons to have been offence
committed
against or in
relation to the
person is bailable
Criminal Procedure Code 2010

or not
74B Enhanced penalties for May arrest Warrant According as to Up to twice the Magistrate’s Court
offences alleged to have without warrant whether the punishment or District Court
been committed against offence alleged provided for the
child below 14 years of to have been offence
age committed
against or in
relation to the
359

31.12.2021
 FIRST SCHEDULE — continued
360

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
person is bailable
or not
CHAPTER 5 — ABETMENT
109 Abetment of any offence, May arrest According as to According as to The same The court by which
if the act abetted is without warrant, whether a whether the punishment as for the offence abetted
committed in if arrest for the warrant or offence abetted the offence abetted is triable
consequence, and where offence abetted summons may is bailable or not
no express provision is may be made issue for the
made for its punishment without warrant offence abetted
but not otherwise
Criminal Procedure Code 2010

110 Abetment of any offence, May arrest According as to According as to The same The court by which
if the person abetted does without warrant, whether a whether the punishment as for the offence abetted
the act with a different if arrest for the warrant or offence abetted the offence abetted is triable
intention from that of the offence abetted summons may is bailable or not
abettor may be made issue for the
without warrant offence abetted
but not otherwise
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
111 Abetment of any offence, May arrest According as to According as to The same The court by which
when one act is abetted without warrant, whether a whether the punishment as for the offence abetted
and a different act is if arrest for the warrant or offence abetted the offence intended is triable
done; subject to the offence abetted summons may is bailable or not to be abetted
proviso may be made issue for the
without warrant offence abetted
but not otherwise
113 Abetment of any offence, May arrest According as to According as to The same The court by which
when an effect is caused without warrant, whether a whether the punishment as for the offence abetted
by the act abetted if arrest for the warrant or offence abetted the offence is triable
different from that offence abetted summons may is bailable or not committed
Criminal Procedure Code 2010

intended by the abettor may be made issue for the

without warrant offence abetted
but not otherwise
114 Abetment of any offence, May arrest According as to According as to The same The court by which
if the abettor is present without warrant, whether a whether the punishment as for the offence abetted
when the offence is if arrest for the warrant or offence abetted the offence is triable
committed offence abetted summons may is bailable or not committed
may be made
361

31.12.2021
 FIRST SCHEDULE — continued
362

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
without warrant issue for the
but not otherwise offence abetted
115 Abetment of an offence May arrest According as to Not bailable Imprisonment for The court by which
punishable with death or without warrant, whether a 15 years, and fine, the offence abetted
imprisonment for life, if if arrest for the warrant or or caning is triable
the offence is not offence abetted summons may
committed in may be made issue for the
consequence of the without warrant offence abetted
abetment but not otherwise
115 If an act which causes May arrest According as to Not bailable Imprisonment for The court by which
Criminal Procedure Code 2010

harm is done in without warrant, whether a 20 years, and fine, the offence abetted
consequence of the if arrest for the warrant or or caning is triable
abetment offence abetted summons may
may be made issue for the
without warrant offence abetted
but not otherwise
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
116 Abetment of an offence May arrest According as to According as to The same The court by which
punishable with without warrant, whether a whether the punishment as for the offence abetted
imprisonment, if the if arrest for the warrant or offence abetted is the offence abetted, is triable
offence is not committed offence abetted summons may bailable or not provided that any
in consequence of the may be made issue for the mandatory minimum
abetment without warrant offence abetted sentence or sentence
but not otherwise fixed by law does not
apply
117 Abetting the commission May arrest According as to According as to Imprisonment for The court by which
of an offence by the without warrant, whether a whether the 5 years, or fine, or the offence abetted
public, or by more than if arrest for the warrant or offence abetted both is triable
Criminal Procedure Code 2010

10 persons offence abetted summons may is bailable or not

may be made issue for the
without warrant offence abetted
but not otherwise
118 Concealing a design to May arrest According as to Not bailable Imprisonment for The court by which
commit an offence without warrant, whether a 7 years, and fine the offence abetted
punishable with death or if arrest for the warrant or is triable
offence abetted summons may
363

31.12.2021
 FIRST SCHEDULE — continued
364

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
imprisonment for life, if may be made issue for the
the offence is committed without warrant offence abetted
but not otherwise
118 If the offence is not May arrest According as to Not bailable Imprisonment for The court by which
committed without warrant, whether a 3 years, and fine the offence abetted
if arrest for the warrant or is triable
offence abetted summons may
may be made issue for the
without warrant offence abetted
but not otherwise
Criminal Procedure Code 2010

119 A public servant May arrest According as to According as to Imprisonment The court by which
concealing a design to without warrant, whether a whether the extending to half of the offence abetted
commit an offence if arrest for the warrant or offence abetted the longest term is triable
which it is his or her offence abetted summons may is bailable or not provided for the
duty to prevent, if the may be made issue for the offence, or fine, or
offence is committed without warrant offence abetted both
but not otherwise
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
119 If the offence is May arrest According as to Not bailable Imprisonment for The court by which
punishable with death or without warrant, whether a 15 years, and fine the offence abetted
imprisonment for life if arrest for the warrant or is triable
offence abetted summons may
may be made issue for the
without warrant offence abetted
but not otherwise
119 If the offence is not May arrest According as to According as to Imprisonment The court by which
committed without warrant, whether a whether the extending to a the offence abetted
if arrest for the warrant or offence abetted quarter of the is triable
offence abetted summons may is bailable or not longest term
Criminal Procedure Code 2010

may be made issue for the provided for the

without warrant offence abetted offence, or fine, or
but not otherwise both
119 If the offence is May arrest According as to Not bailable Imprisonment for The court by which
punishable with death or without warrant, whether a 7 years, and fine the offence abetted
imprisonment for life but if arrest for the warrant or is triable
is not committed offence abetted summons may
may be made
365

31.12.2021
 FIRST SCHEDULE — continued
366

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
without warrant issue for the
but not otherwise offence abetted
120 Concealing a design to May arrest According as to According as to Imprisonment The court by which
commit an offence without warrant, whether a whether the extending to a the offence abetted
punishable with if arrest for the warrant or offence is quarter of the is triable
imprisonment, if the offence abetted summons may bailable or not longest term
offence is committed may be made issue for the provided for the
without warrant offence abetted offence, or fine, or
but not otherwise both
120 If the offence is not May arrest According as to According as to Imprisonment The court by which
Criminal Procedure Code 2010

committed without warrant, whether a whether the extending to the offence abetted
if arrest for the warrant or offence is one-eighth of the is triable
offence abetted summons may bailable or not longest term
may be made issue for the provided for the
without warrant offence abetted offence, or fine, or
but not otherwise both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
CHAPTER 5A — CRIMINAL CONSPIRACY
120B Criminal conspiracy May arrest According as to According as to The same The court by which
without warrant whether warrant whether the punishment as if the the offence which
if arrest for the or summons offence which is offence which is the is the subject of the
offence which is may issue for the subject of the subject of the conspiracy is
the subject of the the offence conspiracy is conspiracy was triable
conspiracy may which is the bailable or not abetted
be made without subject of the
warrant, but not conspiracy
otherwise
Criminal Procedure Code 2010

CHAPTER 6 — OFFENCES AGAINST THE STATE

121 Waging or attempting to May arrest Warrant Not bailable Death, or
wage war, or abetting the without warrant imprisonment for
waging of war, against life
the Government
121A Offences against the May arrest Warrant Not bailable Imprisonment for
President’s person without warrant life, or
367

31.12.2021
 FIRST SCHEDULE — continued
368

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
imprisonment for
20 years, and fine
121B Offences against May arrest Warrant Not bailable Imprisonment for
authority without warrant life, or
imprisonment for
20 years, and fine
121C Abetting offences under May arrest Warrant Not bailable Punishment
section 121A or 121B without warrant provided for
offences under
section 121A or
Criminal Procedure Code 2010

121B
121D Intentional omission to May arrest Warrant Not bailable Imprisonment for District Court
give information of without warrant 10 years, or fine, or
offences against both
section 121, 121A, 121B
or 121C
122 Collecting arms, etc., May arrest Warrant Not bailable Imprisonment for
with the intention of without warrant life, or
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
waging war against the imprisonment for
Government 20 years, and fine
123 Concealing with intent to May arrest Warrant Not bailable Imprisonment for
facilitate a design to without warrant 15 years, and fine
wage war
124 Assaulting the President, May arrest Warrant Not bailable Imprisonment for
etc., with intent to without warrant life, or
compel or restrain the imprisonment for
exercise of any lawful 20 years, and fine
power
Criminal Procedure Code 2010

125 Waging war against any May arrest Warrant Not bailable Imprisonment for
power in alliance or at without warrant life, or
peace with the imprisonment for
Government or abetting 15 years, and fine,
the waging of such war or fine
126 Committing depredation May arrest Warrant Not bailable Imprisonment for District Court
on the territories of any without warrant 10 years, and fine,
369

31.12.2021
power in alliance or at
 FIRST SCHEDULE — continued
370

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
peace with the and forfeiture of
Government certain property
127 Receiving property taken May arrest Warrant Not bailable Imprisonment for District Court
by war or depredation without warrant 7 years, and fine,
mentioned in and forfeiture of
sections 125 and 126 property so received
128 Public servant May arrest Warrant Not bailable Imprisonment for
voluntarily allowing without warrant life, or
prisoner of State or war imprisonment for
in his or her custody to 15 years, and fine
Criminal Procedure Code 2010

escape
129 Public servant May arrest Warrant Not bailable Imprisonment for District Court
negligently suffering without warrant 7 years, and fine
prisoner of State or war
in his or her custody to
escape
130 Aiding escape of, May arrest Warrant Not bailable Imprisonment for
rescuing, or harbouring, without warrant life, or
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
such prisoner, or offering imprisonment for
any resistance to the 15 years, and fine
recapture of such
prisoner
CHAPTER 6A — PIRACY
130B Piracy by law of nations May arrest Warrant Not bailable Imprisonment for
without warrant life, and caning
130B While committing or May arrest Warrant Not bailable Death
attempting to commit without warrant
piracy, the person
Criminal Procedure Code 2010

commits murder or
attempts to commit
murder, or does any act
which is likely to
endanger the life of
another person
371

31.12.2021
 FIRST SCHEDULE — continued
372

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
130C Piratical acts May arrest Warrant Not bailable Imprisonment for
without warrant 15 years, and caning
CHAPTER 6B — GENOCIDE
130E Genocide where offence May arrest Warrant Not bailable Death
consists of the killing of without warrant
any person
130E Genocide in any other May arrest Warrant Not bailable Imprisonment for
case without warrant life, or
imprisonment for
20 years
Criminal Procedure Code 2010

CHAPTER 7 — OFFENCES RELATING TO THE ARMED FORCES

131 Abetting mutiny, or May arrest Warrant Not bailable Imprisonment for
attempting to seduce an without warrant life, or
officer, a sailor, a soldier imprisonment for
or an airman from his or 10 years, and fine
her allegiance or duty
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
132 Abetment of mutiny, if May arrest Warrant Not bailable Death, or
mutiny is committed in without warrant imprisonment for
consequence thereof life, or
imprisonment for
10 years, and fine
133 Abetment of an assault May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
by an officer, a sailor, a without warrant 3 years, and fine or District Court
soldier or an airman on
his or her superior
officer, when in the
execution of his or her
Criminal Procedure Code 2010

office
134 Abetment of such assault, May arrest Warrant Not bailable Imprisonment for District Court
if the assault is without warrant 7 years, and fine
committed
135 Abetment of the May arrest Warrant Bailable Imprisonment for Magistrate’s Court
desertion of an officer, a without warrant 2 years, or fine, or or District Court
both
373

31.12.2021
 FIRST SCHEDULE — continued
374

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
sailor, a soldier or an
airman
136 Harbouring an officer, a May arrest Warrant Bailable Imprisonment for Magistrate’s Court
sailor, a soldier or an without warrant 2 years, or fine, or or District Court
airman who has deserted both
137 Deserter concealed on May not arrest Summons Bailable Fine* Magistrate’s Court
board merchant vessel, without warrant or District Court
through negligence of
master or person in
charge thereof
Criminal Procedure Code 2010

138 Abetment of act of May arrest Warrant Bailable Imprisonment for Magistrate’s Court
insubordination by an without warrant 6 months, or fine, or or District Court
officer, a sailor, a soldier both
or an airman, if the
offence is committed in
consequence
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
140 Wearing garb or carrying May arrest Summons Bailable Imprisonment for Magistrate’s Court
any token used by a without warrant 6 months, or fine*, or District Court
sailor, a soldier or an or both
airman with intent that it
may be believed that he
or she is such
CHAPTER 8 — OFFENCES RELATING TO UNLAWFUL ASSEMBLY
143 Being member of an May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
unlawful assembly without warrant 2 years, or fine, or or District Court
both
Criminal Procedure Code 2010

144 Joining an unlawful May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
assembly armed with without warrant 5 years, or fine, or or District Court
any deadly weapon caning, or any
combination of such
punishments
145 Joining or continuing in May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
an unlawful assembly, without warrant 5 years, or fine, or or District Court
375

31.12.2021
both
 FIRST SCHEDULE — continued
376

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
knowing that it has been
commanded to disperse
147 Rioting May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 7 years, and caning or District Court
148 Rioting, armed with a May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
deadly weapon without warrant 10 years, and caning or District Court
149 Offence committed by According as to According as to According as to The same as for the The court by which
member of an unlawful whether arrest whether a whether the offence offence is triable
assembly, other members may be made warrant or offence is
guilty without warrant summons may bailable or not
Criminal Procedure Code 2010

for the offence issue for the

or not offence
150 Hiring, engaging or May arrest According to the According as to The same as for a The court by which
employing persons to without warrant offence whether the member of such the offence is
take part in an unlawful committed by the offence is assembly, and for triable
assembly person hired, bailable or not any offence
engaged or committed by any
employed
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
member of such
assembly
151 Knowingly joining or May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
continuing in any without warrant 2 years, or fine, or or District Court
assembly of 5 or more both
persons after it has been
commanded to disperse
152 Assaulting or obstructing May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
public servant when without warrant 8 years, or fine, or or District Court
suppressing riot, etc. both
Criminal Procedure Code 2010

153 Wantonly giving May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
provocation with intent without warrant 3 years, or fine, or or District Court
to cause riot, if rioting is both
committed
153 If not committed May arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant one year, or fine, or or District Court
both
377

31.12.2021
 FIRST SCHEDULE — continued
378

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
154 Owner or occupier of May not arrest Summons Bailable Fine* Magistrate’s Court
land not giving without warrant or District Court
information of riot, etc.
155 Person for whose benefit May not arrest Summons Bailable Fine Magistrate’s Court
or on whose behalf a riot without warrant or District Court
takes place not using all
lawful means to prevent
it
156 Agent of owner or May not arrest Summons Bailable Fine Magistrate’s Court
occupier for whose without warrant or District Court
Criminal Procedure Code 2010

benefit a riot is
committed not using all
lawful means to prevent
it
157 Harbouring persons hired May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
for an unlawful assembly without warrant 2 years, or fine, or or District Court
both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
158 Being hired to take part in May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
an unlawful assembly or without warrant 2 years, or fine, or or District Court
riot both
158 Or to go armed May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 5 years, or fine, or or District Court
both
CHAPTER 9 — OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 Being or expecting to be May arrest Warrant Bailable Imprisonment for Magistrate’s Court
a public servant, and without warrant 3 years, or fine, or or District Court
taking a gratification both
Criminal Procedure Code 2010

other than legal

remuneration in respect
of an official act
162 Taking a gratification in May arrest Warrant Bailable Imprisonment for Magistrate’s Court
order, by corrupt or without warrant 3 years, or fine, or or District Court
illegal means, to both
influence a public servant
379

31.12.2021
 FIRST SCHEDULE — continued
380

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
163 Taking a gratification for May arrest Warrant Bailable Imprisonment for Magistrate’s Court
the exercise of personal without warrant one year, or fine, or or District Court
influence with a public both
servant
164 Abetment by public May arrest Warrant Bailable Imprisonment for Magistrate’s Court
servant of the offences without warrant 3 years, or fine, or or District Court
defined in sections 162 both
and 163 with reference to
himself or herself
165 Public servant obtaining May not arrest Summons Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

any valuable thing, without warrant 2 years, or fine, or or District Court

without consideration, both
from a person concerned
in any proceeding or
business transacted by
the public servant
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
166 Public servant May not arrest Summons Bailable Imprisonment for Magistrate’s Court
disobeying a direction of without warrant one year, or fine, or or District Court
the law with intent to both
cause injury to any
person
167 Public servant framing an May not arrest Summons Bailable Imprisonment for Magistrate’s Court
incorrect document or without warrant 3 years, or fine, or or District Court
electronic record with both
intent to cause injury
168 Public servant unlawfully May not arrest Summons Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

engaging in trade without warrant one year, or fine, or or District Court

both
169 Public servant unlawfully May not arrest Summons Bailable Imprisonment for Magistrate’s Court
buying or bidding for without warrant 2 years, or fine, or or District Court
property both, and
confiscation of
property, if
purchased
381

31.12.2021
 FIRST SCHEDULE — continued
382

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
170 Personating a public May arrest Warrant Bailable Imprisonment for Magistrate’s Court
servant without warrant 2 years, or fine, or or District Court
both
171 Wearing garb or carrying May arrest Warrant Bailable Imprisonment for Magistrate’s Court
token used by public without warrant 6 months, or fine*, or District Court
servant with fraudulent or both
intent
CHAPTER 10 — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172 Absconding to avoid May arrest Warrant Bailable Imprisonment for Magistrate’s Court
service of summons or without warrant one month, or fine*, or District Court
Criminal Procedure Code 2010

other proceeding from a or both

public servant
172 If summons or notice May arrest Warrant Bailable Imprisonment for Magistrate’s Court
requires attendance in without warrant 6 months, or fine*, or District Court
person, etc., in a court or both
of justice
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
173 Preventing the service or May arrest Warrant Bailable Imprisonment for Magistrate’s Court
the affixing of any without warrant one month, or fine*, or District Court
summons or notice, or or both
the removal of it when it
has been affixed, or
preventing a
proclamation
173 If summons, etc., May arrest Warrant Bailable Imprisonment for Magistrate’s Court
requires attendance in without warrant 6 months, or fine*, or District Court
person, etc., in a court or both
of justice
Criminal Procedure Code 2010

