THE STATUTES OF THE REPUBLIC OF SINGAPORE

CRIMINAL PROCEDURE CODE

(CHAPTER 68)

(Original Enactment: Act 15 of 2010)

REVISED EDITION 2012

(31st August 2012)

Prepared and Published by

THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)

PRINTED BY THE GOVERNMENT PRINTER, SINGAPORE

2012
 CHAPTER 68 2012 Ed.

Criminal Procedure Code

ARRANGEMENT OF SECTIONS

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

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

PART III
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 IV
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

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Section
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 coin or counterfeit currency note or bank note, 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

PART V
PREVENTION OF OFFENCES
Division 1 — Security for keeping peace and
for good behaviour
41. Security for keeping peace on conviction
42. Security for keeping peace by complainant
43. Security for keeping peace generally
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Section
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

PART VI
ARREST AND BAIL AND PROCESSES
TO COMPEL APPEARANCE
Division 1 — Arrest without warrant
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

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Division 2 — Arrest with warrant

Section
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 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

Division 5 — Bails and bonds

91. Interpretation of this Division
92. When person must be released on bail or personal bond
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. High Court’s powers to grant or vary bail
98. Application for bail or release on personal bond in High Court
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Section
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. Liability to arrest for absconding or breaking conditions of bail or personal
bond
104. Duties of surety
105. Surety may apply to have bond discharged
106. Security instead of surety
107. Procedure on forfeiture of bond
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.
116. Service of summons
117. Proceedings against body corporate, limited liability partnership, etc.
118. Service for offences punishable with fine only
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 VII
THE CHARGE
123. Form of charge

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Section
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 referred to 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
147. Withdrawal of remaining charges on conviction on one of several charges
148. Outstanding offences
149. Death of accused

PART VIII
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
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PART IX
PRE-TRIAL PROCEDURES IN
THE SUBORDINATE COURTS
Division 1 — General matters
Section
157. Interpretation of this Part
158. Reading of charge
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 X
PRE-TRIAL PROCEDURES IN 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 High Court

Division 2 — Committal procedures for

cases triable by High Court
176. Committal hearing

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Section
177. Examining Magistrate to conduct committal hearing
178. Committal hearing where accused wishes to plead guilty
179. Use of written statements
180. When accused to be discharged
181. When charge to be framed
182. Committal when defence reserved
183. Defence of accused
184. Addresses
185. Discharge or committal after defence
186. Bonds of witnesses
187. Attendance at trial of person making report
188. Procedure after committal of accused for trial
189. Custody of accused pending trial
190. Restrictions on reports of committal hearing
191. Certain provisions to prevail
192. Procedure after case has been committed to High Court
193. When Case for the Defence is served
194. Court to explain to unrepresented accused certain matters
195. Contents of Case for the Defence
196. Time for service of other statements
197. Fixing dates for trial
198. If co-accused charged subsequently

Division 3 — Supplementary provisions to

committal procedures
199. Persons to be deemed to have been brought before High Court in due
course of law
200. When Public Prosecutor may direct that accused be discharged
201. Public Prosecutor may by fiat designate court of trial when criminal offence
disclosed
202. Procedure when court designated is High Court
203. Procedure when court designated is not High Court
204. Witnesses to be notified of change of court
205. Public Prosecutor may issue subsequent fiat
206. Public Prosecutor may alter or redraw charge
207. Public Prosecutor may order proceedings before Magistrate’s Court to be
transmitted to him
208. Public Prosecutor may thereupon give instructions to Magistrate
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Division 4 — Non-compliance with certain
requirements in Division 2
Section
209. Consequences of non-compliance with certain requirements in Division 2

Division 5 — Transmission proceedings

210. Transmission of case to High Court
211. Public Prosecutor may issue subsequent fiat
212. Procedure after case has been transmitted to 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

Division 6 — Non-compliance with certain

requirements in Division 5
221. Consequences of non-compliance with certain requirements in Division 5

PART XI
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

Division 2 — When accused pleads guilty electronically

226. Pleading guilty electronically

Division 3 — Plead guilty procedures

227. Procedure if accused pleads guilty or retracts plea
228. Address on sentence, mitigation and sentence

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PART XII
PROCEDURE AT TRIAL IN ALL COURTS
Section
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 a single judge
235. Power of court to order any production of document or thing

PART XIII
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. High Court’s power 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
248. Certificate of principal officer
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Section
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 XIV
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
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
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

Division 4 — Special provisions relating to

recording of evidence
280. Power of Magistrate to record statements
281. Evidence through video or television links

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Division 5 — Witnesses
Section
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. Reading over evidence and correction
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 XV

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 XVI
SENTENCES
Division 1 — Sentences in general
303. Sentences
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
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Section
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
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
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

PART XVII
COMMUNITY SENTENCES
335. Interpretation of this Part
336. Meaning of ‘‘community order’’ and ‘‘community sentence’’
337. Community orders

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Section
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 XVIII
COMPENSATION AND COSTS
355. Order for payment of costs of prosecution against accused and order for
payment of costs incurred by accused in his defence
356. Costs ordered by Court of Appeal or 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

PART XIX
DISPOSAL OF PROPERTY
364. Order for disposal of property by court
365. Direction instead of order
366. Payment to innocent person of money in possession of accused
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Section
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 XX
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
392. Taking additional evidence
393. Death of party to appeal
394. Grounds for reversal by appellate court

Division 2 — Points reserved

395. Power of court to state case
396. Application to state case directly to Court of Appeal

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Section
397. Reference to Court of Appeal of criminal matter determined by 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

Subordinate Courts
400. Power to call for records of Subordinate Courts
401. Powers of High Court on revision
402. Orders on revision
403. Permission for parties to appear

Division 4 — Revision of orders made at

criminal case disclosure conference
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
409. Costs

PART XXI
SPECIAL PROCEEDINGS
Division 1 — Proceedings in case of certain offences
affecting administration of justice
410. Procedure as to offences committed in court, etc.
411. Record of facts constituting offence
412. Alternative procedure
413. Power to remit punishment
414. Refusal to give evidence
415. Appeal
416. Magistrate not to try certain offences committed before himself

Division 2 — Special proceedings —

Order for review of detention
417. Application for order for review of detention
418. Orders for review of detention
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Section
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 XXII
MISCELLANEOUS
423. When irregularities do not make proceedings invalid
424. Duty to give information of certain matters
425. Irregularity in attachment
426. Copies of proceedings
427. Amendment of Schedules
428. Minister to make regulations
429. Savings and transitional provisions
First Schedule — Tabular statement of offences under the Penal Code
Second Schedule — Laws to which criminal case disclosure procedures
apply
Third Schedule — Offences to which transmission procedures apply
Fourth Schedule — Offences that may be compounded by victim
Fifth Schedule — Types of work

An Act relating to criminal procedure.