174 Not obeying a legal order May arrest Warrant Bailable Imprisonment for Magistrate’s Court
to attend at a certain place without warrant one month, or fine*, or District Court
in person or by agent, or or both
departing therefrom
without authority
383

31.12.2021
 FIRST SCHEDULE — continued
384

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
174 If the order requires May arrest Warrant Bailable Imprisonment for Magistrate’s Court
personal attendance, etc., without warrant 6 months, or fine*, or District Court
in a court of justice or both
175 Intentionally omitting to May not arrest Summons Bailable Imprisonment for District Court
produce a document or an without warrant one month, or fine*,
electronic record to a or both
public servant by a
person legally bound to
produce or deliver such
document or electronic
record
Criminal Procedure Code 2010

176 Intentionally omitting to May not arrest Summons Bailable Imprisonment for Magistrate’s Court
give notice or without warrant one month, or fine*, or District Court
information to a public or both
servant by a person
legally bound to give the
notice or information
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
176 If the notice or May not arrest Summons Bailable Imprisonment for Magistrate’s Court
information required without warrant 6 months, or fine*, or District Court
respects the commission or both
of an offence, etc.
177 Knowingly furnishing May not arrest Summons Bailable Imprisonment for Magistrate’s Court
false information to a without warrant 6 months, or fine*, or District Court
public servant or both
177 If the information May not arrest Summons Bailable Imprisonment for Magistrate’s Court
required respects the without warrant 3 years, or fine, or or District Court
commission of an both
Criminal Procedure Code 2010

offence, etc.
178 Refusing oath when duly May not arrest Summons Bailable Imprisonment for District Court
required to take an oath without warrant 6 months, or fine*,
by a public servant or both
179 Being legally bound to May not arrest Summons Bailable Imprisonment for District Court
state truth, and refusing without warrant 6 months, or fine*,
to answer questions to a or both
385

31.12.2021
public servant
 FIRST SCHEDULE — continued
386

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
180 Refusing to sign a May not arrest Summons Bailable Imprisonment for District Court
statement made to a without warrant 3 months, or fine*,
public servant when or both
legally required to do so
181 Knowingly stating to a May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
public servant on oath as without warrant 3 years, and fine or District Court
true that which is false
182 Giving false information May not arrest Summons Bailable Imprisonment for Magistrate’s Court
to a public servant in without warrant 2 years, or fine, or or District Court
order to cause him or both
Criminal Procedure Code 2010

her to use his or her

lawful power to the
injury or annoyance of
any person
183 Resistance to the taking May arrest Warrant Bailable Imprisonment for Magistrate’s Court
of property by the lawful without warrant 6 months, or fine*, or District Court
authority of a public or both
servant
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
184 Obstructing sale of May not arrest Summons Bailable Imprisonment for Magistrate’s Court
property offered for sale without warrant one month, or fine*, or District Court
by authority of a public or both
servant
185 Bidding by a person May not arrest Summons Bailable Imprisonment for Magistrate’s Court
under a legal incapacity without warrant one month, or fine*, or District Court
to purchase it, for or both
property at a lawfully
authorised sale, or
bidding without
intending to perform the
Criminal Procedure Code 2010

obligations incurred
thereby
186 Obstructing public May not arrest Summons Bailable Imprisonment for Magistrate’s Court
servant in discharge of without warrant 3 months, or fine*, or District Court
his or her public or both
functions
387

31.12.2021
 FIRST SCHEDULE — continued
388

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
187 Omission to assist public May arrest Summons Bailable Imprisonment for Magistrate’s Court
servant when bound by without warrant one month, or fine*, or District Court
law to give such or both
assistance
187 Wilfully neglecting to aid May arrest Summons Bailable Imprisonment for Magistrate’s Court
a public servant who without warrant 6 months, or fine*, or District Court
demands aid in the or both
execution of process, the
prevention of offences,
etc.
Criminal Procedure Code 2010

188 Disobedience to an order May not arrest Summons Bailable Imprisonment for Magistrate’s Court
lawfully promulgated by without warrant one month, or fine*, or District Court
a public servant, if such or both
disobedience causes
obstruction, annoyance
or injury to persons
lawfully employed
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
188 If such disobedience May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
causes danger to human without warrant 6 months, or fine*, or District Court
life, health or safety, etc. or both
189 Threatening a public May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
servant with injury to without warrant 2 years, or fine, or or District Court
him or her, or one in both
whom he or she is
interested, to induce him
or her to do or forbear to
do any official act
Criminal Procedure Code 2010

190 Threatening any person May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
to induce the person to without warrant one year, or fine, or or District Court
refrain from making a both
legal application for
protection from injury
389

31.12.2021
 FIRST SCHEDULE — continued
390

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
CHAPTER 11 — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
193 Giving or fabricating May not arrest Warrant Not bailable Imprisonment for District Court
false evidence in a without warrant 7 years, and fine
judicial proceeding
193 Giving or fabricating May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
false evidence in any without warrant 3 years, and fine or District Court
other case
194 Giving or fabricating May arrest Warrant Not bailable Imprisonment for
false evidence with without warrant life, or
intent to cause any imprisonment for
Criminal Procedure Code 2010

person to be convicted 20 years, and fine

of a capital offence
194 If innocent person is May arrest Warrant Not bailable Death, or as above
thereby convicted and without warrant
executed
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
195 Giving or fabricating According as to Warrant Not bailable The same as for the The court by which
false evidence with whether arrest offence the offence is
intent to procure may be made triable
conviction of an offence without warrant
punishable with for the offence
imprisonment for or not
7 years or upwards
195 Giving or fabricating According as to Warrant Not bailable Imprisonment for The court by which
false evidence with intent whether arrest 20 years the offence abetted
to procure conviction of may be made is triable
an offence punishable without warrant
Criminal Procedure Code 2010

with imprisonment for for the offence or

life not
196 Corruptly using or May not arrest Warrant Not bailable The same as for The court by which
attempting to use without warrant giving or fabricating the offence of
evidence known to be false evidence giving or
false or fabricated fabricating
evidence is triable
391

31.12.2021
 FIRST SCHEDULE — continued
392

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
197 Knowingly issuing or May not arrest Warrant Not bailable The same as for The court by which
signing a false certificate without warrant giving false evidence the offence of
relating to any fact of giving or
which that certificate is fabricating
by law admissible in evidence is triable
evidence
198 Using as a true certificate May not arrest Warrant Not bailable The same as for The court by which
one known to be false in a without warrant giving false evidence the offence of
material point giving or
fabricating
evidence is triable
Criminal Procedure Code 2010

199 False statement made in May not arrest Warrant Not bailable The same as for The court by which
any declaration which is without warrant giving false evidence the offence of
by law receivable as giving or
evidence fabricating
evidence is triable
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
200 Using as true any such May not arrest Warrant Not bailable The same as for The court by which
declaration known to be without warrant giving false evidence the offence of
false giving or
fabricating
evidence is triable
201 Causing disappearance of According as to Warrant Not bailable Imprisonment for District Court
evidence of an offence whether arrest 10 years, and fine
committed, or giving may be made
false information without warrant
touching it, to screen the for the offence
offender, if the offence is or not
Criminal Procedure Code 2010

capital
201 If punishable with According as to Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for life or whether arrest 7 years, and fine or District Court
imprisonment for may be made
20 years without warrant
for the offence
or not
393

31.12.2021
 FIRST SCHEDULE — continued
394

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
201 If punishable with According as to Warrant Not bailable Imprisonment for a Magistrate’s Court
imprisonment for less whether arrest quarter of the longest or District Court
than 20 years may be made term provided for the
without warrant offence, or fine, or
for the offence both
or not
202 Intentional omission to May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
give information of an without warrant 6 months, or fine, or or District Court
offence by a person both
legally bound to inform
Criminal Procedure Code 2010

203 Giving false information May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
respecting an offence without warrant 2 years, or fine, or or District Court
committed both
204 Secreting or destroying May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
any document or without warrant 2 years, or fine, or or District Court
electronic record to both
prevent its production as
evidence
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
204A Obstructing, preventing, May not arrest Warrant Not bailable Imprisonment for District Court
perverting or defeating without warrant 7 years, or fine, or
course of justice both
204B Bribery of witnesses May not arrest Warrant Not bailable Imprisonment for District Court
without warrant 7 years, or fine, or
both
205 False personation for the May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
purpose of any act or without warrant 3 years, or fine, or or District Court
proceeding in a suit or both
criminal prosecution, or
Criminal Procedure Code 2010

for becoming bail or

security
206 Fraudulent removal or May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
concealment, etc., of without warrant 2 years, or fine, or or District Court
property to prevent its both
seizure as a forfeiture or
in satisfaction of a fine
395

31.12.2021
 FIRST SCHEDULE — continued
396

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
under sentence, or in
execution of a decree
207 Claiming property May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without right, or without warrant 2 years, or fine, or or District Court
practising deception both
touching any right to it,
to prevent its being taken
as a forfeiture, or in
satisfaction of a fine
under sentence, or in
execution of a decree
Criminal Procedure Code 2010

208 Fraudulently suffering a May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
decree to pass for a sum without warrant 2 years, or fine, or or District Court
not due, or suffering both
decree to be executed
after it has been satisfied
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
210 Fraudulently obtaining a May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
decree for a sum not due, without warrant 2 years, or fine, or or District Court
or causing a decree to be both
executed after it has been
satisfied
211 False charge of offence May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
made with intent to injure without warrant 2 years, or fine, or or District Court
both
211 If offence charged is May arrest Warrant Not bailable Imprisonment for District Court
punishable with death, without warrant 7 years, and fine
Criminal Procedure Code 2010

or imprisonment for
7 years or upwards
212 Harbouring an offender, May arrest Warrant Not bailable Imprisonment for District Court
if the offence is capital without warrant 10 years, and fine
212 If punishable with May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for life or without warrant 7 years, and fine or District Court
imprisonment for
397

31.12.2021
20 years
 FIRST SCHEDULE — continued
398

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
212 If punishable with May arrest Warrant Not bailable Imprisonment for a Magistrate’s Court
imprisonment for one without warrant quarter of the longest or District Court
year and not for 20 years term provided for the
offence, or fine, or
both
213 Taking gift, etc., to screen According as to Warrant Not bailable Imprisonment for District Court
an offender from whether arrest 10 years, and fine
punishment, if the may be made
offence is capital without warrant
for the offence
or not
Criminal Procedure Code 2010

213 If punishable with According as to Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for life or whether arrest 7 years, and fine or District Court
imprisonment for may be made
20 years without warrant
for the offence
or not
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
213 If punishable with According as to Warrant Not bailable Imprisonment for a Magistrate’s Court
imprisonment for less whether arrest quarter of the longest or District Court
than 20 years may be made term provided for the
without warrant offence, or fine, or
for the offence both
or not
214 Offering gift or According as to Warrant Not bailable Imprisonment for District Court
restoration of property in whether arrest 10 years, and fine
consideration of may be made
screening offender, if the without warrant
offence is capital for the offence
Criminal Procedure Code 2010

or not
214 If punishable with According as to Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for life or whether arrest 7 years, and fine or District Court
imprisonment for may be made
20 years without warrant
for the offence
or not
399

31.12.2021
 FIRST SCHEDULE — continued
400

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
214 If punishable with According as to Warrant Not bailable Imprisonment for a Magistrate’s Court
imprisonment for less whether arrest quarter of the longest or District Court
than 20 years may be made term provided for the
without warrant offence, or fine, or
for the offence both
or not
215 Taking gift to help to May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
recover movable without warrant 2 years, or fine, or or District Court
property of which a both
person has been
deprived by an offence,
Criminal Procedure Code 2010

without causing
apprehension of offender
216 Harbouring an offender May arrest Warrant Not bailable Imprisonment for District Court
who has escaped from without warrant 10 years, and fine
custody, or whose
apprehension has been
ordered, if the offence is
capital
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
216 If punishable with May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for life or without warrant 7 years, and fine or District Court
imprisonment for
20 years
216 If punishable with May arrest Warrant Not bailable Imprisonment for a Magistrate’s Court
imprisonment for one without warrant quarter of the longest or District Court
year and not for 20 years term provided for the
offence, or fine, or
both
216A Harbouring robbers or May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

gang-robbers without warrant 7 years, and fine

217 Public servant May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
disobeying a direction of without warrant 2 years, or fine, or or District Court
law with intent to save both
person from punishment,
or property from
forfeiture
401

31.12.2021
 FIRST SCHEDULE — continued
402

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
218 Public servant framing an May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
incorrect record or without warrant 3 years, or fine, or or District Court
writing with intent to both
save person from
punishment, or property
from forfeiture
219 Public servant in a May not arrest Warrant Not bailable Imprisonment for District Court
judicial proceeding without warrant 7 years, or fine, or
corruptly making or both
pronouncing an order, a
report, a verdict or a
Criminal Procedure Code 2010

decision which he or she

knows to be contrary to
law
220 Commitment for trial or May not arrest Warrant Not bailable Imprisonment for District Court
confinement by a person without warrant 7 years, or fine, or
having authority, who both
knows that he or she is
acting contrary to law
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
221 Intentional omission to According as to Warrant Not bailable Imprisonment for District Court
apprehend on the part of whether arrest 10 years, and fine
a public servant bound by may be made
law to apprehend an without warrant
offender, if the offence for the offence
is capital or not
221 If punishable with According as to Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for life or whether arrest 7 years, and fine or District Court
imprisonment for may be made
20 years without warrant
for the offence
Criminal Procedure Code 2010

or not
221 If punishable with According as to Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for less whether arrest 5 years, or fine, or or District Court
than 20 years may be made both
without warrant
for the offence
or not
403

31.12.2021
 FIRST SCHEDULE — continued
404

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
222 Intentional omission to According as to Warrant Not bailable Imprisonment for
apprehend on the part of whether arrest life, or
a public servant bound by may be made imprisonment for
law to apprehend person without warrant 20 years, and fine
under sentence of a court for the offence
of justice, if under or not
sentence of death
222 If under sentence of According as to Warrant Not bailable Imprisonment for District Court
imprisonment for whether arrest 10 years, and fine
20 years or upwards may be made
without warrant
Criminal Procedure Code 2010

for the offence

or not
222 If under sentence of According as to Warrant Not bailable Imprisonment for Magistrate’s Court
imprisonment for less whether arrest 7 years, or fine, or or District Court
than 20 years, or may be made both
lawfully committed to without warrant
custody for the offence
or not
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
223 Escape from confinement May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
negligently suffered by a without warrant 2 years, or fine, or or District Court
public servant both
224 Resistance or obstruction May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
by a person to his or her without warrant 2 years, or fine, or or District Court
lawful apprehension both
225 Resistance or obstruction May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
to the lawful without warrant 5 years, or fine, or or District Court
apprehension of another both
person, or rescuing him
Criminal Procedure Code 2010

or her from lawful

custody
225 If charged with an May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
offence punishable with without warrant 7 years, and fine or District Court
imprisonment for life or
imprisonment for
20 years
405

31.12.2021
 FIRST SCHEDULE — continued
406

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
225 If charged with a capital May arrest Warrant Not bailable Imprisonment for District Court
offence without warrant 10 years, and fine
225 If the person is sentenced May arrest Warrant Not bailable Imprisonment for District Court
to imprisonment for without warrant 10 years, and fine
10 years or upwards
225 If under sentence of death May arrest Warrant Not bailable Imprisonment for
without warrant life, or
imprisonment for
15 years, and fine
225A Intentional omission to May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

apprehend on the part of without warrant 3 years, or fine, or or District Court

a public servant bound by both
law to apprehend any
person in a case not
provided for by
section 221, 222 or 223
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
225A Negligent omission to do May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
same without warrant 2 years, or fine, or or District Court
both
225B Resistance or obstruction May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
by a person to the lawful without warrant one year, or fine, or or District Court
apprehension of himself both
or herself or any other
person in a case not
otherwise provided for
225C Illegal act or omission for May not arrest Summons Bailable Fine* Magistrate’s Court
Criminal Procedure Code 2010

which punishment is not without warrant or District Court

provided
226 Unlawful return from May arrest Warrant Not bailable Imprisonment for the
banishment without warrant original term of
banishment or
expulsion, and fine
227 Violation of condition of May not arrest Warrant Not bailable Punishment of
407

31.12.2021
(repealed) remission of punishment without warrant original sentence,
 FIRST SCHEDULE — continued
408

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
or, if part of the
punishment has
been undergone, the
residue
228 Intentional insult or May not arrest Summons Not bailable Imprisonment for District Court
interruption to a public without warrant one year, or fine*,
servant sitting in any or both
stage of a judicial
proceeding
229 Personation of an May arrest Summons Not bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

assessor without warrant 2 years, or fine, or or District Court

both
CHAPTER 12 — OFFENCES RELATING TO GOVERNMENT STAMPS
255 Counterfeiting a May arrest Warrant Bailable Imprisonment for District Court
Government stamp without warrant 10 years, and fine
256 Having possession of an May arrest Warrant Bailable Imprisonment for District Court
instrument or material for without warrant 7 years, and fine
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
the purpose of
counterfeiting a
Government stamp
257 Making, buying or May arrest Warrant Bailable Imprisonment for District Court
selling instrument for without warrant 7 years, and fine
the purpose of
counterfeiting a
Government stamp
258 Sale of counterfeit May arrest Warrant Bailable Imprisonment for District Court
Government stamp without warrant 7 years, and fine
Criminal Procedure Code 2010