[2nd January 2011]

PART I
PRELIMINARY

Short title
1. This Act may be cited as the Criminal Procedure Code 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;

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‘‘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;
‘‘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;
‘‘complaint’’ means any allegation made orally or in writing to
a Magistrate with a view to his taking action under this Code
that some person, whether known or unknown, has committed
or is guilty of an offence;
‘‘computer’’ has the same meaning as in the Computer Misuse Act
(Cap. 50A);
‘‘court’’ means the Court of Appeal, the High Court, a District
Court or a Magistrate’s Court, as the case may be, which
exercises criminal jurisdiction;
‘‘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 (Cap. 295);
(b) order made under section 34(2) of the Misuse of Drugs
Act (Cap. 185);
(c) supervision order made under section 16 of the
Intoxicating Substances Act (Cap. 146A);
(d) order made under section 30 of the Criminal Law
(Temporary Provisions) Act (Cap. 67); 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;
‘‘financial institution’’ has the same meaning as in section 2 of
the Corruption, Drug Trafficking and Other Serious Crimes
(Confiscation of Benefits) Act (Cap. 65A);
‘‘fine’’ means any fine or financial penalty imposed by any court
upon any conviction of any offence;
2012 Ed. Criminal Procedure Code CAP. 68 19

‘‘Judge’’ means a Judge of the High Court and includes the Chief
Justice and any person appointed to exercise the powers of
a Judge;
‘‘Judge of Appeal’’ includes the Chief Justice and a Judge of
the High Court sitting as a judge of the Court of Appeal
under section 29(3) of the Supreme Court of Judicature Act
(Cap. 322);
‘‘judicial proceeding’’ means any proceeding in the course of
which evidence is or may be legally taken by a court;
‘‘juvenile’’ means a person who, in the absence of legal proof to
the contrary, is 7 years of age or above and below the age of
16 years 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 same meaning as in the Police Force Act
(Cap. 235);

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‘‘police station’’ includes —

(a) any office or branch of the Criminal Investigation
Department;
(b) the Radio Division of the Singapore Police Force;
(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’’ and ‘‘public postal licensee’’ have the same
meanings as in section 2 of the Postal Services Act
(Cap. 237A);
‘‘proceeding’’ includes a committal hearing, criminal case
disclosure conference and a pre-trial conference, held under
Part IX or X, 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 Subordinate Courts’’ includes a Deputy Registrar
of the Subordinate 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 Ed.) repealed by this Code;
‘‘signed’’ or ‘‘signature’’ and its grammatical variations, in
relation to documents signed by a person who is a Judge
of the Supreme Court, the Registrar of the Supreme Court,
the Registrar of the Subordinate Courts, a District Judge or
a Magistrate, shall have the same meaning as defined in
section 2 of the Electronic Transactions Act (Cap. 88);
2012 Ed. Criminal Procedure Code CAP. 68 21

‘‘stolen property’’ has the same meaning as in section 410 of

the Penal Code (Cap. 224);
‘‘Subordinate Court’’ means any court constituted under the
Subordinate Courts Act (Cap. 321) for the administration of
criminal justice;
‘‘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.
(2) Words and expressions used in this Code which are defined in
the Penal Code but not defined in this section shall have the same
meanings given to them by the Penal Code.

Service of notices, orders and documents

3.—(1) 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 family;
(c) by addressing it to that person and delivering it at the last
known business address of that person to his employee or
by addressing it to his 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 his last known residential or business address, or sending
it by registered post addressed to his advocate (if any) at
the advocate’s office;
(e) by addressing it to that person and transmitting it by facsimile
to his last known facsimile number, or addressing it to his
advocate (if any) and transmitting it by facsimile to the
advocate’s office facsimile number;
(f) by leaving it at his last known residential or business address,
if service cannot be effected under paragraphs (a) to (e);
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(g) in the case of a body corporate or a limited liability

partnership —
(i) by delivering it to the director, manager or secretary,
or other like 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 facsimile number of the body corporate or
limited liability partnership; or
(vi) by addressing it to the advocate (if any) of the body
corporate or limited liability partnership and
transmitting it by facsimile to the advocate’s office
facsimile number;
(h) in the case of a partnership other than a limited liability
partnership —
(i) by delivering it to any one of the partners or the
secretary, or other like 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;
2012 Ed. Criminal Procedure Code CAP. 68 23

(v) by addressing it to that partnership and transmitting it

to the last known facsimile number of the partnership;
or
(vi) by addressing it to the advocate (if any) of the
partnership and transmitting it by facsimile to the
advocate’s office facsimile number;
(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;
(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 facsimile number of
the unincorporated association; or
(vi) by addressing it to the advocate (if any) of the
unincorporated association and transmitting it by
facsimile to the advocate’s office facsimile number; or
(j) by any other prescribed method.
(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
name, age, identity card or passport number, contact details and

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24 CAP. 68 Criminal Procedure Code 2012 Ed.

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
so required by the serving officer, acknowledge its receipt by signing on
an acknowledgment slip and writing down his 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.
(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 shall be
admissible in evidence.

Trial of offences under Penal Code or other laws

4.—(1) Offences under the Penal Code (Cap. 224) 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 shall derogate from the jurisdiction or
powers of the Court of Appeal or the High Court or the Judges thereof,
or the Attorney-General or the Solicitor-General.

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.
2012 Ed. Criminal Procedure Code CAP. 68 25

PART II
CRIMINAL JURISDICTION OF
SUBORDINATE COURTS

Criminal jurisdiction of Magistrates’ Courts

7.—(1) Subject to this Code, Magistrates’ Courts shall 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 punishable
with a fine only;
(b) conduct a committal hearing into any offence with a view
to committal for trial by the High Court;
(c) inquire into a complaint of any offence and summon and
examine any witness who may give evidence relating to such
offence;
(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 his 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.
(2) The jurisdiction and powers conferred on Magistrates’ Courts
under subsection (1)(a) and (b) 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.
(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 shall have jurisdiction and power to try any
offence for which the maximum term of imprisonment provided by
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26 CAP. 68 Criminal Procedure Code 2012 Ed.

law does not exceed 10 years or which is punishable with a fine only.
(2) Every District Court shall have in the exercise of its jurisdiction
all the powers of a Magistrate’s Court.

Enlargement of jurisdiction of Subordinate 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.
(2) Notwithstanding section 7(1), a Magistrate’s Court may try any
offence —
(a) under the Penal Code (Cap. 224), 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, if the offence is
shown to be triable by a Magistrate’s Court under that law.
(3) Notwithstanding 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) 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 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 shall 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 (Cap. 224);
(b) an offence under Chapter VA, VI (except section 127) or
XVIII of the Penal Code;
(c) an offence under Chapter XXI of the Penal Code; or
2012 Ed. Criminal Procedure Code CAP. 68 27

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

to 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 his arrest
may be issued and executed, and any such person may be remanded
in custody or released on bail, notwithstanding that the consent of
the Public Prosecutor has not been obtained, but the case shall 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 shall be
explained to him but he shall 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 shall remain in force unless acted upon within one
month from the date on which it was given.
(6) Subsections (2) to (5) shall 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 III
POWERS OF ATTORNEY-GENERAL
AND PUBLIC PROSECUTOR

Public Prosecutor
11.—(1) The Attorney-General shall be the Public Prosecutor and
shall have the control and direction of criminal prosecutions and
proceedings under this Code or any other written law.
(2) The Solicitor-General shall have all the powers of a Deputy
Public Prosecutor and shall act as Public Prosecutor when the Attorney-
General is absent or unable to act.