259 Having possession of a May arrest Warrant Bailable Imprisonment for District Court
counterfeit Government without warrant 7 years, and fine
stamp
260 Using as genuine a May arrest Warrant Bailable Imprisonment for District Court
Government stamp without warrant 7 years, or fine, or
known to be counterfeit both
409

31.12.2021
 FIRST SCHEDULE — continued
410

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
261 Effacing any writing May arrest Warrant Bailable Imprisonment for Magistrate’s Court
from a substance bearing without warrant 3 years, or fine, or or District Court
a Government stamp, or both
removing from a
document a stamp used
for it with intent to cause
loss to Government
262 Using a Government May arrest Warrant Bailable Imprisonment for Magistrate’s Court
stamp known to have without warrant 2 years, or fine, or or District Court
been before used both
Criminal Procedure Code 2010

263 Erasure of mark denoting May arrest Warrant Bailable Imprisonment for Magistrate’s Court
that stamp has been used without warrant 3 years, or fine, or or District Court
both
CHAPTER 13 — [Deleted by Act 15 of 2019]
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
CHAPTER 14 — OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH, SAFETY,
CONVENIENCE, DECENCY AND MORALS
267B Committing affray May arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant one year, or fine*, or District Court
or both
267C Making, printing, etc., May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
document containing without warrant 5 years, or fine, or or District Court
incitement to violence, both
etc.
268A Communicating false May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

information of harmful without warrant 7 years, or fine*, or

thing both
268B Placing or sending thing May arrest Warrant Not bailable Imprisonment for District Court
with intent to cause fear without warrant 7 years, or fine*, or
of harm both

31.12.2021
411
 FIRST SCHEDULE — continued
412

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
268C Placing or sending thing May arrest Warrant Bailable Imprisonment for Magistrate’s Court
causing fear of harm without warrant 6 months, or fine*, or District Court
or both
269 Negligently doing any act May arrest Summons Bailable Imprisonment for Magistrate’s Court
known to be likely to without warrant one year, or fine, or or District Court
spread infection of any both
disease dangerous to life
270 Malignantly doing any May arrest Warrant Bailable Imprisonment for Magistrate’s Court
act known to or likely to without warrant 4 years, or fine, or or District Court
spread infection of any both
Criminal Procedure Code 2010

disease dangerous to life

271 Knowingly disobeying May not arrest Summons Bailable Imprisonment for Magistrate’s Court
any quarantine rule without warrant 2 years, or fine, or or District Court
both
272 Adulterating food or May not arrest Summons Bailable Imprisonment for Magistrate’s Court
drink intended for sale, without warrant 3 years, or fine, or or District Court
so as to make the same both
noxious
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
273 Selling any food or drink May not arrest Summons Bailable Imprisonment for Magistrate’s Court
as food and drink without warrant 3 years, or fine, or or District Court
knowing the same to be both
noxious
274 Adulterating any drug or May not arrest Summons Bailable Imprisonment for Magistrate’s Court
medical preparation without warrant 3 years, or fine, or or District Court
intended for sale so as to both
lessen its efficacy, or to
change its operation, or to
make it noxious
Criminal Procedure Code 2010

275 Offering for sale or May not arrest Summons Bailable Imprisonment for Magistrate’s Court
issuing from a without warrant 3 years, or fine, or or District Court
dispensary any drug or both
medical preparation
known to have been
adulterated
413

31.12.2021
 FIRST SCHEDULE — continued
414

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
276 Knowingly selling or May not arrest Summons Bailable Imprisonment for Magistrate’s Court
issuing from a without warrant 3 years, or fine, or or District Court
dispensary any drug or both
medical preparation as a
different drug or medical
preparation
277 Fouling the water of a May arrest Summons Bailable Imprisonment for Magistrate’s Court
public spring or reservoir without warrant 3 years, or fine, or or District Court
both
278 Making atmosphere May not arrest Summons Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

noxious to health without warrant 3 years, or fine, or or District Court

both
279 Driving or riding on a May arrest Summons Bailable Imprisonment for Magistrate’s Court
public way so rashly or without warrant one year, or fine*, or District Court
negligently as to or both
endanger human life, etc.
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
280 Navigating any vessel so May arrest Summons Bailable Imprisonment for Magistrate’s Court
rashly or negligently as to without warrant one year, or fine*, or District Court
endanger human life, etc. or both
281 Exhibition of a false May arrest Warrant Bailable Imprisonment for District Court
light, mark or buoy without warrant 7 years, or fine, or
both
282 Conveying for hire any May arrest Summons Bailable Imprisonment for Magistrate’s Court
person by water, in a without warrant one year, or fine*, or District Court
vessel in such a state, or or both
so loaded, as to endanger
Criminal Procedure Code 2010

his or her life

283 Causing danger, May arrest Summons Bailable Fine* Magistrate’s Court
obstruction or injury in without warrant or District Court
any public way or line of
navigation
284(1)(a) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with dangerous without warrant one year, or fine*, or or District Court
415

31.12.2021
or harmful substance so both
 FIRST SCHEDULE — continued
416

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
as to be likely to cause
hurt or injury to any other
person
284(1)(b) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with dangerous without warrant one year, or fine*, or or District Court
or harmful substance so both
as to endanger human life
284(1)(c) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with dangerous without warrant 3 years, or fine, or or District Court
or harmful substance so both
Criminal Procedure Code 2010

as to cause hurt to any

other person
284(1)(d) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with dangerous without warrant 6 years, or fine, or or District Court
or harmful substance so both
as to cause grievous hurt
to any other person
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
284(1)(e) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with dangerous without warrant 7 years, or fine, or or District Court
or harmful substance so both
as to cause death of any
other person
285(1)(a) Causing or contributing May arrest Summons Bailable Imprisonment for Magistrate’s Court
to the risk of dangerous without warrant one year, or fine*, or or District Court
fire where the fire is both
likely to cause hurt or
injury to any other person
Criminal Procedure Code 2010

285(1)(b) Where the fire endangers May arrest Summons Bailable Imprisonment for Magistrate’s Court
human life without warrant one year, or fine*, or or District Court
both
285(1)(c) Where the fire damages May arrest Summons Bailable Imprisonment for Magistrate’s Court
property or diminishes without warrant 18 months, or fine, or District Court
value or utility thereof or both
417

31.12.2021
 FIRST SCHEDULE — continued
418

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
285(1)(d) Where the fire causes May arrest Summons Bailable Imprisonment for Magistrate’s Court
hurt or injury to any other without warrant 3 years, or fine, or or District Court
person both
285(1)(e) Where the fire causes May arrest Summons Bailable Imprisonment for Magistrate’s Court
grievous hurt to any other without warrant 6 years, or fine, or or District Court
person both
285(1)(f) Where the fire causes May arrest Summons Bailable Imprisonment for Magistrate’s Court
death to any other person without warrant 7 years, or fine, or or District Court
both
287(1)(a) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

conduct with machinery without warrant one year, or fine*, or or District Court
so as to be likely to cause both
hurt or injury to any other
person
287(1)(b) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with machinery without warrant one year, or fine*, or or District Court
so as to endanger human both
life
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
287(1)(c) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with machinery without warrant 3 years, or fine, or or District Court
so as to cause hurt or both
injury to any other person
287(1)(d) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with machinery without warrant 6 years, or fine, or or District Court
so as to cause grievous both
hurt to any other person
287(1)(e) Rash or negligent May arrest Summons Bailable Imprisonment for Magistrate’s Court
conduct with machinery without warrant 7 years, or fine, or or District Court
Criminal Procedure Code 2010

so as to cause death of both

any other person
288(1)(a) Negligence in pulling May arrest Summons Bailable Imprisonment for Magistrate’s Court
down or repairing without warrant one year, or fine*, or or District Court
buildings so as to both
endanger human life
419

31.12.2021
 FIRST SCHEDULE — continued
420

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
288(1)(b) Negligence in pulling May arrest Summons Bailable Imprisonment for Magistrate’s Court
down or repairing without warrant 7 years, or fine, or or District Court
buildings so as to cause both
death of any other person
289(1)(a) Negligent conduct with May arrest Summons Bailable Imprisonment for Magistrate’s Court
respect to any animal so without warrant one year, or fine*, or or District Court
as to be likely to cause both
grievous hurt
289(1)(b) Negligent conduct with May arrest Summons Bailable Imprisonment for Magistrate’s Court
respect to any animal so without warrant one year, or fine*, or or District Court
Criminal Procedure Code 2010

as to endanger human life both

289(1)(c) Negligent conduct with May arrest Summons Bailable Imprisonment for Magistrate’s Court
respect to any animal so without warrant 6 years, or fine, or or District Court
as to cause grievous hurt both
to any other person
289(1)(d) Negligent conduct with May arrest Summons Bailable Imprisonment for Magistrate’s Court
respect to any animal so without warrant 7 years, or fine, or or District Court
both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
as to cause death of any
other person
290(a) Committing a public May arrest Summons Bailable Fine* Magistrate’s Court
nuisance without warrant or District Court
290(b) Where the offender knew May arrest Summons Bailable Imprisonment for Magistrate’s Court
that the public nuisance without warrant 3 months, or fine*, or District Court
will cause or will or both
probably cause any
common injury, danger
or annoyance to the
Criminal Procedure Code 2010

public, or to the people in

general who dwell or
occupy property in the
vicinity
290(c) Committing a public May arrest Summons Bailable Imprisonment for Magistrate’s Court
nuisance on second or without warrant 3 months, or fine*, or District Court
subsequent conviction or both
421

31.12.2021
 FIRST SCHEDULE — continued
422

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
291 Continuance of nuisance May arrest Summons Bailable Imprisonment for Magistrate’s Court
after injunction to without warrant 6 months, or fine, or or District Court
discontinue both
292(1) Sale, etc., of obscene May arrest Warrant Bailable Imprisonment for Magistrate’s Court
books, etc. without warrant 3 months, or fine, or or District Court
both
292(1A) Sale, etc., of obscene May arrest Warrant Bailable Imprisonment for Magistrate’s Court
objects depicting minor without warrant 2 years, or fine, or or District Court
below 16 years of age both
292A Possession, distribution, May arrest Warrant Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

etc., of child sex-doll without warrant 2 years, or fine, or or District Court

both
293 Sale, etc., of obscene May arrest Warrant Bailable Imprisonment for Magistrate’s Court
objects to persons under without warrant one year, or fine, or or District Court
the age of 21 years both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
294 Doing obscene act or May arrest Warrant Bailable Imprisonment for Magistrate’s Court
reciting obscene words without warrant 3 months, or fine, or or District Court
in a public place both
CHAPTER 15 — OFFENCES RELATING TO RELIGION OR RACE
295 Destroying, damaging, or May arrest Summons Not bailable Imprisonment for Magistrate’s Court
defiling a place of without warrant 5 years, or fine, or or District Court
worship or sacred object both
with intent to insult the
religion of any class of
persons
Criminal Procedure Code 2010

296 Causing a disturbance to May arrest Summons Not bailable Imprisonment for Magistrate’s Court
an assembly engaged in without warrant 3 years, or fine, or or District Court
religious worship both
297 Trespassing in place of May arrest Summons Not bailable Imprisonment for Magistrate’s Court
worship or sepulture, without warrant 3 years, or fine, or or District Court
disturbing funeral, with both
intention to wound the
423

31.12.2021
feelings or to insult the
 FIRST SCHEDULE — continued
424

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
religion of any person, or
offering indignity to a
human corpse
298 Uttering any word or May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
making any sound in the without warrant 3 years, or fine, or or District Court
hearing, or making any both
gesture, or placing any
object in the sight of any
person or causing any
matter however
represented to be seen or
Criminal Procedure Code 2010

heard by that person, with

intention to wound his or
her religious or racial
feelings
298A Promoting enmity May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
between different groups without warrant 3 years, or fine, or or District Court
on grounds of religion or both
race, and doing acts
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
prejudicial to
maintenance of harmony
CHAPTER 16 — OFFENCES AFFECTING THE HUMAN BODY
Offences affecting life
302 Murder May arrest Warrant Not bailable Death
without warrant
304(a) Culpable homicide not May arrest Warrant Not bailable Imprisonment for
amounting to murder if without warrant life, or
act by which the death is imprisonment for
Criminal Procedure Code 2010

caused is done with 20 years, and fine,

intention of causing or caning
death, etc.
304(b) If act is done with May arrest Warrant Not bailable Imprisonment for District Court
knowledge that it is without warrant 15 years, or fine, or
likely to cause death, but caning, or any
without any intention to combination of such
cause death, etc. punishments
425

31.12.2021
 FIRST SCHEDULE — continued
426

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
304A(a) Causing death by rash act May arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant 5 years, or fine, or or District Court
both
304A(b) Causing death by May arrest Warrant Bailable Imprisonment for Magistrate’s Court
negligent act without warrant 2 years, or fine, or or District Court
both
304B Causing death of child May arrest Warrant Not bailable Imprisonment for District Court
below 14 years of age, without warrant 20 years, and fine, or
domestic worker or caning
vulnerable person by
Criminal Procedure Code 2010

sustained abuse
304C Causing or allowing May arrest Warrant Not bailable Imprisonment for District Court
death of child below without warrant 20 years, and fine, or
14 years of age, domestic caning
worker or vulnerable
person in same household
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
305(1)(a) Abetment of suicide of May arrest Warrant Not bailable Death, or
minor, or person who without warrant imprisonment for
lacks capacity life, or imprisonment
for 20 years, and fine
305(1)(b) Abetment of attempted May arrest Warrant Not bailable Imprisonment for District Court
suicide committed by without warrant 15 years, and fine
minor, or person who
lacks capacity
305(1)(c) Abetment of attempted May arrest Warrant Not bailable Imprisonment for District Court
suicide of minor, or without warrant life, or imprisonment
Criminal Procedure Code 2010

person who lacks for 20 years, and fine

capacity where hurt is
caused
306 Abetting the commission May arrest Warrant Not bailable Imprisonment for
of suicide or attempted without warrant 10 years, and fine
suicide
307(1) Attempt to murder May arrest Warrant Not bailable Imprisonment for
427

31.12.2021
without warrant 15 years, and fine
 FIRST SCHEDULE — continued
428

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
307(1) If hurt is caused to any May arrest Warrant Not bailable Imprisonment for
person by such act without warrant life, or
imprisonment for
20 years, and
caning, or fine, or
both
307(2) Attempt by life-convict May arrest Warrant Not bailable Death
to murder, if hurt is without warrant
caused
308 Attempt to commit May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

culpable homicide not without warrant 7 years, or fine, or

amounting to murder both
308 If hurt is caused to any May arrest Warrant Not bailable Imprisonment for
person by such act without warrant 15 years, or fine, or
caning, or any
combination of such
punishments
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
308A Causing death in May arrest Warrant Not bailable Imprisonment for
furtherance of group’s without warrant life, or
object imprisonment for
20 years, and caning
308B Concealment, May arrest Warrant Not bailable Imprisonment for District Court
desecration or disposal of without warrant 7 years
corpse that impedes
discovery, identification,
criminal investigations or
prosecutions
Criminal Procedure Code 2010

311 Infanticide May arrest Warrant Bailable Imprisonment for District Court
without warrant life, or
imprisonment for
10 years, and fine
Causing miscarriage; injuries to unborn children; exposure of infants; and concealment of births
312 Causing miscarriage May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 3 years, or fine, or or District Court
429

31.12.2021
both
 FIRST SCHEDULE — continued
430

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
312 If the woman’s May not arrest Warrant Not bailable Imprisonment for District Court
pregnancy is more than without warrant 7 years, and fine
16 weeks
313 Causing miscarriage May arrest Warrant Not bailable Imprisonment for
without woman’s consent without warrant life, or
imprisonment for
10 years, and fine
314 Death caused by an act May arrest Warrant Not bailable Imprisonment for District Court
done with intent to cause without warrant 10 years, and fine
miscarriage
Criminal Procedure Code 2010

314 If act done without May arrest Warrant Not bailable Imprisonment for
woman’s consent without warrant life, or
imprisonment for
10 years, and fine
315 Act done with intent to May arrest Warrant Not bailable Imprisonment for District Court
prevent a child being without warrant 10 years, or fine, or
born alive, or to cause both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
the child to die after his
or her birth
316 Causing death of a quick May arrest Warrant Not bailable Imprisonment for District Court
unborn child by an act without warrant 10 years, and fine
amounting to culpable
homicide
317 Exposure of a child under May arrest Warrant Not bailable Imprisonment for District Court
12 years of age by parent without warrant 7 years, or fine, or
or person having care of both
such child, with intention
Criminal Procedure Code 2010

of wholly abandoning the

child
318 Concealment of birth by May arrest Warrant Bailable Imprisonment for Magistrate’s Court
secret disposal of dead without warrant 2 years, or fine, or or District Court
body both
431

31.12.2021
 FIRST SCHEDULE — continued
432

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
Hurt
323 Voluntarily causing hurt May not arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant 3 years, or fine*, or or District Court
both
323A Voluntarily causing hurt May arrest Summons Bailable Imprisonment for Magistrate’s Court
which causes grievous without warrant 5 years, or fine*, or or District Court
hurt both
324 Voluntarily causing hurt May arrest Summons Not bailable Imprisonment for Magistrate’s Court
by dangerous weapons or without warrant 7 years, or fine, or or District Court
means caning, or any
Criminal Procedure Code 2010

combination of such
punishments
325 Voluntarily causing May arrest Summons Not bailable Imprisonment for Magistrate’s Court
grievous hurt without warrant 10 years, and fine, or District Court
or caning
326 Voluntarily causing May arrest Warrant Not bailable Imprisonment for District Court
grievous hurt by without warrant life, or
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
dangerous weapons or imprisonment for
means 15 years, and fine,
or caning
327 Voluntarily causing hurt May arrest Warrant Not bailable Imprisonment for District Court
to extort property or a without warrant 10 years, and fine,
valuable security, or to or caning
constrain to do anything
which is illegal or which
may facilitate the
commission of an offence
Criminal Procedure Code 2010

328 Administering poison, May arrest Warrant Not bailable Imprisonment for District Court
etc., with intent to cause without warrant 10 years, and fine,
hurt, etc. or caning
329 Voluntarily causing May arrest Warrant Not bailable Imprisonment for District Court
grievous hurt to extort without warrant life, or
property or a valuable imprisonment for
security, or to constrain 10 years, and fine,
to do anything which is or caning
433

31.12.2021
 FIRST SCHEDULE — continued
434

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
illegal or which may
facilitate the commission
of an offence
330 Voluntarily causing hurt May arrest Warrant Not bailable Imprisonment for District Court
to extort confession or without warrant 7 years, and fine, or
information, or to caning
compel restoration of
property, etc.
331 Voluntarily causing May arrest Warrant Not bailable Imprisonment for District Court
grievous hurt to extort without warrant 10 years, and fine,
Criminal Procedure Code 2010

confession or or caning
information, or to
compel restoration of
property, etc.
332 Voluntarily causing hurt May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
to deter public servant without warrant 7 years, or fine, or or District Court
from his or her duty caning
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
333 Voluntarily causing May arrest Warrant Not bailable Imprisonment for District Court
grievous hurt to deter without warrant 15 years, and fine,
public servant from his or caning
or her duty
334 Voluntarily causing hurt May not arrest Summons Bailable Imprisonment for Magistrate’s Court
on grave and sudden without warrant 6 months, or fine*, or District Court
provocation, not or both
intending to hurt any
other than the person
who gave the provocation
Criminal Procedure Code 2010

334A Voluntarily causing hurt May arrest Summons Bailable Imprisonment for Magistrate’s Court
on provocation which without warrant one year, or fine*, or or District Court
causes grievous hurt both
335 Causing grievous hurt on May arrest Summons Bailable Imprisonment for Magistrate’s Court
grave and sudden without warrant 6 years, or fine*, or or District Court
provocation, not both
intending to hurt any
435

31.12.2021
 FIRST SCHEDULE — continued
436

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
other than the person who
gave the provocation
335A(5)(a) Allowing neglect or May arrest Warrant Not bailable Imprisonment for District Court
physical or sexual abuse without warrant 7 years, or fine*, or
of domestic worker or both
vulnerable person where
death is caused
335A(5)(b) Allowing neglect or May arrest Warrant Not bailable Imprisonment for District Court
physical or sexual abuse without warrant 4 years, or fine*, or
of domestic worker or both
Criminal Procedure Code 2010

vulnerable person where

death is not caused
335B Act which endangers May arrest Warrant Not bailable Imprisonment for District Court
human life, etc., with without warrant 7 years, or fine, or
knowledge or belief that both
it is likely to cause death
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
336(a) Doing any rash act which May arrest Summons Bailable Imprisonment for Magistrate’s Court
endangers human life or without warrant 6 months, or fine*, or District Court
the personal safety of or both
others
336(b) Doing any negligent act May arrest Summons Bailable Imprisonment for Magistrate’s Court
which endangers human without warrant 3 months, or fine*, or District Court
life or the personal safety or both
of others
337(a) Causing hurt by a rash act May arrest Summons Bailable Imprisonment for Magistrate’s Court
which endangers human without warrant one year, or fine*, or District Court
Criminal Procedure Code 2010

life, etc. or both

337(b) Causing hurt by a May arrest Summons Bailable Imprisonment for Magistrate’s Court
negligent act which without warrant 6 months, or fine*, or District Court
endangers human life, or both
etc.
338(a) Causing grievous hurt by May arrest Summons Bailable Imprisonment for Magistrate’s Court
a rash act which without warrant 4 years, or fine*, or or District Court
437

31.12.2021
both
 FIRST SCHEDULE — continued
438

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
endangers human life,
etc.
338(b) Causing grievous hurt by May arrest Summons Bailable Imprisonment for Magistrate’s Court
a negligent act which without warrant 2 years, or fine*, or or District Court
endangers human life, both
etc.
Wrongful restraint and wrongful confinement
341 Wrongfully restraining May arrest Summons Bailable Imprisonment for Magistrate’s Court
any person without warrant one month, or fine*, or District Court
or both
Criminal Procedure Code 2010

342 Wrongfully confining May arrest Summons Not bailable Imprisonment for Magistrate’s Court
any person without warrant 3 years, or fine, or or District Court
both
345 Keeping any person in May arrest Summons Not bailable Imprisonment for Magistrate’s Court
wrongful confinement, without warrant 2 years, in addition or District Court
knowing that a writ has to imprisonment
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
been issued for his or her under any other
liberation section
346 Wrongful confinement in May arrest Summons Not bailable Imprisonment for Magistrate’s Court
secret without warrant 2 years, in addition or District Court
to imprisonment
under any other
section
347 Wrongful confinement May arrest Summons Not bailable Imprisonment for Magistrate’s Court
for the purpose of without warrant 3 years, and fine or District Court
extorting property, or
Criminal Procedure Code 2010

constraining to an illegal
act, etc.
348 Wrongful confinement May arrest Summons Not bailable Imprisonment for Magistrate’s Court
for the purpose of without warrant 3 years, and fine or District Court
extorting confession or
information, or of
compelling restoration
of property, etc.
439

31.12.2021
 FIRST SCHEDULE — continued
440

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
Criminal force and assault
352 Assault or use of criminal May not arrest Summons Bailable Imprisonment for Magistrate’s Court
force otherwise than on without warrant 3 months, or fine*, or District Court
grave and sudden or both
provocation
353 Assault or use of criminal May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
force to deter a public without warrant 4 years, or fine, or or District Court
servant from discharge both
of his or her duty
354(1) Assault or use of criminal May arrest Warrant Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

force to a person with without warrant 2 years, or fine, or or District Court

intent to outrage modesty caning, or any
combination of such
punishments
354(2) If committed against any May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
person under 14 years of without warrant 5 years, or fine, or or District Court
age caning, or any
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
combination of such
punishments
354A(1) Voluntarily causing or May arrest Warrant Not bailable Imprisonment for District Court
attempting to cause without warrant 10 years, and caning
death, hurt, etc., in
committing the offence
of outraging modesty
354A(2) If committed in a lift in May arrest Warrant Not bailable Imprisonment for District Court
any building or against without warrant 10 years, and caning
any person under
Criminal Procedure Code 2010

14 years of age
355 Assault or use of criminal May not arrest Summons Bailable Imprisonment for Magistrate’s Court
force with intent to without warrant 2 years, or fine, or or District Court
dishonour a person, both
otherwise than on grave
and sudden provocation
356 Assault or use of criminal May arrest Warrant Not bailable Imprisonment for District Court
441

31.12.2021
force in committing or without warrant 7 years, and caning
 FIRST SCHEDULE — continued
442

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
attempting to commit
theft of property worn or
carried by a person
357 Assault or use of criminal May arrest Warrant Bailable Imprisonment for Magistrate’s Court
force in attempting without warrant one year, or fine*, or District Court
wrongfully to confine a or both
person
358 Assault or use of criminal May not arrest Summons Bailable Imprisonment for Magistrate’s Court
force on grave and without warrant one month, or fine*, or District Court
sudden provocation or both
Criminal Procedure Code 2010

Kidnapping, abduction, slavery and forced labour

363 Kidnapping May arrest Warrant Not bailable Imprisonment for District Court
without warrant 10 years, and fine,
or caning
363A Abduction May arrest Warrant Not bailable Imprisonment for District Court
without warrant 7 years, or fine, or
caning, or any
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
combination of such
punishments
364 Kidnapping or abducting May arrest Warrant Not bailable Death, or
in order to murder without warrant imprisonment for
life, and caning
365 Kidnapping or abducting May arrest Warrant Not bailable Imprisonment for District Court
with intent secretly and without warrant 10 years, and fine,
wrongfully to confine a or caning
person
366 Kidnapping or abducting May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

a woman to compel her without warrant 10 years, and fine,

marriage or to cause her or caning
defilement, etc.
367 Kidnapping or abducting May arrest Warrant Not bailable Imprisonment for District Court
in order to subject a without warrant 10 years, and fine,
person to grievous hurt, or caning
slavery, etc.
443

31.12.2021
 FIRST SCHEDULE — continued
444

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
368 Concealing or keeping in May arrest Warrant Not bailable Punishment for District Court
confinement a kidnapped without warrant kidnapping or
person abduction
370 Buying or disposing of May arrest Warrant Not bailable Imprisonment for District Court
any person as a slave without warrant 7 years, and fine
371 Habitual dealing in slaves May arrest Warrant Not bailable Imprisonment for District Court
without warrant life, or
imprisonment for
10 years, and fine
372 Selling or letting to hire a May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

minor for purposes of without warrant 10 years, and fine

prostitution, etc.
373 Buying or obtaining May arrest Warrant Not bailable Imprisonment for District Court
possession of a minor without warrant 10 years, and fine
for the same purposes
373A Importing woman by May arrest Warrant Not bailable Imprisonment for District Court
fraud with intent, etc. without warrant 10 years, and fine
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
374 Unlawful compulsory May arrest Warrant Bailable Imprisonment for Magistrate’s Court
labour without warrant one year, or fine, or or District Court
both
Sexual offences
375(2) Rape May arrest Warrant Not bailable Imprisonment for
without warrant 20 years, and fine,
or caning
375(3)(a) If in order to commit or to May arrest Warrant Not bailable Imprisonment for
facilitate the commission without warrant 20 years, and caning
of an offence of rape,
Criminal Procedure Code 2010

voluntarily causes hurt

or puts a person in fear
of death or hurt
375(3)(b) Rape of person below May arrest Warrant Not bailable Imprisonment for
14 years of age without without warrant 20 years, and caning
person’s consent
445

31.12.2021
 FIRST SCHEDULE — continued
446

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
375(3)(c) Exploitative rape of May arrest Warrant Not bailable Imprisonment for
person below 14 years of without warrant 20 years, and caning
age
376(3) Sexual assault involving May arrest Warrant Not bailable Imprisonment for
penetration without warrant 20 years, and fine,
or caning
376(4)(a) If in order to commit or to May arrest Warrant Not bailable Imprisonment for
facilitate the commission without warrant 20 years, and caning
of sexual assault
involving penetration,
Criminal Procedure Code 2010

voluntarily causes hurt

or puts a person in fear
of death or hurt
376(4)(b) Sexual assault involving May arrest Warrant Not bailable Imprisonment for
penetration of person without warrant 20 years, and caning
under 14 years of age
without his or her consent
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
376(4)(c) Exploitative sexual May arrest Warrant Not bailable Imprisonment for
assault involving without warrant 20 years, and caning
penetration of person
below 14 years of age
376A(2)(a) Exploitative sexual May arrest Warrant Not bailable Imprisonment for District Court
penetration of minor of or without warrant 20 years, and fine, or
above 14 but below caning
16 years of age
376A(2)(b) Sexual penetration of May arrest Warrant Not bailable Imprisonment for District Court
minor of or above 14 but without warrant 10 years, or fine, or
Criminal Procedure Code 2010

below 16 years of age both

376A(3) Sexual penetration of May arrest Warrant Not bailable Imprisonment for District Court
minor under 14 years of without warrant 20 years, and fine,
age or caning
376AA Exploitative sexual May arrest Warrant Not bailable Imprisonment for District Court
penetration of minor of or without warrant 15 years, and fine, or
above 16 but below caning
447

31.12.2021
18 years of age
 FIRST SCHEDULE — continued
448

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
376B(1) Commercial sex or May arrest Warrant Not bailable Imprisonment for District Court
sexual touching without warrant 7 years, or fine, or
involving minor under both
18 years of age
376B(2) Communicating with a May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
person for purpose of without warrant 2 years, or fine, or or District Court
commercial sex or both
sexual touching
involving minor under
18 years of age
Criminal Procedure Code 2010

376C(2) Commercial sex or May arrest Warrant Not bailable Imprisonment for District Court
sexual touching without warrant 7 years, or fine, or
involving minor under both
18 years of age outside
Singapore
376C(2) Communicating with a May not arrest Summons Not bailable Imprisonment for Magistrate’s Court
person for purpose of without warrant 2 years, or fine, or or District Court
commercial sex or both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
sexual touching
involving minor under
18 years of age outside
Singapore
376D(3) Tour outside Singapore May arrest Warrant Not bailable Imprisonment for District Court
for commercial sex or without warrant 10 years, or fine, or
sexual touching both
involving minor under
18 years of age
376E(4)(a) Sexual grooming of May arrest Summons Not bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

minor below 14 years of without warrant 4 years, or fine, or or District Court

age both
376E(4)(b) Sexual grooming of May arrest Summons Not bailable Imprisonment for Magistrate’s Court
minor of or above 14 but without warrant 3 years, or fine, or or District Court
below 16 years of age both
376EA(4) Exploitative sexual May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
grooming of minor of or without warrant 3 years, or fine, or or District Court
449

31.12.2021
both
 FIRST SCHEDULE — continued
450

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
above 16 but below
18 years of age
376EB(3)(a) Sexual communication May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
with minor below without warrant 3 years, or fine, or or District Court
14 years of age both
376EB(3)(b) Sexual communication May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
with minor of or above 14 without warrant 2 years, or fine, or or District Court
but below 16 years of age both
376EC(3) Exploitative sexual May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
communication with without warrant 2 years, or fine, or or District Court
Criminal Procedure Code 2010

minor of or above 16 but both

below 18 years of age
376ED(1) Engaging in sexual May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
activity in presence of without warrant 3 years, or fine, or or District Court
minor below 14 years of both
age
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
376ED(1) Engaging in sexual May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
activity in presence of without warrant one year, or fine, or or District Court
minor of or above 14 but both
below 16 years of age
376ED(2) Causing minor below May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
14 years of age to observe without warrant 3 years, or fine, or or District Court
sexual image both
376ED(2) Causing minor of or May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
above 14 but below without warrant one year, or fine, or or District Court
16 years of age to observe both
Criminal Procedure Code 2010

sexual image
376EE(1) Engaging in sexual May arrest Summons Not bailable Imprisonment for Magistrate’s Court
activity in presence of without warrant one year, or fine, or or District Court
minor of or above 16 but both
below 18 years of age
with exploitative
relationship
451

31.12.2021
 FIRST SCHEDULE — continued
452

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
376EE(2) Causing minor of or May arrest Summons Not bailable Imprisonment for Magistrate’s Court
above 16 but below without warrant one year, or fine, or or District Court
18 years of age to observe both
sexual image with
exploitative relationship
376F(2) Procurement of sexual May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
activity with a person without warrant 5 years, or fine, or or District Court
with mental disability both
376F(3) If penetration is involved May arrest Warrant Not bailable Imprisonment for District Court
without warrant 20 years, and fine,
Criminal Procedure Code 2010

or caning
376G Incest May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 5 years or District Court
376H(2)(a) Procurement of sexual May arrest Warrant Not bailable Imprisonment for District Court
activity by deception or without warrant 10 years, or fine, or
false representation if caning
penetration is involved
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
376H(2)(b) Procurement of sexual May arrest Warrant Bailable Imprisonment for District Court
activity by deception or without warrant 2 years, or fine, or
false representation in both
any other case
377(2) Sexual penetration of a May arrest Warrant Bailable Imprisonment for Magistrate’s Court
corpse without warrant 5 years, or fine, or or District Court
both
377(4) Causing another person May arrest Warrant Not bailable Imprisonment for
to sexually penetrate a without warrant 20 years, and fine,
corpse or caning
Criminal Procedure Code 2010

377A Outrages on decency May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 2 years or District Court
377B(2) Sexual penetration with May arrest Summons Bailable Imprisonment for Magistrate’s Court
living animal without warrant 2 years, or fine, or or District Court
both
453

31.12.2021
 FIRST SCHEDULE — continued
454

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
377B(4) Causing another person May arrest Warrant Not bailable Imprisonment for
to sexually penetrate a without warrant 20 years, and fine,
living animal or caning
377B(4) Causing another person May arrest Warrant Not bailable Imprisonment for
to be sexually penetrated without warrant 20 years, and fine,
by a living animal or caning
377BA Uttering any word or May arrest Summons Bailable Imprisonment for Magistrate’s Court
making any gesture without warrant one year, or fine, or or District Court
intended to insult the both
modesty of a person, etc.
Criminal Procedure Code 2010

377BB(7) Voyeurism May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 2 years, or fine, or or District Court
caning
377BB(8) If committed against any May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
person below 14 years of without warrant 2 years, and fine, or or District Court
age caning
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
377BC(3) Distribution of May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
voyeuristic image or without warrant 5 years, or fine, or or District Court
recording caning
377BC(4) If committed against any May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
person below 14 years of without warrant 5 years, and fine, or or District Court
age caning
377BD(2) Possession of or gaining May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
access to voyeuristic or without warrant 2 years, or fine, or or District Court
intimate image or both
recording
Criminal Procedure Code 2010

377BD(3) If committed against any May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
person below 14 years of without warrant 2 years, and fine, or or District Court
age caning
377BE(3) Distributing or May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
threatening to distribute without warrant 5 years, or fine, or or District Court
intimate image or caning
recording
455

31.12.2021
 FIRST SCHEDULE — continued
456

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
377BE(4) If committed against any May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
person below 14 years of without warrant 5 years, and fine, or or District Court
age caning
377BF(3) Sexual exposure May arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant one year, or fine, or or District Court
both
377BF(4) If committed against any May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
person below 14 years of without warrant 2 years, and fine, or or District Court
age caning
377BG(2) Using or involving child May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

in production of child without warrant 10 years, and fine, or

abuse material caning
377BH(2) Producing child abuse May arrest Warrant Not bailable Imprisonment for District Court
material without warrant 10 years, and fine, or
caning
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
377BI(2) Distributing or selling May arrest Warrant Not bailable Imprisonment for District Court
child abuse material without warrant 7 years, and fine, or
caning
377BJ(3) Advertising or seeking May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
child abuse material without warrant 5 years, and fine, or or District Court
caning
377BK(2) Possession of or gaining May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
access to child abuse without warrant 5 years, and fine, or or District Court
material caning
377BL(2) Exploitation by abusive May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

material of minor of or without warrant 10 years, and fine, or

above 16 but below caning
18 years of age by using,
causing or procuring
minor in production of
abusive material
457