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28 CAP. 68 Criminal Procedure Code 2012 Ed.

(3) Subject to this section, the Public Prosecutor may appoint

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.
(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 —
(i) the trial of an offence before any court, tribunal or authority;
(ii) the forfeiture, confiscation, destruction or disposal of
property; or
(iii) the exercise by any police officer of the powers of investigation
under this Code,
as the case may be.
(5) The Public Prosecutor, the Solicitor-General or a Deputy Public
Prosecutor may authorise any person, on such terms and conditions
as he 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.
(6) Any proceeding before the High Court must be conducted
by the Public Prosecutor, the Solicitor-General, a Deputy Public
Prosecutor, an Assistant Public Prosecutor, or a person authorised
under subsection (5) who is an advocate.
(7) No person shall appear on behalf of the Public Prosecutor in
any criminal appeal, or any case stated or criminal reference under
Division 2 of Part XX, other than the Solicitor-General, a Deputy
Public Prosecutor, or a person authorised under subsection (5) who is
an advocate.
(8) Subject to subsections (9) and (10), any proceeding relating to
a criminal matter before a Subordinate Court must be conducted
only by the Public Prosecutor, the Solicitor-General, a Deputy Public
Prosecutor, an Assistant Public Prosecutor, or any other person
authorised under subsection (5).
2012 Ed. Criminal Procedure Code CAP. 68 29

(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 punishable with a fine only.

Public Prosecutor’s fiat

12.—(1) Notwithstanding any provision in this Code, the Public
Prosecutor may by fiat, and on such terms and conditions as he thinks
fit, permit any person to prosecute, on the person’s own behalf,
any particular offence punishable under the Penal Code (Cap. 224) or
any other written law, or to pursue any further proceedings in such
prosecution.
(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 Solicitor-General, a Deputy Public Prosecutor
or an Assistant Public Prosecutor, the Public Prosecutor may, if he
thinks fit, take over the conduct of the prosecution at any stage of the
proceedings and continue or discontinue the prosecution.

PART IV
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.

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30 CAP. 68 Criminal Procedure Code 2012 Ed.

(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, he must
ensure that all of the following are recorded in a report:
(a) the date and time of his receipt of the information;
(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 referred to in subsection (3).
(5) If the information is given orally and it is impracticable for
the recording officer to write it down immediately, he 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 shall immediately record the information in
a report and communicate that report to the officer in charge
2012 Ed. Criminal Procedure Code CAP. 68 31

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.
(2) If requested, the officer referred to 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 shall thereupon be investigated by a police officer;
(b) the informant shall, 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 (Cap. 49A), 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 referred to in subsection (2) may also exercise the
same powers in respect of the investigation as he 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)
shall be supplied with a copy of any report filed or recorded under
section 14 or 15 on which shall 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 reasons if he decides not to
investigate into any non-arrestable case.

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32 CAP. 68 Criminal Procedure Code 2012 Ed.

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
any place, the police officer must, or if he is unable to attend to the case,
another police officer acting in his 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) Notwithstanding subsection (1) —
(a) if the police officer has reason to believe that the case is not
of a serious nature, there shall be 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 shall
not do so.
(3) In each of the cases mentioned in subsection (2)(a) and (b),
the police officer receiving the information shall state in his report
his 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 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 progress, setting out —
(a) the time at which any order for investigation reached him;
(b) the times at which he began and closed his investigation;
(c) the places he visited; and
(d) the findings of his investigation.
2012 Ed. Criminal Procedure Code CAP. 68 33

(2) Notwithstanding anything in the Evidence Act (Cap. 97),

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, 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
considers that a document or other thing (other than a document or
thing in the custody of a Postal Authority or public postal licensee)
is necessary or desirable for any investigation, inquiry, trial or other
proceeding under this Code, he may issue a written order to the person
in whose possession or power the document or thing is believed to be,
to require that person —
(a) to produce the document or thing at the time and place stated
in the order; or
(b) to give a police officer access to such document or thing.
(2) Notwithstanding subsection (1), a written order under that
subsection for the production of customer information by a financial
institution, or access to customer information kept by a financial
institution —
(a) must only be made by a police officer of or above the rank
of inspector; 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.
(3) If any document or thing in the custody of a Postal Authority
or a public postal licensee is, in the opinion of the Public Prosecutor,
required for any investigation, inquiry, trial or other proceeding
under this Code, he may require the Postal Authority or public postal
licensee to deliver that document or thing to the person whom
the Public Prosecutor so requires it to be delivered.

31.8.2012
34 CAP. 68 Criminal Procedure Code 2012 Ed.

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

thing, he may comply with such requirement by causing the document
or thing to be produced instead of bringing it in person.
(5) A police officer may exercise the powers conferred under this
section notwithstanding any provision in any other law relating to the
production of, or the giving of any access to, any document or thing.
(6) In this section, ‘‘customer information’’ has the same meaning
as in section 40A of the Banking Act (Cap. 19).

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 him, 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, in his discretion,
issue a warrant ordering the person to attend.

Power to examine witnesses

22.—(1) In conducting an investigation under this Part, a police
officer 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.
(2) The person examined shall be bound to state truly what he
knows of the facts and circumstances of the case, except that he need
not say anything that might expose him to a criminal charge, penalty
or forfeiture.
(3) A statement made by any person examined under this section
must —
(a) be in writing;
(b) be read over to him;
2012 Ed. Criminal Procedure Code CAP. 68 35

(c) if he does not understand English, be interpreted for him in

a language that he understands; and
(d) be signed by him.

Cautioned statements
23.—(1) If, during an investigation, a person (referred to in this
section as 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 he may be prosecuted
for an offence, he must be served with and have read to him a notice
in writing as follows:
‘‘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 —
(a) remains silent; or
(b) says or does anything which intimates his refusal to give
a statement,
the fact of his remaining silent or his refusal to give a statement or
his other action must be recorded.
(3) A statement made by an accused after the notice under
subsection (1) is read to him must —
(a) be in writing;
(b) be read over to him;
(c) if he does not understand English, be interpreted for him in
a language that he understands; and
(d) be signed by him.

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36 CAP. 68 Criminal Procedure Code 2012 Ed.

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

him under subsection (1) shall 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) A copy of a statement recorded under this section must be given
to the accused at the end of the recording of such statement.