31.12.2021
 FIRST SCHEDULE — continued
458

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
377BL(3) Exploitation by May arrest Warrant Not bailable Imprisonment for District Court
producing abusive without warrant 10 years, and fine, or
material of minor caning
377BL(4) Exploitation by May arrest Warrant Not bailable Imprisonment for District Court
distributing or sale of without warrant 7 years, and fine, or
abusive material of minor caning
CHAPTER 17 — OFFENCES AGAINST PROPERTY
Theft
379 Theft May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

without warrant 3 years, or fine, or or District Court

both
379A Theft of motor vehicle or May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
any component part without warrant 7 years, and fine, or District Court
thereof and disqualification
for such period as
the court may order
from holding or
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
obtaining a driving
licence
380 Theft in a building, tent May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
or vessel without warrant 7 years, and fine or District Court
381 Theft by clerk or servant May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
of property in possession without warrant 7 years, and fine or District Court
of master or employer
382 Theft after preparation May arrest Warrant Not bailable Imprisonment for District Court
made for causing death without warrant 10 years, and caning
or hurt in order to commit
Criminal Procedure Code 2010

theft
Extortion
384 Extortion May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 7 years, and caning or District Court
385 Putting or attempting to May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
put in fear of harm, in without warrant 5 years, and caning or District Court
459

31.12.2021
order to commit extortion
 FIRST SCHEDULE — continued
460

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
386 Extortion by putting a May arrest Warrant Not bailable Imprisonment for District Court
person in fear of death without warrant 10 years, and caning
or grievous hurt
387 Putting or attempting to May arrest Warrant Not bailable Imprisonment for District Court
put a person in fear of without warrant 7 years, and caning
death or grievous hurt, in
order to commit extortion
388 Extortion by threat of May arrest Warrant Not bailable Imprisonment for District Court
accusation of an offence without warrant 10 years, and fine,
punishable with death, or or caning
Criminal Procedure Code 2010

imprisonment for life, or

imprisonment for
10 years
389 Putting a person in fear of May arrest Warrant Not bailable Imprisonment for District Court
accusation of offence without warrant 10 years, and fine,
punishable with death, or caning
or imprisonment for life,
or imprisonment for
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
10 years, in order to
commit extortion
Robbery and gang-robbery
392 Robbery May arrest Warrant Not bailable Imprisonment for District Court
without warrant 10 years, and caning
392 If committed after 7 p.m. May arrest Warrant Not bailable Imprisonment for District Court
and before 7 a.m. without warrant 14 years, and caning
393 Attempt to commit May arrest Warrant Not bailable Imprisonment for District Court
robbery without warrant 7 years, and caning
Criminal Procedure Code 2010

394 Person voluntarily May arrest Warrant Not bailable Imprisonment for District Court
causing hurt in without warrant 20 years, and caning
committing or
attempting to commit
robbery, or any other
person jointly concerned
in such robbery
461

31.12.2021
 FIRST SCHEDULE — continued
462

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
395 Gang-robbery May arrest Warrant Not bailable Imprisonment for
without warrant 20 years, and caning
396 Gang-robbery with May arrest Warrant Not bailable Death, or
murder without warrant imprisonment for
life, and caning
397 Robbery when armed or May arrest Warrant Not bailable Caning in addition to
with attempt to cause without warrant the punishment
death or grievous hurt under any other
section
399 Making preparation to May arrest Warrant Not bailable Imprisonment for
Criminal Procedure Code 2010

commit gang-robbery without warrant 10 years, and caning

400 Belonging to a gang of May arrest Warrant Not bailable Imprisonment for
persons associated for the without warrant life, or
purpose of habitually imprisonment for
committing 10 years, and caning
gang-robbery
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
401 Belonging to a gang of May arrest Warrant Not bailable Imprisonment for District Court
persons associated for the without warrant 7 years, and caning
purpose of habitually
committing theft
402 Being one of 5 or more May arrest Warrant Not bailable Imprisonment for District Court
persons assembled for the without warrant 7 years, and caning
purpose of committing
gang-robbery
Criminal misappropriation of property
403 Dishonest May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

misappropriation of without warrant 2 years, or fine, or or District Court

movable property, or both
converting it to one’s
own use
404 Dishonest May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
misappropriation of without warrant 3 years, and fine or District Court
property, knowing that it
463

31.12.2021
was in the possession of a
 FIRST SCHEDULE — continued
464

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
deceased person at his or
her death, and that it has
not since been in the
possession of any person
legally entitled to it
404 If by clerk or person May not arrest Warrant Bailable Imprisonment for District Court
employed by deceased without warrant 7 years, and fine
Criminal breach of trust
406 Criminal breach of trust May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 7 years, or fine, or or District Court
Criminal Procedure Code 2010

both
407 Criminal breach of trust May arrest Warrant Not bailable Imprisonment for District Court
of property entrusted for without warrant 15 years, and fine
purposes of
transportation or storage
408 Criminal breach of trust May arrest Warrant Not bailable Imprisonment for District Court
by employees without warrant 15 years, and fine
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
409 Criminal breach of trust May arrest Warrant Not bailable Imprisonment for District Court
by public servant, or by without warrant 20 years, and fine
banker, merchant, agent,
director, officer, etc.
Receiving stolen property
411(1) Receiving or retaining May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
stolen property, knowing without warrant 5 years, or fine, or or District Court
it to be stolen both
411(2) If the stolen property is a May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
motor vehicle or any without warrant 5 years, and fine, or District Court
Criminal Procedure Code 2010

component part thereof and disqualification

for such period as
the court may order
from holding or
obtaining a driving
licence
465

31.12.2021
 FIRST SCHEDULE — continued
466

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
412 Receiving property May arrest Warrant Not bailable Imprisonment for District Court
stolen in the commission without warrant 20 years, and fine
of gang-robbery
413 Habitually dealing in May arrest Warrant Not bailable Imprisonment for District Court
stolen property without warrant 20 years, and fine
414(1) Assisting in concealment May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
or disposal of stolen without warrant 5 years, or fine, or or District Court
property, knowing it to both
be stolen
414(2) If the stolen property is a May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

motor vehicle or any without warrant 5 years, and fine, or District Court
component part thereof and disqualification
for such period as
the court may order
from holding or
obtaining a driving
licence
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
416A(5) Illegally obtained May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
personal information without warrant 3 years, or fine*, or or District Court
both
Cheating
417 Cheating May arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant 3 years, or fine, or or District Court
both
418 Cheating a person whose May arrest Warrant Bailable Imprisonment for Magistrate’s Court
interest the offender was without warrant 5 years, or fine, or or District Court
bound, either by law or both
Criminal Procedure Code 2010

by legal contract, to
protect
419 Cheating by personation May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
without warrant 5 years, or fine, or or District Court
both
420 Cheating and thereby May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
dishonestly inducing without warrant 10 years, and fine or District Court
467

31.12.2021
 FIRST SCHEDULE — continued
468

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
delivery of property, or
the making, alteration or
destruction of a valuable
security
420A Obtaining services May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
dishonestly or without warrant 10 years, or fine, or or District Court
fraudulently both
Fraudulent deeds and dispositions of property
421 Fraudulent removal or May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
concealment of property, without warrant 3 years, or fine, or or District Court
Criminal Procedure Code 2010

etc., to prevent both

distribution among
creditors
422 Fraudulently preventing May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
from being made without warrant 3 years, or fine, or or District Court
available for creditors a both
debt or demand due to the
offender
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
423 Fraudulent execution of May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
deed of transfer without warrant 3 years, or fine, or or District Court
containing a false both
statement of
consideration
424 Fraudulent removal or May not arrest Warrant Bailable Imprisonment for Magistrate’s Court
concealment of property without warrant 3 years, or fine, or or District Court
of the person or any other both
person, or assisting in the
doing, thereof, or
dishonestly releasing
Criminal Procedure Code 2010

any demand or claim to

which the person is
entitled
424A(3) Fraud by false May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
representation, without warrant 20 years, or fine, or or District Court
non-disclosure or abuse both
of position not connected
469

31.12.2021
 FIRST SCHEDULE — continued
470

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
with contracts for goods
or services
424B(3) Fraud by false May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
representation, without warrant 20 years, or fine, or or District Court
non-disclosure or abuse both
of position — where
otherwise
Mischief
426 Mischief May not arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant 2 years, or fine, or or District Court
Criminal Procedure Code 2010

both
427 Mischief, and thereby May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
causing disruption to without warrant 10 years, or fine, or or District Court
key service, etc. both
428 Mischief by killing, May arrest Warrant Bailable Imprisonment for Magistrate’s Court
poisoning, maiming or without warrant 5 years, or fine, or or District Court
both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
rendering useless, any
animal
435 Mischief by fire or May arrest Warrant Not bailable Imprisonment for District Court
explosive substance without warrant 7 years, and fine
436 Mischief by fire or May arrest Warrant Not bailable Imprisonment for
explosive substance with without warrant life, or
intent to destroy a house, imprisonment for
etc. 10 years, and fine
437 Mischief with intent to May arrest Warrant Not bailable Imprisonment for District Court
destroy or make unsafe a without warrant 10 years, and fine
Criminal Procedure Code 2010

decked vessel or a vessel

of 20 tons burden
438 The mischief described in May arrest Warrant Not bailable Imprisonment for
section 437 when without warrant life, or
committed by fire or any imprisonment for
explosive substance 10 years, and fine
471

31.12.2021
 FIRST SCHEDULE — continued
472

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
439 Running vessel ashore May arrest Warrant Not bailable Imprisonment for District Court
with intent to commit without warrant 10 years, and fine
theft, etc.
440 Mischief committed after May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
preparation made for without warrant 5 years, and fine or District Court
causing death or hurt, etc.
Criminal trespass
447 Criminal trespass May arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant 3 months, or fine*, or District Court
or both
Criminal Procedure Code 2010

448 House-breaking May arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant 3 years, or fine, or or District Court
both
449 House-breaking in order May arrest Warrant Not bailable Imprisonment for
to commit an offence without warrant life, or
punishable with death imprisonment for
15 years, and fine
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
450 House-breaking in order May arrest Warrant Not bailable Imprisonment for District Court
to commit an offence without warrant 15 years, and fine
punishable with
imprisonment for life
451 House-breaking in order May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
to commit an offence without warrant 10 years, and fine or District Court
punishable with
imprisonment
452 House-breaking, after May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
preparation made for without warrant 10 years, and fine, or District Court
Criminal Procedure Code 2010

causing hurt, assault, etc. or caning

453 Possession of May arrest Warrant Bailable Imprisonment for Magistrate’s Court
house-breaking without warrant 2 years, or fine, or or District Court
implements or offensive both and forfeiture
weapons of any instrument or
article found in the
possession of that
person
473

31.12.2021
 FIRST SCHEDULE — continued
474

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
458A Committing an offence May arrest Warrant Not bailable Caning in addition to District Court
under section 449, 450, without warrant the punishment
451 or 452 subsequent to prescribed for the
having been convicted of offence
an offence under
section 449, 450, 451 or
452
459 Grievous hurt caused May arrest Warrant Not bailable Imprisonment for
while committing without warrant 20 years, and caning
house-breaking
Criminal Procedure Code 2010

460 Death or grievous hurt May arrest Warrant Not bailable Imprisonment for
caused by one of several without warrant 20 years
persons jointly concerned
in house-breaking
461 Dishonestly breaking May arrest Warrant Bailable Imprisonment for Magistrate’s Court
open or unfastening any without warrant 2 years, or fine, or or District Court
closed receptacle both
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
containing or supposed to
contain property
462 Being entrusted with any May arrest Warrant Bailable Imprisonment for Magistrate’s Court
closed receptacle without warrant 3 years, or fine, or or District Court
containing or supposed both
to contain any property,
and fraudulently opening
the same
CHAPTER 18 — OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS,
FALSE INSTRUMENTS, AND TO CURRENCY NOTES AND BANK NOTES
Criminal Procedure Code 2010

465 Forgery May arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant 4 years, or fine, or or District Court
both
466 Forgery of a record of a May arrest Warrant Not bailable Imprisonment for District Court
court of justice or of a without warrant 10 years, and fine
register of births, etc.,
kept by a public servant
475

31.12.2021
 FIRST SCHEDULE — continued
476

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
467 Forgery of a valuable May arrest Warrant Not bailable Imprisonment for District Court
security, will, or without warrant 15 years, and fine
authority to make or
transfer any valuable
security, or to receive
any money, etc.
468 Forgery for the purpose May arrest Warrant Not bailable Imprisonment for District Court
of cheating without warrant 10 years, and fine
469 Forgery for the purpose May arrest Warrant Bailable Imprisonment for Magistrate’s Court
of harming the reputation without warrant 5 years, and fine or District Court
Criminal Procedure Code 2010

of any person, or
knowing that it is likely
to be used for that
purpose
471 Using as genuine a May arrest Warrant Bailable Punishment for The court by which
forged document or without warrant forgery the forgery of the
forged electronic record document is triable
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
which is known to be
forged
472 Making or counterfeiting May arrest Warrant Not bailable Imprisonment for District Court
a seal, plate, etc., with without warrant 15 years, and fine
intent to commit a
forgery punishable under
section 467, or
possessing with like
intent any such seal,
plate, etc., knowing the
same to be counterfeit
Criminal Procedure Code 2010

473 Making or counterfeiting May arrest Warrant Not bailable Imprisonment for District Court
a seal, plate, etc., with without warrant 10 years, and fine
intent to commit a
forgery punishable
otherwise than under
section 467, or
possessing with like
intent any such seal,
477

31.12.2021
 FIRST SCHEDULE — continued
478

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
plate, etc., knowing the
same to be counterfeit
473A Making or possessing May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
equipment for making without warrant 5 years, or fine, or or District Court
false instrument both
473B Making or possessing May arrest Warrant Not bailable Imprisonment for District Court
equipment for making without warrant 10 years, or fine, or
false instrument with both
intent to induce prejudice
474 Having possession of a May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

document or an without warrant 10 years, and fine

electronic record
knowing it to be forged,
with intent to use it as
genuine, if the document
or electronic record is
one of the descriptions
mentioned in section 466
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
474 If the document is one of May arrest Warrant Not bailable Imprisonment for District Court
the descriptions without warrant 15 years, and fine
mentioned in section 467
475 Counterfeiting a device May arrest Warrant Not bailable Imprisonment for District Court
or mark used for without warrant 15 years, and fine
authenticating
documents described in
section 467, or
possessing counterfeit
marked material
Criminal Procedure Code 2010

476 Counterfeiting a device May arrest Warrant Not bailable Imprisonment for District Court
or mark used for without warrant 10 years, and fine
authenticating
documents or electronic
records other than those
described in section 467,
or possessing counterfeit
marked material
479

31.12.2021
 FIRST SCHEDULE — continued
480

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
477 Fraudulently destroying May arrest Warrant Not bailable Imprisonment for District Court
or defacing, or without warrant 15 years, and fine
attempting to destroy or
deface, or secreting a
will, etc.
477A Falsification of accounts May arrest Warrant Not bailable Imprisonment for District Court
by clerk or servant without warrant 10 years, or fine, or
both
Currency and bank notes
489A Forging or counterfeiting May arrest Warrant Not bailable Imprisonment for District Court
Criminal Procedure Code 2010

currency or bank notes without warrant 20 years, and fine

489B Using as genuine forged May arrest Warrant Not bailable Imprisonment for District Court
or counterfeit currency or without warrant 20 years, and fine
bank notes
489C Possession of forged or May arrest Warrant Not bailable Imprisonment for District Court
counterfeit currency or without warrant 15 years, and fine
bank notes, with intent
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
489D Making or possessing May arrest Warrant Not bailable Imprisonment for District Court
instruments or materials without warrant 20 years, and fine
for forging or
counterfeiting currency
or bank notes
489E Abetting in Singapore May arrest Warrant Not bailable The punishment District Court
counterfeiting of without warrant provided for abetting
currency out of the counterfeiting of
Singapore such currency within
Singapore
Criminal Procedure Code 2010

489F Fraudulently or May arrest Warrant Not bailable Imprisonment for District Court
dishonestly diminishing without warrant 7 years, and fine
weight or altering
composition of coin
489G Altering appearance of May arrest Warrant Not bailable Imprisonment for District Court
currency with intent that without warrant 7 years, and fine
it passes as currency of
different description
481

31.12.2021
 FIRST SCHEDULE — continued
482

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
489H Delivering to another of May arrest Warrant Not bailable Imprisonment for District Court
altered currency without warrant 10 years, and fine
489I Possession of altered May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
currency without warrant 5 years, and fine or District Court
CHAPTER 20 — [Deleted by Act 15 of 2019]
CHAPTER 21 — DEFAMATION
500 Defamation May not arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant 2 years, or fine, or or District Court
both
Criminal Procedure Code 2010

501 Printing or engraving May not arrest Summons Bailable Imprisonment for Magistrate’s Court
matter knowing it to be without warrant 2 years, or fine, or or District Court
defamatory both
502 Sale of printed or May not arrest Summons Bailable Imprisonment for Magistrate’s Court
engraved substance without warrant 2 years, or fine, or or District Court
containing defamatory both
matter, knowing it to
2020 Ed.

contain such matter

 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
CHAPTER 22 — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
504 Insult intended to May not arrest Summons Bailable Imprisonment for Magistrate’s Court
provoke a breach of the without warrant 2 years, or fine, or or District Court
peace both
505 False statement, rumour, May not arrest Warrant Not bailable Imprisonment for Magistrate’s Court
etc., circulated with without warrant 3 years, or fine, or or District Court
intent to cause mutiny or both
offence against the public
peace
506 Criminal intimidation May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
Criminal Procedure Code 2010

without warrant 2 years, or fine, or or District Court

both
506 If threat is to cause death May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
or grievous hurt, etc. without warrant 10 years, or fine, or or District Court
both
507 Criminal intimidation by May arrest Warrant Not bailable Imprisonment for Magistrate’s Court
anonymous without warrant 2 years, in addition or District Court
483

31.12.2021
 FIRST SCHEDULE — continued
484

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
communication or having to the punishment
taken precaution to under section 506
conceal from where the
threat comes
CHAPTER 23 — ATTEMPTS TO COMMIT OFFENCES
512(1) Attempting (where no May arrest Warrant Not bailable Imprisonment for
express provision is made without warrant 20 years, and fine, or
by the Penal Code 1871 caning
or by other written law)
to commit offences
Criminal Procedure Code 2010

punishable with death or

imprisonment for life
512(2) If the attempted offence According as to According as to According as to The punishment The court by which
is punishable with any whether the whether the whether the provided for the the offence
punishment or offence is one in offence is one in offence offence, except that attempted is triable
combination of respect of which respect of which attempted is the court is not
punishments other than the police may a summons or bailable or not bound to impose any
specified minimum
2020 Ed.
 FIRST SCHEDULE — continued
1 2 3 4 5 6 7
2020 Ed.

Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
death or imprisonment arrest without warrant shall sentence or
for life warrant or not ordinarily issue mandatory minimum
sentence of
imprisonment, or
fine or caning
OFFENCES AGAINST LAWS OTHER THAN THE PENAL CODE 1871
If punishable with death, May arrest Warrant Not bailable According to sections 7, 8 and 9 of this
imprisonment for 7 years without warrant Code
or upwards
If punishable with May arrest Warrant Not bailable According to sections 7, 8 and 9 of this
Criminal Procedure Code 2010

imprisonment for without warrant Code

3 years or upwards but
less than 7 years
If punishable with May not arrest Summons Bailable According to sections 7, 8 and 9 of this
imprisonment for less without warrant Code
than 3 years unless
specifically
485

31.12.2021
empowered to do
 FIRST SCHEDULE — continued
486

1 2 3 4 5 6 7
Penal Offence Whether the Whether a Whether bailable Maximum By what court
Code 1871 police may warrant or a of right or not punishment under triable besides the
Section ordinarily arrest summons shall the Penal Code 1871 General Division
without warrant ordinarily issue of High Court
or not in the first
instance
so by the law
offended against
If punishable with fine May not arrest Summons Bailable According to sections 7, 8 and 9 of this
only without warrant Code
unless
specifically
empowered to do
so by the law
offended against
Criminal Procedure Code 2010
2020 Ed.
2020 Ed. Criminal Procedure Code 2010 487
FIRST SCHEDULE — continued
[5/2015; 19/2016; 19/2018; 15/2019; 40/2019;
S 851/2019]

31.12.2021
488 Criminal Procedure Code 2010 2020 Ed.

SECOND SCHEDULE
Sections 159(1), 211A(1) and 427(1)

LAWS TO WHICH CRIMINAL CASE DISCLOSURE

PROCEDURES APPLY
1. Arms and Explosives Act 1913
2. Arms Offences Act 1973
2A. Banishment Act 1959
3. Banking Act 1970
3A. Casino Control Act 2006
4. Computer Misuse Act 1993
5. Corrosive and Explosive Substances and Offensive Weapons Act 1958
6. Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of
Benefits) Act 1992
7. Criminal Law (Temporary Provisions) Act 1955
8. Hijacking of Aircraft and Protection of Aircraft and International Airports
Act 1978
9. Immigration Act 1959 (other than sections 6 and 15)
9A. Infrastructure Protection Act 2017
10. Internal Security Act 1960
11. Maintenance of Religious Harmony Act 1990
12. Misuse of Drugs Act 1973
12A. Moneylenders Act 2008
13. Oaths and Declarations Act 2000
14. Official Secrets Act 1935
15. Passports Act 2007
16. Penal Code 1871
16A. Prevention of Corruption Act 1960
16B. Prevention of Human Trafficking Act 2014
17. Prisons Act 1933
18. Protected Areas and Protected Places Act (Cap. 256, 2013 Revised Edition)
19. Public Entertainments Act 1958
2020 Ed. Criminal Procedure Code 2010 489
SECOND SCHEDULE — continued
20. Public Order and Safety (Special Powers) Act 2018
20A. Remote Gambling Act 2014
21. Securities and Futures Act 2001
22. Sedition Act 1948
23. Vandalism Act 1966
[3/2013; 28/2017; 9/2018; 19/2018; 26/2018; S 724/2018;
S 820/2018]

THIRD SCHEDULE
Sections 22(5), 23(3B) and 427(1)

OFFENCES FOR WHICH STATEMENTS MUST BE

RECORDED IN FORM OF AUDIOVISUAL RECORDING
1. Section 375(1)(a) of the Penal Code 1871.
[19/2018]

FOURTH SCHEDULE
Sections 241(1) and (2) and 427(1)

OFFENCES THAT MAY BE COMPOUNDED BY VICTIM

PART 1
OFFENCES UNDER PENAL CODE 1871

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
Chapter 5 — Abetment
1. 109 Abetment of any offence, if Compoundable by the
the act abetted is committed victim if this Code or
in consequence, and where any other written law
no express provision is made under which the offence
for its punishment is committed provides
for the offence abetted
to be compoundable by
the victim

31.12.2021
490 Criminal Procedure Code 2010 2020 Ed.

FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
2. 110 Abetment of any offence, if Compoundable by the
the person abetted does the victim if this Code or
act with a different intention any other written law
from that of the abettor under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
3. 111 Abetment of any offence, Compoundable by the
when one act is abetted and victim if this Code or
a different act is done; any other written law
subject to the proviso under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
4. 113 Abetment of any offence, Compoundable by the
when an effect is caused by victim if this Code or
the act abetted different from any other written law
that intended by the abettor under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
5. 114 Abetment of any offence, if Compoundable by the
the abettor is present when victim if this Code or
offence is committed any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
2020 Ed. Criminal Procedure Code 2010 491
FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
6. 115 Abetment of an offence Compoundable by the
punishable with death or victim if this Code or
imprisonment for life, if the any other written law
offence is not committed in under which the offence
consequence of the abetment is committed provides
for the offence abetted
to be compoundable by
the victim
7. 115 If an act which causes harm Compoundable by the
is done in consequence of victim if this Code or
the abetment any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
8. 116 Abetment of an offence Compoundable by the
punishable with victim if this Code or
imprisonment, if the any other written law
offence is not committed in under which the offence
consequence of the abetment is committed provides
for the offence abetted
to be compoundable by
the victim
9. [Deleted by Act 15 of 2019]
10. 117 Abetting the commission of Compoundable by the
an offence by the public, or victim if this Code or
by more than 10 persons any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
11. 118 Concealing a design to Compoundable by the
commit an offence victim if this Code or

31.12.2021
492 Criminal Procedure Code 2010 2020 Ed.

FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
punishable with death or any other written law
imprisonment for life, if the under which the offence
offence is committed is committed provides
for the offence abetted
to be compoundable by
the victim
12. 118 If the offence is not Compoundable by the
committed victim if this Code or
any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
13. 119 A public servant concealing Compoundable by the
a design to commit an victim if this Code or
offence which it is his or any other written law
her duty to prevent, if the under which the offence
offence is committed is committed provides
for the offence abetted
to be compoundable by
the victim
14. 119 If the offence is punishable Compoundable by the
with death or imprisonment victim if this Code or
for life any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
15. 119 If the offence is not Compoundable by the
committed victim if this Code or
any other written law
under which the offence
is committed provides
2020 Ed. Criminal Procedure Code 2010 493
FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
for the offence abetted to
be compoundable by the
victim
16. 119 If the offence is punishable Compoundable by the
with death or imprisonment victim if this Code or
for life but is not committed any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
17. 120 Concealing a design to Compoundable by the
commit an offence victim if this Code or
punishable with any other written law
imprisonment, if the under which the offence
offence is committed is committed provides
for the offence abetted
to be compoundable by
the victim
18. 120 If the offence is not Compoundable by the
committed victim if this Code or
any other written law
under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim
Chapter 15 — Offences relating to religion or race
19. 298 Uttering any word or making Compoundable by the
any sound in the hearing, or person whose religious
making any gesture, or or racial feeling is
placing any object in the intended to be wounded
sight of any person or causes
any matter however
represented to be seen or

31.12.2021
494 Criminal Procedure Code 2010 2020 Ed.

FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
heard by that person, with
intention to wound his or her
religious or racial feeling
Chapter 16 — Offences affecting the human body
20. 323 Voluntarily causing hurt Compoundable by the
person hurt
21. 334 Voluntarily causing hurt on Compoundable by the
grave and sudden person hurt
provocation, not intending
to hurt any other than the
person who gave the
provocation
21A. 334A Voluntarily causing hurt on Compoundable by the
grave and sudden person hurt
provocation which causes
grievous hurt
22. 335 Causing grievous hurt on Compoundable by the
grave and sudden person hurt
provocation, not intending
to hurt any other than the
person who gave the
provocation
23. 337(a) Causing hurt by a rash act Compoundable by the
which endangers human life, person hurt
etc.
24. 337(b) Causing hurt by a negligent Compoundable by the
act which endangers human person hurt
life, etc.
25. 338(a) Causing grievous hurt by a Compoundable by the
rash act which endangers person hurt
human life, etc.
2020 Ed. Criminal Procedure Code 2010 495
FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
26. 338(b) Causing grievous hurt by a Compoundable by the
negligent act which person hurt
endangers human life, etc.
27. 341 Wrongfully restraining any Compoundable by the
person person wrongfully
restrained
28. 342 Wrongfully confining any Compoundable by the
person person wrongfully
confined
29. 352 Assault or use of criminal Compoundable by the
force otherwise than on person assaulted or to
grave and sudden whom force was used
provocation
30. 354(1) Assault or use of criminal Compoundable by the
force to a person with intent person assaulted or to
to outrage modesty whom force was used
31. 355 Assault or use of criminal Compoundable by the
force with intent to person assaulted or to
dishonour a person, whom force was used
otherwise than on grave and
sudden provocation
32. 358 Assault or use of criminal Compoundable by the
force on grave and sudden person assaulted or to
provocation whom force was used
33. 374 Unlawful compulsory labour Compoundable by the
person compelled to
labour
33A. 377BA Word or gesture intended to Compoundable by the
insult modesty of any person person insulted
33B. 377BB(1) Voyeurism by intentional Compoundable by the
read with observation of another person of or above
377BB(7) person 14 years of age whose
private act was observed

31.12.2021
496 Criminal Procedure Code 2010 2020 Ed.

FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
33C. 377BF(1) Sexual exposure Compoundable by the
read with person of or above
377BF(3) 14 years of age to
whom the offender’s
genitals were exposed
Chapter 17 — Offences against property
34. 426 Mischief Compoundable by the
private person who
suffers loss or damage
35. [Deleted by Act 15 of 2019]
36. 447 Criminal trespass Compoundable by the
person in possession of
the property trespassed
upon
37. [Deleted by Act 15 of 2019]
Chapter 21 — Defamation
38. 500 Defamation Compoundable by the
person defamed
39. 501 Printing or engraving matter Compoundable by the
knowing it to be defamatory person defamed
40. 502 Sale of printed or engraved Compoundable by the
substance containing person defamed
defamatory matter, knowing
it to contain such matter
Chapter 22 — Criminal intimidation, insult and annoyance
41. 504 Insult intended to provoke a Compoundable by the
breach of the peace person insulted
42. 506 Criminal intimidation except Compoundable by the
where threat is to cause person intimidated
death or grievous hurt, etc.
43. [Deleted by Act 15 of 2019]
2020 Ed. Criminal Procedure Code 2010 497
FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence When compoundable/
By whom compoundable
Chapter 23 — Attempts to commit offences
44. 512(1) Attempting (where no Compoundable by the
express provision made by victim if this Code or
the Penal Code 1871 or by any other written law
other written law) to commit under which the
offences punishable with attempted offence is
death or imprisonment for committed provides for
life the attempted offence to
be compoundable by the
victim
45. 512(2) Where the attempted offence Compoundable by the
in section 512(1) is not an victim if this Code or
offence punishable with any other written law
death or life imprisonment under which the
attempted offence is
committed provides for
the attempted offence to
be compoundable by the
victim

PART 2
OFFENCES UNDER MISCELLANEOUS OFFENCES
(PUBLIC ORDER AND NUISANCE) ACT 1906

First Second Third column Fourth column

column column
Item No. Section Offence Explanatory Note
Part 2 — Offences against public order and nuisance
46. 11(1)(a) Nuisance — affixing or Compoundable by the
causing to be affixed any owner or the occupier
advertisement, etc., or of the private property
writing, defacing or
marking on any building,
wall or fence being private
property

31.12.2021
498 Criminal Procedure Code 2010 2020 Ed.

FOURTH SCHEDULE — continued

First Second Third column Fourth column

column column
Item No. Section Offence Explanatory Note
47. 11(1)(c) Nuisance — obstructing or Compoundable by the
causing trouble or person obstructed, etc.
inconvenience to any
person bathing at any place
set aside as a bathing place
48. 11(1)(g) Nuisance — setting on or Compoundable by the
urging any dog or other person attacked,
animal to attack, worry or worried or put in fear
put in fear any person
49. 12(1)(b) Offences relating to Compoundable by the
animals — allowing animal owner or lawful
to stray upon, or tethers or occupier of land
pickets any animal on land in
the possession of any private
person
50. [Deleted by Act 17 of 2014]
51. [Deleted by Act 17 of 2014]
52. 17 Penalty for depositing Compoundable by the
corpse or dying person in owner of the private
any private place place
Part 5 — Touting
53. 32 Touting for business Compoundable by the
person solicited

PART 3
OFFENCES UNDER PROTECTION FROM
HARASSMENT ACT 2014

First column Second column Third column Fourth column

Item No. Section Offence Explanatory Note
54. 3 Intentionally Compoundable by the
causing victim within the meaning
harassment, of section 3 of the
alarm or distress
2020 Ed. Criminal Procedure Code 2010 499
FOURTH SCHEDULE — continued

Protection from
Harassment Act 2014
55. 5 Fear or Compoundable by the
provocation of victim within the meaning
violence of section 5 of the
Protection from
Harassment Act 2014
56. 7 Unlawful Compoundable by the
stalking victim within the meaning
of section 7 of the
Protection from
Harassment Act 2014

[17/2014; 15/2019]

FIFTH SCHEDULE
Sections 346(1) and 427(1)

TYPES OF WORK
The type of work under a community service order includes general cleaning,
repair, maintenance and restoration works, the provision of care services and any
other work that contributes to the community at any of the following places:
(a) any hospital or any charitable, educational, cultural, or recreational
institution or organisation, or any other organisation that contributes to
a social cause;
(b) any land of which the Government or any public body is the owner or
lessee or occupier, or any land that is administered, maintained or kept
clean by the Government or any public body.

31.12.2021
500 Criminal Procedure Code 2010 2020 Ed.

SIXTH SCHEDULE
Sections 149A and 427(1)

OFFENCES IN RESPECT OF WHICH

DEFERRED PROSECUTION AGREEMENTS
MAY BE ENTERED INTO
1. Any offence under section 45, 50, 51, 52, 53, 54, 57, 60, 62, 63, 67, 68 or 69
of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation
of Benefits) Act 1992.
2. Any offence under section 80, read with section 45, 50, 51, 52, 53, 54, 57, 60,
62, 63, 67, 68 or 69, of the Corruption, Drug Trafficking and Other Serious
Crimes (Confiscation of Benefits) Act 1992.
3. Any offence under section 27B(2) of the Monetary Authority of Singapore
Act 1970.
4. Any offence under section 411 or 477A of the Penal Code 1871.
5. Any offence under section 5, 6, 10 or 12 of the Prevention of Corruption
Act 1960.
6. Any offence under section 82, 204, 210 or 221 of the Securities and Futures
Act 2001 or section 212 of that Act as in force before 8 October 2018.
7. Any offence under section 331 of the Securities and Futures Act 2001, read
with section 82, 204, 210 or 221 of the Securities and Futures Act 2001 or
with section 212 of that Act as in force before 8 October 2018.
8. Any offence of attempting to commit, abetting the commission of, or being a
party to a criminal conspiracy to commit, any other offence specified in this
Schedule.
[19/2018]
 LEGISLATIVE HISTORY
CRIMINAL PROCEDURE CODE 2010
This Legislative History is a service provided by the Law Revision Commission
on a best-efforts basis. It is not part of the Act.