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), or a requisition
under section 20(3), or a summons under section 235(1),
would not produce the document or other thing as required by
the order, requisition 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.
(2) Nothing in this section shall authorise any court other than the
High Court to grant a warrant to search for a document in the custody
of the Postal Authority or a public postal licensee.

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, 5 or 6 of the Consumer
Protection (Trade Descriptions and Safety Requirements) Act
(Cap. 53);
(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
2012 Ed. Criminal Procedure Code CAP. 68 37

(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 —
(i) to enter that place with such assistance as may be required;
(ii) to search it in the manner, if any, specified in the warrant;
(iii) 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, 5 or 6 of the Consumer Protection (Trade
Descriptions and Safety Requirements) Act or to be stolen,
unlawfully obtained, forged, false or counterfeit, and also of
any such instrument and material as aforesaid;
(iv) 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
(v) 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 —
(A) the goods to have been the subject of an offence
committed under section 4, 5 or 6 of the Consumer
Protection (Trade Descriptions and Safety
Requirements) Act;
(B) the property to have been stolen or otherwise
unlawfully obtained;
(C) the document, seal, stamp or coin to have been forged,
falsified or counterfeited; or
(D) the instrument or material to have been or to be
intended to be used for counterfeiting any coin or
stamp or for forging.

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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 High Court, by
a Judge of the High Court or by the Registrar of the Supreme Court.
(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 shall remain 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.

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; and
2012 Ed. Criminal Procedure Code CAP. 68 39

(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 to the occupier and —
(i) if he is a police officer, show the occupier documentary
evidence that he is such a police officer; or
(ii) if he is not a police officer, show the occupier his
original identity card or travel document as proof of
his identity;
(b) show the occupier the warrant; and
(c) if requested, give the occupier a copy of the warrant.
(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 he 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.

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(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 shall 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 he 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 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 shall be lawful in any case for the police officer or
other person executing the search warrant to break open any outer or
inner 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 he has
good grounds for believing that by reason of the delay in obtaining
a search warrant such property is likely to be removed, he 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 shall be
delivered or taken down in writing with a declaration stating that an
2012 Ed. Criminal Procedure Code CAP. 68 41

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 his representative shall
accompany the officer in the search for that property under subsection
(1) unless that person or his 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 referred to 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
(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 he 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) he considers the document or thing to be necessary for his
investigation and if he 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;

31.8.2012
42 CAP. 68 Criminal Procedure Code 2012 Ed.

(b) he has reason to believe that the document or thing, which

he considers to be necessary for his investigation, is likely to
be removed; or
(c) it is not known who possesses the document or thing which
he considers to be necessary for his investigation.
(2) The police officer in subsection (1) shall, if reasonably
practicable, conduct the search in person.
(3) The provisions of this Code relating to searches pursuant to
search warrants shall, with the necessary modifications, apply 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 receipt of the property at a police station.
(4) A police officer may exercise the powers conferred under
this section notwithstanding any provision in any other law relating to
the seizure of, or the prohibition of any disposal of or dealing in,
any property.
2012 Ed. Criminal Procedure Code CAP. 68 43

(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 such account, or any other
payments, may be credited into such account after the date
on which the written order was made; and
(b) any such interest, other earnings or payments shall be 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 such property or any part of such property.
(8) The court shall 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 such lien or judgment, provided that the lien
or judgment arose or was entered before the order was made
under subsection (2)(b); or

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44 CAP. 68 Criminal Procedure Code 2012 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 referred to 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.

Forfeiture of counterfeit coin or counterfeit currency note or bank

note, etc.
36.—(1) Any police officer of or above the rank of sergeant, upon
being satisfied that any person has in his possession —
(a) any counterfeit coin or current coin or any die, instrument or
material for the purpose of counterfeiting any coin or current
coin; or
(b) any forged or counterfeit currency note or bank note or any
machinery, instrument or material used for the forging or
counterfeiting of any currency note or bank note,
may, without warrant and with or without assistance, enter and search
any place where any such coin, currency note or bank note or any
such die, machinery, instrument or material is kept and seize any such
coin, note, die, machinery, instrument or material.
(2) Anything seized under subsection (1) shall, by order of the
court before which any person is tried relating to such possession, or
2012 Ed. Criminal Procedure Code CAP. 68 45

where there is no trial, by order of a Magistrate, be forfeited and shall

be destroyed or otherwise disposed of in such manner as the Minister
may direct.
(3) In this section, ‘‘coin’’, ‘‘current coin’’, ‘‘die’’ and ‘‘instrument’’
have the same meanings as in the Penal Code (Cap. 224).

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 his behalf, 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 of a computer that
he has reasonable cause to suspect is or has been used in
connection with the arrestable offence; or
(b) use or cause to be used any such computer to search any data
contained in or available to such computer.
(2) The police officer or authorised person may also require any
assistance he needs to gain such access from —
(a) any person whom he reasonably suspects of using the
computer in connection with the arrestable offence or of
having used it in this way; or
(b) any person having charge of, or otherwise concerned with
the operation of, such computer.
(3) Any person who obstructs the lawful exercise by a police officer
or an authorised person of the powers under subsection (1), or who fails
to comply with any requirement of the police officer or authorised

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person 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 6 months or to both.
(4) An offence under subsection (3) shall be an arrestable offence.
(5) A person who had acted in good faith under subsection (1) 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.
(6) In this section and section 40, ‘‘authorised person’’ means
a person authorised in writing by the Commissioner of Police for
the purposes of this section or section 40 or both.

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 referred to in subsection
(1) shall be 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 he 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 him with such reasonable technical and other
assistance as he may require for the purposes of paragraph (a);
and
(c) require any person whom he reasonably suspects to be in
possession of any decryption information to grant him access
to such decryption information as may be necessary to
decrypt any data required for the purposes of investigating
the arrestable offence.
2012 Ed. Criminal Procedure Code CAP. 68 47

(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,
he 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;
(c) any written law relating to radiological or biological weapons;
(d) the Arms and Explosives Act (Cap. 13);
(e) the Chemical Weapons (Prohibition) Act (Cap. 37B);
(f) the Corrosive and Explosive Substances and Offensive
Weapons Act (Cap. 65);
(g) the Hijacking of Aircraft and Protection of Aircraft and
International Airports Act (Cap. 124);
(h) the Kidnapping Act (Cap. 151);
(i) the Maritime Offences Act (Cap. 170B);
(j) the Official Secrets Act (Cap. 213);
(k) the Protected Areas and Protected Places Act (Cap. 256);

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(l) the Statutory Bodies and Government Companies (Protection

of Secrecy) Act (Cap. 319);
(m) the Strategic Goods (Control) Act (Cap. 300);
(n) the Terrorism (Suppression of Financing) Act (Cap. 325);
(o) the United Nations (Anti-Terrorism Measures) Regulations
(Cap. 339, Rg 1); and
(p) such other written law as the Minister may, by order published
in the Gazette, specify.
(6) No offence shall be 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 shall be presumed for the
purposes 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 his possession at the time the request was made;
and
(b) continued not to be in his 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;
2012 Ed. Criminal Procedure Code CAP. 68 49

‘‘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.

PART V
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, 504 or 510 of
the Penal Code (Cap. 224) or under section 13A, 13B, 13C
or 13D of the Miscellaneous Offences (Public Order and
Nuisance) Act (Cap. 184);
(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 he 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 him to execute a bond for a sum proportionate to his means, with
or without sureties, for keeping the peace for a period not exceeding
2 years.
(2) If the conviction is set aside on appeal or otherwise, the bond
so executed becomes void.

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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 he should be
ordered to execute a bond to keep the peace, the court may require him
to show cause why he 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 shall not be 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 that person to show cause why he 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 he should
not be ordered to execute a bond for his good behaviour for a period
not exceeding 2 years, if it appears to the court that —
(a) the person is trying to conceal his presence and there is reason
to believe that he is doing so with a view to committing
an offence;
(b) the person has no apparent means of supporting himself or
is unable to give a satisfactory account of himself; 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
(Cap. 290) or any material which forms the subject
matter of a charge under section 267C, 298A or 505 of
the Penal Code (Cap. 224); or
(ii) any matter concerning a Judge or a judicial officer
amounting to criminal intimidation or defamation
under the Penal Code.
2012 Ed. Criminal Procedure Code CAP. 68 51

(2) No proceeding shall 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 he should not
be ordered to execute a bond for his 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, if he wishes, explained
to him.
(2) If the person subject to the order is not present in court, the court
must issue a summons requiring him to appear or, if he is in custody,
a warrant instructing the officer in whose custody he is to bring him
before the court.
(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).

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(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
him 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 his 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.
(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 shall 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.
2012 Ed. Criminal Procedure Code CAP. 68 53

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 shall, as the case may be, bind him —
(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, in its discretion, 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
begin, the court may commit him to prison for a period not exceeding
the period for which the security is ordered to be given.
(2) If the person referred to in subsection (1) is already in prison, he
shall stay there until the end of the term that the court has determined
under subsection (1) or until he 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.
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(2) A court other than the High Court shall not exercise this power
except in cases where the imprisonment is under its own order or
that of a similar court.

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 him to provide adequate security for the remaining
term of the bond.
(4) Every such order referred to in subsection (3) shall be treated
as made under section 41 or 50 and in such a case, sections 52 to 55
shall 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 public peace to disperse, and the members of the assembly must
then disperse.
(2) Nothing in this Division shall derogate from the powers
conferred on any person under the Public Order Act (Cap. 257A).

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.
2012 Ed. Criminal Procedure Code CAP. 68 55

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 may require any commissioned or
non-commissioned officer in command of any sailors, soldiers or
airmen in the Singapore Armed Forces or in any visiting force lawfully
present in Singapore 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.
(2) Every such officer shall obey such requisition in such manner
as he thinks fit, but in so doing he shall use as little force 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 or
in any visiting force lawfully present in Singapore 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 is acting under this section it becomes practicable for
him to communicate with the Minister, the Commissioner of Police
or a Deputy Commissioner of Police, he shall do so and thereafter
obey the instructions of the Minister, the Commissioner of Police or
the Deputy Commissioner of Police as to whether he shall or shall not
continue the action.
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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 or in
any visiting force lawfully present in Singapore for any act purporting
to be done under this Division shall 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
(d) no inferior officer, sailor, soldier or airman or member of
any of the Singapore Armed Forces or of any visiting force
lawfully present in Singapore doing any act in obedience to
any order which under naval, military or air force law he was
bound to obey,
shall be deemed thereby to have committed an offence.

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 ability, use all lawful means
to prevent the commission of the offence.
(2) Without affecting the generality of 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 removing a person from any place and
taking away any thing which the person has in his possession
which the police officer reasonably suspects is intended to be
used in the commission of the offence;
2012 Ed. Criminal Procedure Code CAP. 68 57

‘‘terrorist act’’ means the use or threat of action —

(a) where the action —
(i) involves serious violence against a person or
which endangers a person’s life;
(ii) involves serious damage to any building or
structure;
(iii) creates a serious risk to the health or the safety
of the public or a section of the public;
(iv) involves the use of firearms or explosives; or
(v) involves releasing into the environment or any
part thereof, or distributing or otherwise exposing
the public or any part thereof to —
(A) any dangerous, hazardous, radioactive
or harmful substance;
(B) any toxic chemical; or
(C) any microbial or other biological agent,
or toxin; and
(b) where the use or threat of action is intended or
reasonably regarded as intending to —
(i) influence or compel the Government, any other
government, or any international organisation to
do or refrain from doing any act; or
(ii) intimidate the public or a section of the public.

PART VI
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 his having been so concerned or involved;

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(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
duty, or has escaped or tries to escape from lawful custody;
(f) is reasonably suspected of being a deserter from any force
referred to in section 140B of the Penal Code (Cap. 224) or
to which Chapter VII of that Code may be extended;
(g) is trying to conceal his presence in circumstances that suggest
he 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;
(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
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,
he refuses to give his name and residential address.
2012 Ed. Criminal Procedure Code CAP. 68 59

(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,
he 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 he can be tried; or
(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 his 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 him to a police station.
(3) If there is reason to believe that the arrested person is a person
referred to in section 64(1), a police officer must re-arrest him.
(4) If there is reason to believe that the arrested person has
committed a non-arrestable offence and he refuses to give his 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, he may
be dealt with under section 65.
(5) If there is no reason to believe that the arrested person has
committed any offence, he must be released at once.

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(6) A person who commits an offence against any other person

(referred to in this subsection as the victim) or that other person’s
property may, if —
(a) his name and residential address are unknown;
(b) he gives a residential address outside Singapore; or
(c) he 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 referred to
in paragraph (c).
(7) The person apprehended under subsection (6) may be detained
until he can be delivered into the custody of a police officer, and
subsections (3), (4) and (5) shall thereafter apply.
(8) If any person being lawfully apprehended under subsection (6)
assaults or forcibly resists the person by whom he is so apprehended,
he 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 shall, 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) No police officer shall 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.
(2) Such period shall not exceed 48 hours exclusive of the time
necessary for the journey from the place of arrest to the Magistrate’s
Court.
2012 Ed. Criminal Procedure Code CAP. 68 61

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 or director of any law
enforcement agency, or any person of a similar rank in such law
enforcement agency.
(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
(b) if directed to the head or director of any law enforcement
agency, or any person of a similar rank in such law
enforcement agency, may be executed by any person
appointed by the head, director or any person of a similar
rank.
(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 High Court,
by a Judge of the High Court or by the Registrar of the Supreme
Court.
(2) The arrest warrant shall remain 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
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62 CAP. 68 Criminal Procedure Code 2012 Ed.

warrant executes a bond with sufficient sureties for his 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
(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 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 he is required by law to produce that 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 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 escape.
2012 Ed. Criminal Procedure Code CAP. 68 63

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 person
residing in or in charge of the place must allow him 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
shall be 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 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 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.
(2) A police officer investigating an arrestable offence under
Part IV may —
(a) enter any place belonging to or under the control of any
person who —
(i) is under arrest in connection with the offence;

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64 CAP. 68 Criminal Procedure Code 2012 Ed.