PICTORIAL OVERVIEW OF PREDECESSOR ACTS

LEGISLATIVE HISTORY DETAILS

PART 1
CRIMINAL PROCEDURE CODE
(CHAPTER 21, 1936 REVISED EDITION)
1. Ordinance V of 1870 — Criminal Procedure Ordinance, 1870
Bill : S.S.G.G. No. 22/1870
First Reading : 23 May 1870
Second Reading : 25 May 1870
Notice of Amendments : 27 June 1870
Third Reading : 27 June 1870
Commencement : 27 June 1870 (passed)
2. Ordinance VI of 1873 — The Criminal Procedure Ordinance, 1873
Bill : Information not available
First Reading : 4 June 1873
Second Reading : 28 July 1873
Notice of Amendments : 2 September 1873
Third Reading : 9 September 1873
Commencement : 9 September 1873 (passed)
3. Ordinance XI of 1890 — The Criminal Procedure Ordinance
Amendment Ordinance 1890
Bill : G.N. No. 516/1890
First Reading : 2 October 1890

31.12.2021
 ii
Second Reading : 24 October 1890
Third Reading : 30 October 1890
Commencement : 30 October 1890
4. Ordinance XXI of 1900 — The Criminal Procedure Code 1900
Bill : G.N. No. 194/1900
First Reading : 27 February 1900
Second Reading : 3 April 1900
Notice of Amendments : 23 October 1900
Third Reading : 6 November 1900
Commencement : 1 January 1902
5. Ordinance XVII of 1901 — The Criminal Procedure Code 1900
Amendment Ordinance 1901
Bill : G.N. No. 1122/1901
First Reading : 24 September 1901
Second Reading : 1 October 1901
Notice of Amendments : 8 October 1901
Third Reading : 29 October 1901
Commencement : 1 January 1902
6. Ordinance XXVII of 1902 — The Criminal Procedure Code Amendment
Ordinance 1902
Bill : G.N. No. 1041/1902
First Reading : 22 August 1902
Second Reading : 29 August 1902
Notice of Amendments : 5 September 1902
Third Reading : 10 October 1902
Commencement : 10 October 1902
7. Ordinance XII of 1905 — The Whipping Regulation Ordinance 1905
Bill : G.N. No. 486/1905
First Reading : 14 April 1905
Second Reading : 5 May 1905
Notice of Amendments : 26 May 1905
 iii
Third Reading : 26 May 1905
Commencement : 26 May 1905
8. Ordinance III of 1908 — The Criminal Procedure Code 1900
Amendment Ordinance 1907
Bill : Information not available
First, Second and Third : 25 March 1908
Readings
Commencement : 25 March 1908
9. Ordinance XXXII of 1907 — The Criminal Procedure Code 1900
Amendment Ordinance 1907
Bill : G.N. No. 1046/1907
First Reading : 11 October 1907
Second Reading : 15 November 1907
Notice of Amendments : 2 December 1907
Third Reading : 20 December 1907
Commencement : 1 April 1908
10. Ordinance X of 1910 — The Criminal Procedure Code 1910
Bill : G.N. No. 712/1909
First Reading : 2 July 1909
Second Reading : 9 July 1909
Notice of Amendments : 22 April 1910
Third Reading : 22 April 1910
Commencement : 1 June 1910
11. Ordinance 10 of 1917 — Criminal Law (Amendment) Ordinance 1917
(Amendments made by sections 11 to 33 and section 34 read with the
Schedule to the above Ordinance)
Bill : G.N. No. 1571/1916
First Reading : 8 January 1917
Second Reading : 20 March 1917
Notice of Amendments : 20 March 1917
Third Reading : 26 March 1917
 iv
Commencement : 3 April 1917 (sections 11 to 33 and
section 34 read with the Schedule)
12. Ordinance 19 of 1918 — Criminal Law (Currency Notes Forgery)
Ordinance, 1918
(Amendments made by sections 6 and 7 of the above Ordinance)
Bill : G.N. No. 815/1918
First Reading : 1 July 1918
Second Reading : 29 July 1918
Notice of Amendments : 29 July 1918
Third Reading : 29 July 1918
Commencement : 1 August 1918 (sections 6 and 7)
13. Ordinance 6 of 1920 — Criminal Law (Amendment) Ordinance, 1920
(Amendments made by section 6 of the above Ordinance)
Bill : G.N. No. 1789/1919
First Reading : 19 December 1919
Second Reading : 19 January 1920
Third Reading : 8 March 1920
Commencement : 17 March 1920 (section 6)
14. Ordinance 24 of 1920 — Criminal Procedure Code (Amendment)
Ordinance, 1920
Bill : G.N. No. 1488/1920
First Reading : 3 September 1920
Second Reading : 13 October 1920
Third Reading : 25 October 1920
Commencement : 10 November 1920
15. 1920 Revised Edition — Criminal Procedure Code (Ordinance No. 121)
Operation : 28 November 1921
Note: This Revised Edition consolidated The Criminal Procedure Code
1910 (Ordinance X of 1910) and The Whipping Regulation Ordinance
1905 (Ordinance XII of 1905).
 v
16. Ordinance 26 of 1921 — Statute Laws (Revised Edition) Operation
Ordinance, 1921
(Amendments made by section 3(a) read with Schedule B to the above
Ordinance)
Bill : G.N. No. 1854/1921
First and Second Readings : 22 November 1921
Notice of Amendments : 22 November 1921
Third Reading : 22 November 1921
Commencement : 28 November 1921 (section 3(a) read
with Schedule B)
17. Ordinance 25 of 1923 — Criminal Law Amendment Ordinance, 1923
(Amendments made by section 7 of the above Ordinance)
Bill : G.N. No. 1862/1923
First and Second Readings : 17 December 1923
Notice of Amendments : 17 December 1923
Third Reading : 17 December 1923
Commencement : 31 December 1923 (section 7)
18. 1926 Revised Edition — Criminal Procedure Code (Ordinance No. 121)
Operation : 1 August 1926
19. Ordinance 18 of 1927 — Criminal Procedure Amendment Code, 1927
Bill : G.N. No. 1747/1927
First Reading : 10 October 1927
Second Reading : 31 October 1927
Notice of Amendments : 31 October 1927
Third Reading : 12 December 1927
Commencement : 24 December 1927
20. Ordinance 12 of 1928 — Criminal Procedure Code (Amendment)
Ordinance, 1928
Bill : G.N. No. 215/1928
First Reading : 26 March 1928
Second Reading : 7 May 1928
Notice of Amendments : 7 May 1928
 vi
Third Reading : 2 July 1928
Commencement : 21 July 1928
21. Ordinance 36 of 1933 — Criminal Procedure Code (Amendment)
Ordinance, 1933
Bill : G.N. No. 1867/1933
First Reading : 2 October 1933
Second Reading : 25 October 1933
Notice of Amendments : 4 December 1933
Third Reading : 4 December 1933
Commencement : 22 December 1933
22. Ordinance 7 of 1935 — Criminal Procedure Code (Amendment)
Ordinance, 1935
Bill : G.N. No. 2647/1934
First Reading : 3 December 1934
Second Reading : 18 February 1935
Notice of Amendments : 18 February 1935
Third Reading : 18 February 1935
Commencement : 6 March 1935
23. Ordinance 33 of 1935 — Criminal Procedure Code (Amendment No. 2)
Ordinance 1935
Bill : G.N. No. 1360/1935
First Reading : 17 June 1935
Second Reading : 26 August 1935
Notice of Amendments : 26 August 1935
Third Reading : 26 August 1935
Commencement : 9 September 1935
24. Ordinance 52 of 1935 — The Criminal Procedure Code (Amendment
No. 3) Ordinance 1935
Bill : G.N. No. 2658/1935
First Reading : 28 October 1935
Second and Third Readings : 20 November 1935
 vii
Commencement : 2 December 1935
25. 1936 Revised Edition — Criminal Procedure Code (Chapter 21)
Operation : 1 September 1936
26. Ordinance 18 of 1936 — Criminal Procedure Code (Amendment)
Ordinance, 1936
Bill : G.N. No. 2325/1936
First Reading : 24 August 1936
Second Reading : 26 October 1936
Notice of Amendments : 26 October 1936
Third Reading : 26 October 1936
Commencement : 10 November 1936
27. Ordinance 47 of 1937 — Criminal Procedure Code (Amendment)
Ordinance, 1937
Bill : G.N. No. 3280/1937
First Reading : 17 November 1937
Second and Third Readings : 15 December 1937
Commencement : 29 December 1937
28. Ordinance 1 of 1938 — Treasury Officers (Titles and Powers) Ordinance,
1938
(Amendments made by section 2 read with the Schedule to the above
Ordinance)
Bill : G.N. No. 3593/1937
First Reading : 15 December 1937
Second Reading : 14 February 1938
Notice of Amendments : 14 February 1938
Third Reading : 14 February 1938
Commencement : 7 March 1938 (section 2 read with the
Schedule)
29. Ordinance 13 of 1938 — Criminal Procedure Code (Amendment)
Ordinance, 1938
Bill : G.N. No. 1227/1938
First Reading : 25 April 1938
 viii
Second Reading : 13 June 1938
Notice of Amendments : 13 June 1938
Third Reading : 13 June 1938
Commencement : 2 July 1938
30. Ordinance 20 of 1949 — Registration of Criminals Ordinance, 1949
(Amendments made by section 16(2) read with the Fourth Schedule to the
above Ordinance)
Bill : G.N. No. S 184/1949
First Reading : 17 May 1949
Second and Third Readings : 21 June 1949
Commencement : 29 June 1949 (section 16(2) read with
the Fourth Schedule)
31. Ordinance 10 of 1950 — Departmental Titles (Alteration) Ordinance,
1950
(Amendments made by section 2 read with the Schedule to the above
Ordinance)
Bill : G.N. No. S 31/1950
First Reading : 22 February 1950
Second Reading : 21 March 1950
Notice of Amendments : 21 March 1950
Third Reading : 21 March 1950
Commencement : 28 March 1950 (section 2 read with
the Schedule)
32. Ordinance 14 of 1950 — Criminal Procedure Code (Amendment)
Ordinance, 1950
Bill : G.N. No. S 89/1950
First Reading : 21 March 1950
Second and Third Readings : 25 April 1950
Commencement : 3 May 1950
33. Ordinance 30 of 1950 — Criminal Procedure Code (Amendment) (No. 2)
Ordinance, 1950
Bill : G.N. No. S 153/1950
First Reading : 25 April 1950
 ix
Second Reading : 23 May 1950
Select Committee Report : Council Paper No. 51 of 1950
Third Reading : 18 July 1950
Commencement : 24 July 1950
34. Ordinance 27 of 1951 — Probation of Offenders Ordinance, 1951
(Amendments made by section 14 read with the Schedule to the above
Ordinance)
Bill : G.N. No. S 162/1951
First Reading : 22 May 1951
Second Reading : 19 June 1951
Notice of Amendments : 19 June 1951
Third Reading : 19 June 1951
Commencement : 9 July 1951 (section 14 read with the
Schedule)
35. Ordinance 29 of 1953 — Criminal Procedure Code (Amendment)
Ordinance, 1953
Bill : 15/1953
First Reading : 21 July 1953
Second Reading : 18 August 1953
Notice of Amendments : 18 August 1953
Third Reading : 18 August 1953
Commencement : 14 October 1953

PART 2
CRIMINAL PROCEDURE CODE
(CHAPTER 68, 1985 REVISED EDITION)
36. Ordinance 13 of 1955 — Criminal Procedure Code, 1955
Bill : 27/1954
First Reading : 17 August 1954
Second Reading : 21 September 1954
Select Committee Report : Council Paper No. 89 of 1954
Notice of Amendments : 28 January 1955
 x
Third Reading : 28 January 1955
Commencement : 16 May 1955
37. 1955 Revised Edition — Criminal Procedure Code (Chapter 132)
Operation : 1 July 1956
38. Ordinance 37 of 1956 — Criminal Procedure Code (Amendment)
Ordinance, 1956
Bill : 76/1956
First Reading : 20 November 1956
Second and Third Readings : 5 December 1956
Commencement : 1 July 1957
39. Ordinance 29 of 1957 — Criminal Procedure Code (Amendment)
Ordinance, 1957
Bill : 110/1957
First Reading : 21 August 1957
Second and Third Readings : 11 September 1957
Commencement : 1 November 1957
40. Ordinance 10 of 1958 — Criminal Procedure Code (Amendment)
Ordinance, 1958
Bill : 129/1958
First Reading : 22 April 1958
Second and Third Readings : 11 June 1958
Commencement : 5 July 1958
41. Ordinance 38 of 1959 — Laws of Singapore (Miscellaneous
Amendments) Ordinance, 1959
(Amendments made by section 10 of the above Ordinance)
Bill : 215/1959
First Reading : 3 March 1959
Second Reading : 18 March 1959
Notice of Amendments : 18 March 1959
Third Reading : 18 March 1959
Commencement : 3 June 1959 (section 10)
 xi
42. G.N. No. S 223/1959 — Singapore Constitution (Modification of Laws)
Order, 1959
Commencement : 3 June 1959
43. G.N. No. S (N.S.) 67/1959 — Singapore Constitution (Modification of
Laws) (No. 2) Order 1959
Commencement : 21 August 1959
44. G.N. No. S (N.S.) 177/1959 — Singapore Constitution (Modification of
Laws) (No. 3) Order, 1959
Commencement : 20 November 1959
45. G.N. No. S (N.S.) 178/1959 — Singapore Constitution (Modification of
Laws) (No. 4) Order, 1959
Commencement : 20 November 1959
46. G.N. No. S (N.S.) 179/1959 — Singapore Constitution (Modification of
Laws) (No. 5) Order, 1959
Commencement : 20 November 1959
47. Ordinance 18 of 1960 — Criminal Procedure Code (Amendment)
Ordinance, 1960
Bill : 13/1959
First Reading : 13 August 1959
Second Reading : 2 September 1959
Select Committee Report : Sessional Paper No. L.A. 1 of 1960
Third Reading : 13 February 1960
Commencement : 14 April 1960
48. Ordinance 2 of 1962 — Criminal Procedure Code (Amendment)
Ordinance, 1962
Bill : 157/1961
First Reading : 6 December 1961
Second Reading : 15 January 1962
Notice of Amendments : 15 January 1962
Third Reading : 15 January 1962
Commencement : 2 February 1962
 xii
49. L.N. 234/1963 (G.N. Sp. No. S 6/1963) — Modification of Laws (Public
Prosecutor) Order, 1963
Commencement : 16 September 1963
50. L.N. 228/1965 (G.N. Sp. No. S 109/1965) — Modification of Laws
(Criminal Procedure)
(Powers of Arrest)
(Malaysia) Order, 1965
Commencement : 16 September 1963
51. L.N. 107/1964 (G.N. Sp. No. S 68/1964) — Modification of Laws
(Criminal Procedure)
Order, 1964
Commencement : 16 April 1964
52. M. Act 6 of 1965 — Warrants and Summonses (Special Provisions) Act,
1965
(Amendments made by section 5 read with item 3 of the Schedule to the above
Act)
Commencement : 21 January 1965 (section 5 read with
item 3 of the Schedule)
53. M. Act 25 of 1965 — Criminal Procedure Code (Singapore)
(Amendment) Act, 1965
Commencement : 1 April 1965
54. L.N. 214/1965 (G.N. Sp. No. S 105/1965) — Modification of Laws
(Criminal Procedure)
(Singapore) Order, 1965
Commencement : 27 May 1965
55. Act 12 of 1966 — Criminal Procedure Code (Amendment) Act, 1966
Bill : 6/1966
First Reading : 23 February 1966
Second and Third Readings : 21 April 1966
Commencement : 16 May 1966
56. Act 10 of 1967 — Criminal Procedure Code (Amendment) Act, 1967
Bill : 18/1967
First, Second and Third : 29 June 1967
Readings
Commencement : 30 June 1967
 xiii
57. Act 18 of 1967 — Criminal Procedure Code (Amendment No. 2)
Act, 1967
Bill : 23/1967
First, Second and Third : 7 September 1967
Readings
Commencement : 15 September 1967
58. 1969 Reprint — Criminal Procedure Code
Reprint : 3 June 1969
59. Act 14 of 1969 — Statute Law Revision Act, 1969
(Amendments made by section 2 read with the First Schedule to the above
Act)
Bill : 22/1969
First Reading : 15 October 1969
Second Reading : 22 December 1969
Notice of Amendments : 22 December 1969
Third Reading : 22 December 1969
Commencement : 2 January 1970 (section 2 read with
the First Schedule)
60. Act 17 of 1969 — Criminal Procedure Code (Amendment) Act, 1969
Bill : 4/1969
First Reading : 8 April 1969
Second Reading : 11 June 1969
Select Committee Report : Parl. 8 of 1969
Third Reading : 22 December 1969
Commencement : 5 January 1970
61. Act 20 of 1970 — Criminal Procedure Code (Amendment) Act, 1970
Bill : 7/1970
First Reading : 9 March 1970
Second and Third Readings : 30 March 1970
Commencement : 12 June 1970
 xiv
62. Act 19 of 1970 — Subordinate Courts Act, 1970
(Amendments made by section 70(1) read with the Second Schedule to the
above Act)
Bill : 10/1970
First Reading : 26 March 1970
Second and Third Readings : 7 May 1970
Commencement : 1 January 1971 (section 70(1) read
with the Second Schedule)
63. 1970 Revised Edition — Criminal Procedure Code (Chapter 113)
Operation : 15 April 1971
64. Act 12 of 1972 — Criminal Procedure Code (Amendment) Act, 1972
Bill : 8/1972
First Reading : 7 March 1972
Second and Third Readings : 23 March 1972
Commencement : 4 August 1972
65. Act 21 of 1973 — Statutes of the Republic of Singapore (Miscellaneous
Amendments) Act, 1973
(Amendments made by section 2 read with the Schedule to the above Act)
Bill : 16/1973
First Reading : 7 March 1973
Second and Third Readings : 20 March 1973
Commencement : 6 April 1973 (section 2 read with the
Schedule)
66. Act 10 of 1976 — Criminal Procedure Code (Amendment) Act, 1976
Bill : 35/1975
First Reading : 29 July 1975
Second Reading : 19 August 1975
Select Committee Report : Parl. 4 of 1976
Third Reading : 23 July 1976
Commencement : 1 January 1977
67. 1980 Reprint — Criminal Procedure Code (Chapter 113)
Reprint : 31 July 1980
 xv
68. G.N. No. S 341/1980 — The Criminal Procedure Code (Corrigenda)
Commencement : 31 July 1980
69. Act 10 of 1983 — Criminal Procedure Code (Amendment) Act, 1983
Bill : 2/1983
First Reading : 4 March 1983
Second and Third Readings : 24 March 1983
Commencement : 15 April 1983
70. Act 9 of 1984 — Criminal Procedure Code (Amendment) Act 1984
Bill : 2/1984
First Reading : 17 January 1984
Second and Third Readings : 2 March 1984
Commencement : 19 May 1984
71. Act 24 of 1984 — Criminal Procedure Code (Amendment No. 2) Act 1984
Bill : 11/1984
First Reading : 29 June 1984
Second and Third Readings : 26 July 1984
Commencement : 31 August 1984
72. G.N. No. S 267/1985 — Metrication (Criminal Procedure Code)
Order 1985
Commencement : 27 September 1985
73. Act 5 of 1986 — Criminal Procedure Code (Amendment) Act 1986
Bill : 21/1985
First Reading : 31 October 1985
Second and Third Readings : 10 January 1986
Commencement : 1 March 1986
74. 1985 Revised Edition — Criminal Procedure Code (Chapter 68)
Operation : 30 March 1987
75. G.N. No. S 337/1987 — Revised Edition of the Laws (Rectification)
Order 1987
Operation : 30 March 1987
 xvi
76. G.N. No. S 22/1989 — Revised Edition of the Laws (Rectification)
Order 1989
Operation : 30 March 1987
77. Act 13 of 1992 — Criminal Procedure Code (Amendment) Act 1992
Bill : 12/1992
First Reading : 27 February 1992
Second and Third Readings : 19 March 1992
Commencement : 18 April 1992
78. Act 16 of 1993 — Supreme Court of Judicature (Amendment) Act 1993
(Amendments made by section 29(2) of the above Act)
Bill : 12/1993
First Reading : 26 February 1993
Second Reading : 12 April 1993
Notice of Amendments : 12 April 1993
Third Reading : 12 April 1993
Commencement : 1 July 1993 (section 29(2))
79. Act 2 of 1994 — Judicial Committee (Repeal) Act 1994
(Amendments made by section 3 read with item (1) of the Schedule to the
above Act)
Bill : 2/1994
First Reading : 17 January 1994
Second and Third Readings : 23 February 1994
Commencement : 8 April 1994 (section 3 read with
item (1) of the Schedule)
80. Act 39 of 1995 — Criminal Procedure Code (Amendment) Act 1995
Bill : 32/1995
First Reading : 27 September 1995
Second and Third Readings : 1 November 1995
Commencement : 2 January 1996
81. Act 31 of 1996 — Criminal Procedure Code (Amendment) Act 1996
Bill : 19/1996
First Reading : 12 July 1996
 xvii
Second and Third Readings : 27 August 1996
Commencement : 1 November 1996
82. Act 7 of 1997 — Statutes (Miscellaneous Amendments) Act 1997
(Amendments made by section 5(1) and section 7 read with item (11) of the
Second Schedule to the above Act)
Bill : 6/1997
First Reading : 11 July 1997
Second and Third Readings : 25 August 1997
Commencement : 1 October 1997 (section 5(1) and
section 7 read with item (11) of the
Second Schedule)
83. Act 8 of 1998 — Holidays Act 1998
(Amendments made by section 11(2) of the above Act)
Bill : 1/1998
First Reading : 14 January 1998
Second and Third Readings : 19 February 1998
Commencement : 10 April 1998 (section 11(2))
84. Act 46 of 1998 — Trade Marks Act 1998
(Amendments made by section 111 read with item (3) of the Fourth Schedule
to the above Act)
Bill : 42/1998
First Reading : 12 October 1998
Second and Third Readings : 26 November 1998
Commencement : 15 January 1999 (section 111 read
with item (3) of the Fourth Schedule)
85. Act 38 of 2000 — Oaths and Declarations Act 2000
(Amendments made by section 20(2) of the above Act)
Bill : 24/2000
First Reading : 9 October 2000
Second and Third Readings : 13 November 2000
Commencement : 1 January 2001 (section 20(2))
 xviii
86. Act 4 of 2001 — Health Sciences Authority Act 2001
(Amendments made by section 42 read with item (2) of the Second Schedule
to the above Act)
Bill : 3/2001
First Reading : 12 January 2001
Second and Third Readings : 22 February 2001
Commencement : 1 April 2001 (section 42 read with
item (2) of the Second Schedule)
87. Act 20 of 2001 — Children and Young Persons (Amendment) Act 2001
(Amendments made by section 47 of the above Act)
Bill : 12/2001
First Reading : 22 February 2001
Second and Third Readings : 20 April 2001
Commencement : 1 October 2001 (section 47)
88. Act 25 of 2002 — Currency (Amendment) Act 2002
(Amendments made by section 9 read with item (3) of the Schedule to the
above Act)
Bill : 23/2002
First Reading : 8 July 2002
Second and Third Readings : 23 July 2002
Commencement : 1 October 2002 (section 9 read with
item (3) of the Schedule)
89. Act 6 of 2004 — Statutes (Miscellaneous Amendments) Act 2004
(Amendments made by section 4 of the above Act)
Bill : 4/2004
First Reading : 5 January 2004
Second and Third Readings : 6 February 2004
Commencement : 8 March 2004 (section 4)
90. Act 20 of 2004 — Trade Marks (Amendment) Act 2004
(Amendments made by section 37 of the above Act)
Bill : 18/2004
First Reading : 19 May 2004
Second and Third Readings : 15 June 2004
 xix
Commencement : 1 July 2004 (section 37)
91. Act 42 of 2005 — Statutes (Miscellaneous Amendments) (No. 2) Act 2005
(Amendments made by section 15, section 6 read with item (5) of the Fourth
Schedule and section 7 read with item (8) of the Fifth Schedule to the above
Act)
Bill : 30/2005
First Reading : 17 October 2005
Second and Third Readings : 21 November 2005
Commencement : 1 January 2006 (section 15, section 6
read with item (5) of the Fourth
Schedule and section 7 read with
item (8) of the Fifth Schedule)
92. Act 2 of 2007 — Statutes (Miscellaneous Amendments) Act 2007
(Amendments made by section 9 of the above Act)
Bill : 14/2006
First Reading : 8 November 2006
Second and Third Readings : 22 January 2007
Commencement : 1 March 2007 (section 9)
93. Act 51 of 2007 — Penal Code (Amendment) Act 2007
(Amendments made by section 108 of the above Act)
Bill : 38/2007
First Reading : 17 September 2007
Second Reading : 22 October 2007
Third Reading : 23 October 2007
Commencement : 1 February 2008 (section 108)