(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
he has about his person, and shall 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 may be searched to find
out his 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 any other person who,
having lawfully gone inside to make an arrest, is detained in it.

Mode of searching women

83. Whenever it is necessary to cause a woman to be searched, the
search shall be made by another woman with strict regard to decency.

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 escaped or was rescued, or any police
2012 Ed. Criminal Procedure Code CAP. 68 65

officer, may immediately pursue and arrest him for the purpose of
returning him to the place where he was in lawful custody.
(2) Sections 77 and 82 shall 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.

Release of arrested person

85. A person arrested by a police officer must not be released except
on his 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 his 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 him
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;
(c) by affixing a copy of it to any bulletin board in the court house;
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(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 (Cap. 329A) 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 (Cap. 227) 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 his 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 his behalf.
(4) The powers, duties and liabilities of a receiver appointed under
this section are the same as those of a receiver appointed by the High
Court under its civil jurisdiction.
(5) An attachment of immovable property shall have no effect
until the order of attachment is registered under the Registration of
Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157), as the case
may be.
2012 Ed. Criminal Procedure Code CAP. 68 67

(6) If the proclaimed person does not appear within the time
specified in the proclamation, the attached property shall be 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 shall be paid out of the Consolidated
Fund.

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 personal bond, as the case may be;
‘‘surrender to custody’’, in relation to a released person, means
to surrender himself 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 to do so.

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When person must be released on bail or personal bond

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.
(2) Instead of taking bail from the person, the police officer or
the court may release him if he signs a personal bond without sureties.

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, he 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 him.
[2/2012]

(3) Notwithstanding subsection (2), if there are grounds for further

investigations as to whether the accused has committed some other
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 own personal bond.
(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 him to prison.

Conditions of bail or personal bond

94.—(1) A police officer or the court may impose such conditions as
are necessary when granting bail or releasing the accused on personal
bond under section 92 or 93.
2012 Ed. Criminal Procedure Code CAP. 68 69

(2) The conditions imposed in relation to an accused under

subsection (1) may include the following requirements:
(a) to surrender any travel document in his possession;
(b) to surrender to custody or to make himself available for
investigations or to attend court on the day and at the time
and place appointed for him to do so;
(c) not to commit any offence while released on bail or on
personal bond; and
(d) not to interfere with any witness or otherwise obstruct the
course of justice whether in relation to himself or any other
person.

Exceptions to bail or release on personal bond

95.—(1) An accused shall not be released on bail or on personal
bond if —
(a) he is charged for an offence punishable with death or
imprisonment for life;
(b) having been previously released on bail or personal bond in
any criminal proceedings, he had not surrendered to custody
or made himself available for investigations or attended
court, and the court believes that in view of this failure, he
would not surrender to custody, or make himself available
for investigations or attend court if released; or
(c) he has been arrested or taken into custody under a warrant
issued under section 10, 24 or 34 of the Extradition Act
(Cap. 103) or endorsed under section 33 of that Act.
[2/2012]

(2) Notwithstanding 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; or
(b) release on bail an accused charged with an offence referred
to 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.
[2/2012]

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(3) In this section, ‘‘accused’’ includes a ‘‘fugitive’’ as defined in

the Extradition Act.

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.

High Court’s powers to grant or vary bail

97.—(1) Whether there is an appeal against conviction or not,
the High Court may grant bail to any accused before it, release him
on personal bond or vary the amount or conditions of the bail or
personal bond required by a police officer or a Subordinate Court,
and impose such other conditions for the bail or personal bond as
it thinks fit.
(2) At any stage of any proceeding under this Code, the High Court
may cause any person released under this section to be arrested and
may commit him to custody.

Application for bail or release on personal bond in High Court

98.—(1) An application to the High Court for bail or release on
personal bond must, unless otherwise ordered, be supported by an
affidavit stating sufficient facts to enable the court to determine
whether or not such bail or release should be granted.
(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 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.
2012 Ed. Criminal Procedure Code CAP. 68 71

(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 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
on receiving the order.
(3) No person shall 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 an address where he 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 for any other reason, any notice or process left
for him at the address given shall be treated as duly served on him.

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 to custody.

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(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 to provide sufficient sureties.
(3) If the released person fails to provide sufficient sureties, the court
may commit him to custody.

Liability to arrest for absconding or breaking conditions of bail or

personal bond
103.—(1) If a released person under a duty to surrender to custody,
or to make himself available for investigations or to attend court, does
not do so, he may be arrested without a warrant.
(2) If a released person leaves the court at any time after he has
surrendered into its custody or after he has attended court on the day
and at the time appointed for him 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 arrest.
(3) A released person under a duty to surrender to custody, or to
make himself available for investigations or to attend court on the day
and at the time and place appointed for him to do so, may be arrested
without a warrant if —
(a) there are reasonable grounds for believing that he is unlikely
to surrender to custody, or to make himself available for
investigations or to attend court;
(b) there are reasonable grounds for believing that he is likely
to break or has broken any of the conditions of his bail or
personal bond; or
(c) any of his sureties informs the police or court that the person
is unlikely to surrender to custody, or to make himself
available for investigations or to attend court and that
the surety therefore wishes to be relieved of his 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 he —
(a) is unlikely to surrender to custody, or to make himself
available for investigations or to attend court; or
2012 Ed. Criminal Procedure Code CAP. 68 73

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

personal bond,
the court may remand him in custody or grant him bail subject to such
conditions as it thinks fit.

Duties of surety
104.—(1) A surety must —
(a) ensure that the released person surrenders to custody, or
makes himself available for investigations or attends court
on the day and at the time and place appointed for him to
do so;
(b) keep in daily communication with the released person and
lodge a police report within 24 hours of losing contact with
him; and
(c) ensure that the released person is within Singapore unless
the released person has been permitted by the police officer
referred to in section 92 or 93 (as the case may be) or the
court to leave Singapore.
[2/2012]

(2) If the surety is in breach of any of his duties, the court may,
having regard to all the circumstances of the case, forfeit the whole or
any part of the amount of the bond.
(3) The court may order that any amount forfeited under subsection
(2) be paid by instalments.

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.
(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 stood surety and
immediately bring him before a court, and the court must then
discharge the surety’s bond and call on the released person to provide
other sufficient sureties.

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(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 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 him to enter into his own
personal bond and provide security acceptable to the court or officer.

Procedure on forfeiture of bond

107.—(1) If it is proved to a court’s satisfaction that a bond taken
under this Code has been forfeited, the court —
(a) must record the basis of such proof;
(b) may summon before it the person bound by the bond; and
(c) may call on him to pay the amount of the bond or to explain
why he should not pay it.
(2) If his explanation is inadequate and the amount of the bond is
not paid, the court may recover the amount by issuing an order for
the attachment and sale of his property.
(3) If immovable property attached under subsection (2) 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.
(4) If the amount of the bond is not paid or cannot be recovered by
such attachment and sale, the court may commit to prison the person
bound by the bond for a term not exceeding 12 months.
(5) Any unsatisfied amount of the bond shall constitute a judgment
debt in favour of the Government and nothing in this section shall
prevent the Government from recovering it as such.
(6) The court may reduce the amount of the bond and enforce
part-payment only.

Appeal from orders

108. All orders made under section 107 by any Magistrate’s Court
or District Court are appealable.
2012 Ed. Criminal Procedure Code CAP. 68 75

Power to direct levy of amount due on bond

109. The High Court or a District Court may direct any Magistrate’s
Court to exercise the court’s power of forfeiture under section 107
in respect of a bond to appear before the High Court or District Court.

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, he 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 IV, 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, he 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.

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Division 7 — Surrender of travel document and

requirement to remain in Singapore

Surrender of travel document

112.—(1) Notwithstanding 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 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 director of that law
enforcement agency or a person of a similar rank,
may require a person whom he has reasonable grounds for believing
has committed any offence to surrender his travel document.
(2) Any person who fails to surrender his 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 travel document, the Magistrate may commit him to prison until
he surrenders his travel document.
(4) For the purposes of subsection (3), a certificate signed by
an authorised officer, or the head or director of any law enforcement
agency or a person of a similar rank, or the head or 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 travel document is sufficient warrant
for the Director of Prisons to release the prisoner.
(5) In this section and section 113 —
‘‘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 referred
to 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.
2012 Ed. Criminal Procedure Code CAP. 68 77

Return of travel document

113.—(1) A person who has surrendered his travel document under
section 112 may apply to the authorised officer, or the head or director
of the law enforcement agency or a person of similar rank, or the head
or 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.
(2) Where an application under subsection (1) has been refused,
the person may apply to a District Judge for the return of his travel
document, stating the reasons for the application.
(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 for his loss of
time.

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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 High Court, by a Judge of that Court or by the Registrar of
the Supreme Court.
(2) The summons shall remain 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 referred to 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 referred to 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 referred to 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.
2012 Ed. Criminal Procedure Code CAP. 68 79

(4) A summons issued against an unincorporated association must,

as far as is reasonably practicable, be served in accordance with the
mode of service referred to in section 3(1)(i)(i) and if service cannot
be effected by that mode, the summons may be served by sending it
by registered post addressed to the unincorporated association at
the address of the unincorporated association.
(5) Notwithstanding subsections (1) to (4), a summons may be
served in any manner referred to 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 like 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 like officer of
a partnership (other than a limited liability partnership) on
whom the summons is to be served; or
(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 with some adult member of his family or
with his employee residing with him.
(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 shall
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, shall
be 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 partnership, partnership
or unincorporated association, as the case may be.
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(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 his 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.
(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 statement in writing 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 like 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 like 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 position
analogous to that of the president, secretary or member of
the committee),
and such statement in writing shall, for the purposes of this section,
be admissible without further proof as prima facie evidence that
the person has been duly appointed as representative.
2012 Ed. Criminal Procedure Code CAP. 68 81

Service for offences punishable with fine only

118. Notwithstanding section 116, a summons for an offence
punishable with a fine only may be served by sending a copy of
the summons by registered post to the last known address of the
person to be summoned.

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 his arrest if —
(a) before or after the issue of the summons but before the time
fixed for his appearance, the court has reason to believe that
he has absconded or will not obey the summons; or
(b) at such time fixed for his appearance, he fails to appear, and
the summons is proved to have been duly served in time to
enable him 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 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.

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(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 shall for the purposes of this Code
be 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 shall be produced as soon as
possible before a Magistrate in Singapore, who shall, if satisfied that
he 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 shall while in such custody,
be 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 for reasons to be recorded by
him he is satisfied 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 his 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), he shall attend at the appropriate court at the time
specified in the summons, unless he can satisfy the court that he
cannot reasonably do so.

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 that person appears to have committed.
(2) The court may proceed against that person as though he had
been arrested or summoned.
(3) When the court proceeds against a person under this section
during the course of a trial or a committal hearing, it must begin the
proceeding against the person separately.
2012 Ed. Criminal Procedure Code CAP. 68 83

PART VII
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 he 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 shall be stated in
the 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 (Cap. 224); that he did not come within any of the general
exceptions in Chapter IV 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 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 IV 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, that A committed
murder or cheating or theft or extortion or criminal intimidation or that
he used a false property mark, but the charge must refer to the section
under which each offence is punishable.

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(d) A is charged under section 184 of the Penal Code 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.
(7) All charges upon which persons are tried before the High
Court shall be —
(a) in accordance with the prescribed form;
(b) brought in the name of the Public Prosecutor; and
(c) signed by the Public Prosecutor or by some person authorised
by him in that behalf and in the latter case, the words
‘‘By authority of the Public Prosecutor’’ shall be prefixed to
the signature.

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 he is charged with.
(2) If the accused is charged with criminal breach of trust or
dishonest misappropriation of money or other movable property, it
shall be sufficient to specify —
(a) the gross sum in respect of which the offence is alleged to
have been committed; and
(b) the dates between which the offence is alleged to have been
committed, which period shall not exceed 12 months,
without specifying particular items or exact dates, and the charge so
framed shall be deemed to be a charge of one offence.

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 he 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.
2012 Ed. Criminal Procedure Code CAP. 68 85
(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 his
public functions at a given time and place. The charge must state how A
obstructed B in discharging his 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.

Sense of words used in charge to describe offence

126. In every charge, words used to describe an offence shall be
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 shall be regarded at any stage of the case as material unless
the accused was in fact misled by that error or omission.
Illustrations
(a) A is charged under section 242 of the Penal Code (Cap. 224) with
‘‘having been in possession of a counterfeit coin having known at
the time when he became possessed of it that the coin was counterfeit’’,
but the word ‘‘fraudulently’’ is omitted from the charge. Only if A was
actually misled by this omission may the error be regarded as material.
(b) A is charged with cheating B. How he cheated B is not stated in the
charge or is stated incorrectly. A defends himself, calls witnesses and
gives his 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 he 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 him 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 his 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.

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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
his plea and to state whether he is ready to be tried on this altered or
new charge.
(2) If the accused declares that he is not ready, the court must duly
consider any reason he 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 shall be 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
2012 Ed. Criminal Procedure Code CAP. 68 87

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.
(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, he does not need to be separately tried if he
pleads guilty to both charges or if he 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, he 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
he 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
(Cap. 224).