PART 3
CRIMINAL PROCEDURE CODE 2010
(2020 REVISED EDITION)
94. Act 15 of 2010 — Criminal Procedure Code 2010
Bill : 11/2010
First Reading : 26 April 2010
Second Reading : 18 May 2010
Third Reading : 19 May 2010
 xx
Commencement : 2 January 2011
95. Act 3 of 2011 — Children and Young Persons (Amendment) Act 2011
(Amendments made by section 35 of the above Act)
Bill : 35/2010
First Reading : 22 November 2010
Second and Third Readings : 10 January 2011
Commencement : 20 July 2011 (section 35)
96. G.N. No. S 664/2011 — Criminal Procedure Code (Amendment of First
Schedule) Order 2011
Commencement : 20 December 2011
97. Act 2 of 2012 — Statutes (Miscellaneous Amendments) Act 2012
(Amendments made by section 21 of the above Act)
Bill : 22/2011
First Reading : 21 November 2011
Second Reading : 18 January 2012
Notice of Amendments : 18 January 2012
Third Reading : 18 January 2012
Commencement : 1 March 2012 (section 21)
98. Act 4 of 2012 — Evidence (Amendment) Act 2012
(Amendments made by section 21 of the above Act)
Bill : 2/2012
First Reading : 16 January 2012
Second and Third Readings : 14 February 2012
Commencement : 1 August 2012 (section 21)
99. 2012 Revised Edition — Criminal Procedure Code (Chapter 68)
Operation : 31 August 2012
100. Act 30 of 2012 — Misuse of Drugs (Amendment) Act 2012
(Amendments made by section 28 of the above Act)
Bill : 27/2012
First Reading : 15 October 2012
Second Reading : 12 November 2012
Third Reading : 14 November 2012
 xxi
Commencement : 1 January 2013 (section 28)
101. Act 33 of 2012 — Criminal Procedure Code (Amendment) Act 2012
Bill : 34/2012
First Reading : 15 October 2012
Second and Third Readings : 14 November 2012
Commencement : 1 January 2013
102. Act 3 of 2013 — Computer Misuse (Amendment) Act 2013
(Amendments made by section 5 read with item 2 of the Schedule to the
above Act)
Bill : 36/2012
First Reading : 12 November 2012
Second and Third Readings : 14 January 2013
Commencement : 13 March 2013 (section 5 read with
item 2 of the Schedule)
103. Act 25 of 2012 — Statutes (Miscellaneous Amendments) (No. 2)
Act 2012
(Amendments made by section 4 of the above Act)
Bill : 23/2012
First Reading : 10 September 2012
Second and Third Readings : 15 October 2012
Commencement : 28 March 2013 (section 4)
104. Act 5 of 2014 — Subordinate Courts (Amendment) Act 2014
(Amendments made by section 11(9) read with item 8 of the Schedule to the
above Act)
Bill : 26/2013
First Reading : 11 November 2013
Second and Third Readings : 21 January 2014
Commencement : 7 March 2014 (section 11(9) read with
item 8 of the Schedule)
105. Act 4 of 2014 — Statutes (Miscellaneous Amendments) Act 2014
(Amendments made by section 5 of the above Act)
Bill : 25/2013
First Reading : 11 November 2013
 xxii
Second and Third Readings : 21 January 2014
Commencement : 10 March 2014 (section 5)
106. Act 1 of 2014 — Prisons (Amendment) Act 2014
(Amendments made by section 22 read with item 2 of the Schedule to the
above Act)
Bill : 22/2013
First Reading : 11 November 2013
Second Reading : 20 January 2014
Notice of Amendments : 21 January 2014
Third Reading : 21 January 2014
Commencement : 1 July 2014 (section 22 read with
item 2 of the Schedule)
107. Act 27 of 2014 — Family Justice Act 2014
(Amendments made by section 54 of the above Act)
Bill : 21/2014
First Reading : 8 July 2014
Second Reading : 4 August 2014
Notice of Amendments : 4 August 2014
Third Reading : 4 August 2014
Commencement : 1 October 2014 (section 54)
108. Act 17 of 2014 — Protection from Harassment Act 2014
(Amendments made by section 22(1) of the above Act)
Bill : 12/2014
First Reading : 3 March 2014
Second and Third Readings : 13 March 2014
Commencement : 15 November 2014 (section 22(1))
109. Act 42 of 2014 — Supreme Court of Judicature (Amendment) Act 2014
(Amendments made by section 16 read with item 2 of the Schedule to the
above Act)
Bill : 38/2014
First Reading : 7 October 2014
Second and Third Readings : 4 November 2014
 xxiii
Commencement : 1 January 2015 (section 16 read with
item 2 of the Schedule)
110. Act 41 of 2014 — Statutes (Miscellaneous Amendments — Deputy
Attorney-General) Act 2014
(Amendments made by section 3 of the above Act)
Bill : 37/2014
First Reading : 7 October 2014
Second and Third Readings : 4 November 2014
Commencement : 1 January 2015 (section 3)
111. Act 5 of 2015 — Liquor Control (Supply and Consumption) Act 2015
(Amendments made by section 38(1) of the above Act)
Bill : 1/2015
First Reading : 19 January 2015
Second and Third Readings : 30 January 2015
Commencement : 1 April 2015 (section 38(1))
112. Act 10 of 2015 — Police Force (Amendment) Act 2015
(Amendments made by section 46(2) of the above Act)
Bill : 5/2015
First Reading : 29 January 2015
Second and Third Readings : 13 March 2015
Commencement : 1 June 2015 (section 46(2))
113. Act 26 of 2015 — Organised Crime Act 2015
(Amendments made by section 84(2) of the above Act)
Bill : 21/2015
First Reading : 13 July 2015
Second and Third Readings : 17 August 2015
Commencement : 1 June 2016 (section 84(2))
114. Act 28 of 2017 — Public Entertainments and Meetings (Amendment)
Act 2017
(Amendments made by section 24(5) of the above Act)
Bill : 22/2017
First Reading : 3 April 2017
Second and Third Readings : 8 May 2017
 xxiv
Commencement : 1 August 2017 (section 24(5))
115. Act 19 of 2016 — Administration of Justice (Protection) Act 2016
(Amendments made by section 39 of the above Act)
Bill : 23/2016
First Reading : 11 July 2016
Second and Third Readings : 15 August 2016
Commencement : 1 October 2017 (section 39)
116. Act 26 of 2018 — Public Order and Safety (Special Powers) Act 2018
(Amendments made by section 55 of the above Act)
Bill : 11/2018
First Reading : 27 February 2018
Second Reading : 21 March 2018
Notice of Amendments : 21 March 2018
Third Reading : 21 March 2018
Commencement : 16 May 2018 (section 55)
117. Act 9 of 2018 — Cybersecurity Act 2018
(Amendments made by section 50(2) of the above Act)
Bill : 2/2018
First Reading : 8 January 2018
Second and Third Readings : 5 February 2018
Commencement : 31 August 2018 (section 50(2))
118. Act 19 of 2018 — Criminal Justice Reform Act 2018
(Amendments made by sections 2 to 122 of the above Act)
Bill : 14/2018
First Reading : 28 February 2018
Second and Third Readings : 19 March 2018
Commencement : 17 September 2018 (sections 2(a) to
(d) and (f) to (i), 4 to 9, 19, 31, 34, 37
to 63, 74(a) and (b), 76, 77, 82 to 86,
115(a), 116, 117, 119(a) and 120)
31 October 2018 (sections 2(j), (k) and
(l), 3, 10 to 18, 20 to 30, 32, 33, 35, 36,
74(c), (d) and (e), 75, 79, 80, 81, 87 to
 xxv
97, 99 to 114, 115(b), 118, 119(b) to
(e), 121 and 122)
119. G.N. No. S 724/2018 — Criminal Procedure Code (Amendment of
Second Schedule) Order 2018
Commencement : 31 October 2018
120. G.N. No. S 820/2018 — Criminal Procedure Code (Amendment of
Second Schedule) (No. 2) Order 2018
Commencement : 18 December 2018
121. Act 41 of 2017 — Infrastructure Protection Act 2017
(Amendments made by section 86(2) of the above Act)
Bill : 32/2017
First Reading : 11 September 2017
Second and Third Readings : 2 October 2017
Commencement : 18 December 2018 (section 86(2))
122. Act 12 of 2018 — Criminal Law (Temporary Provisions) (Amendment)
Act 2018
(Amendments made by section 10(1) of the above Act)
Bill : 5/2018
First Reading : 9 January 2018
Second and Third Readings : 6 February 2018
Commencement : 1 January 2019 (section 10(1))
123. Act 14 of 2019 — Criminal Procedure Code (Amendment) Act 2019
Bill : 7/2019
First Reading : 11 February 2019
Second and Third Readings : 8 March 2019
Commencement : 21 June 2019
124. Act 15 of 2019 — Criminal Law Reform Act 2019
(Amendments made by section 169 of the above Act)
Bill : 6/2019
First Reading : 11 February 2019
Second Reading : 6 May 2019
Notice of Amendments : 6 May 2019
 xxvi
Commencement : 1 January 2020 (section 169 (except
section 169(1)(i) and (j))
10 February 2020 (section 169(1)(i)
and (j))
125. G.N. No. S 851/2019 — Criminal Procedure Code (Amendment of First
Schedule) Order 2019
Commencement : 2 January 2020
126. Act 30 of 2019 — Children and Young Persons (Amendment) Act 2019
(Amendments made by section 59 of the above Act)
Bill : 22/2019
First Reading : 5 August 2019
Second Reading : 3 September 2019
Third Reading : 4 September 2019
Commencement : 1 July 2020 (section 59(a))
127. Act 40 of 2019 — Supreme Court of Judicature (Amendment) Act 2019
(Amendments made by section 28(1) read with item 37 of the Schedule to
the above Act)
Bill : 32/2019
First Reading : 7 October 2019
Second Reading : 5 November 2019
Notice of Amendments : 5 November 2019
Third Reading : 5 November 2019
Commencement : 2 January 2021 (section 28(1) read
with item 37 of the Schedule)
128. Act 10 of 2021 — Postal Services (Amendment) Act 2021
(Amendments made by section 27 of the above Act)
Bill : 5/2021
First Reading : 5 March 2021
Second and Third Readings : 5 April 2021
Commencement : 14 May 2021 (section 27)
129. Act 17 of 2019 — Protection from Harassment (Amendment) Act 2019
(Amendments made by section 30 of the above Act)
Bill : 11/2019
 xxvii
First Reading : 1 April 2019
Second and Third Readings : 7 May 2019
Commencement : 1 June 2021 (section 30)
Abbreviations
C.P. Council Paper
G.N. No. S (N.S.) Government Notification Number Singapore (New Series)
G.N. No. Government Notification Number
G.N. No. S Government Notification Number Singapore
G.N. Sp. No. S Government Notification Special Number Singapore
L.A. Legislative Assembly
L.N. Legal Notification (Federal/Malaysian Subsidiary
Legislation)
M. Act Malayan Act/Malaysia Act
M. Ordinance Malayan Ordinance
Parl. Parliament
S.S.G.G. (E) No. Straits Settlements Government Gazette (Extraordinary)
Number
S.S.G.G. No. Straits Settlements Government Gazette Number
 COMPARATIVE TABLE
CRIMINAL PROCEDURE CODE 2010
This Act has undergone renumbering in the 2020 Revised Edition. This
Comparative Table is provided to help readers locate the corresponding provisions
in the last Revised Edition.

2020 Ed. 2012 Ed.

104 104—(1)
— (2) [Deleted by Act 19 of 2018]
— (3) [Deleted by Act 19 of 2018]
[Omitted as spent] 429—(23)

31.12.2021