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(b) A has in his possession several seals that he knows to be counterfeit and
intends to use them to commit forgeries punishable under section 466 of
the Penal Code. A may be separately charged with the possession of each
seal under section 473 of the Penal Code.
(c) Intending to cause injury to B, A begins a criminal proceeding against
him 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 lawful basis for the charge. A may be separately charged with
2 offences under section 211 of the Penal Code.
(d) Intending to cause injury to B, A falsely accuses him 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.
(e) A, with 6 others, commits the offences of rioting, causing grievous hurt
and assaulting a public servant trying to suppress the riot in the discharge
of his duty. A may be separately charged with offences under sections
145, 325 and 152 of the Penal Code.
(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.
(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.

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 (Cap. 224).
(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.
(c) A exposes her child with the knowledge that by doing so she 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.
2012 Ed. Criminal Procedure Code CAP. 68 89
(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. A may be
separately charged with offences under sections 471 (read with section 466)
and 196 of the Penal Code.

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 him. A may be separately
charged with offences under sections 323, 392 and 394 of the Penal Code and
he 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 shall affect 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 he 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. He may be charged with theft,
receiving stolen property, criminal breach of trust and cheating, or he 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 he saw B hit C
with a club. Before 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.

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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 he committed
a different offence for which he might have been charged under that
section, he may be convicted of the offence that he is shown to have
committed although he was not charged with it.
Illustration
A is charged with theft. In evidence it appears that he committed the
offence of criminal breach of trust or of receiving stolen goods. He may be
convicted of criminal breach of trust or of receiving stolen goods, as the case
may be, although he was not charged with that offence.

Conviction of attempt or abetment

140. When the accused is charged with an offence, he 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, he may be convicted of the
lesser offence although he 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, he may be convicted of the lesser
offence although he is not charged with it.
Illustrations
(a) A is charged under section 407 of the Penal Code (Cap. 224) with criminal
breach of trust in respect of property entrusted to him as a carrier. It
appears that he did commit criminal breach of trust under section 406 of
the Penal Code in respect of the property, but that it was not entrusted to
him as a carrier. He may be convicted of criminal breach of trust under
section 406 of the Penal Code.
(b) A is charged under section 325 of the Penal Code with causing grievous
hurt. He proves that he acted on grave and sudden provocation. He may
be convicted under section 335 of the Penal Code.
2012 Ed. Criminal Procedure Code CAP. 68 91

Where court finds offence referred to in section 10 proved

142. Where the court makes a finding under section 139 or 141 that
any offence referred to 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 (Cap. 224), 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 XII of
the Penal Code relating to a counterfeit coin, and a person
accused of any other offence under that Chapter relating to
the same coin;
(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.

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(c) A and B are both charged with a theft and B is charged with 2 other
thefts he 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.

Joint trials for connected offences

144. Notwithstanding section 143, a person may be separately
charged and tried together with any other person accused of another
offence under the same written law, if both offences arise from the same
series of acts, whether or not they form the same transaction.
Illustrations
(a) A agrees to let B keep his 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 43(1)(a) and 46(1)(a) of the Corruption, Drug
Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
(Cap. 65A) 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 offences under section 5(1)(a) of the Misuse of Drugs Act
(Cap. 185) as the offences arise from the same series of acts.
(c) A has in his possession a secret official code word which has been entrusted
in confidence to him 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 he has
no right to retain it. A and B may be separately charged and tried together
for offences under sections 5(1)(d)(iv) and 6(2)(a) of the Official Secrets
Act (Cap. 213) 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) of the Prevention of Corruption Act
(Cap. 241) respectively 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.
2012 Ed. Criminal Procedure Code CAP. 68 93

Joint trials with consent

145.—(1) A court may try offences together at one trial or order
a joint trial notwithstanding that it cannot do so by virtue of
section 133, 134, 135, 136, 138, 143 or 144, if —
(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;
(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) Notwithstanding subsection (1), the court shall 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. Notwithstanding 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 his defence because —
(a) he 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) he 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 he 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 he 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.

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(2) Such withdrawal shall have 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 referred to 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 High Court may, under subsection (1), take into
consideration any outstanding offences an accused admits to have
committed when passing sentence, notwithstanding that no committal
hearing under Division 2 of Part X or no transmission proceedings
under Division 5 of Part X have been held in respect of those
outstanding offences.
(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 his conviction
for the original offence under subsection (1) is set aside, be charged or
tried for any such 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 he is dead.
2012 Ed. Criminal Procedure Code CAP. 68 95

PART VIII
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.
(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,
issue a summons to compel the attendance before him
of any person who may be able to help him 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 (Cap. 49A); or
(iv) postpone consideration of the matter to enable
the complainant and the person complained against
to try to resolve the complaint amicably.

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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 decides that there is insufficient reason
to proceed.
(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 (Cap. 49A) 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 such failure
or refusal.
(3) If the Magistrate dismisses the complaint, he must record his
reasons.

Issue of summons or warrant

153.—(1) A Magistrate must issue a summons for the attendance
of an accused if —
(a) he 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) he 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) he 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.
(2) In determining whether there is sufficient reason to proceed
under subsection (1)(a), the Magistrate shall 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 (Cap. 49A) or when a police
2012 Ed. Criminal Procedure Code CAP. 68 97

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
such 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, he may do so or, if he 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 such 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 him 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 his 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.
(3) In the case where the accused pleads guilty by letter, the court
may record a plea of guilty, convict him according to law, and sentence
him to a fine with or without a sentence of imprisonment if he fails to
pay the fine.
(4) If the accused pleads guilty by letter, he must state in the letter
a postal address.
(5) Notwithstanding 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.

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(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 his 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 plea of guilty and claim
trial when he appears pursuant to subsection (8), then the court must,
notwithstanding any order of conviction made in his absence, permit
him to withdraw his plea and then hear and determine the case, and
if the court convicts him, pass sentence according to law.
(10) Nothing in this section shall affect the powers of the court
conferred by section 156.

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 his defence, discharge the accused if the complainant
is absent.

Absence of accused
156. If —
(a) an accused does not appear at the time and place mentioned
in the summons or notice to attend court and it appears to
the court on oath that the summons or notice was duly
served a reasonable time before the time appointed in it for
appearing; and
(b) no sufficient ground is shown for an adjournment,
the court may either proceed ex parte to hear and determine the
complaint or may postpone the hearing to a future day.
2012 Ed. Criminal Procedure Code CAP. 68 99

PART IX
PRE-TRIAL PROCEDURES IN
THE SUBORDINATE COURTS
Division 1 — General matters

Interpretation of this Part

157. In this Part —
‘‘Case for the Defence’’ means the document by that name
referred to in section 165;
‘‘Case for the Prosecution’’ means the document by that name
referred to 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 him;
(b) the accused must be asked whether he 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; and
(c) if the accused, after he has been asked to plead —
(i) pleads guilty to the charge, Division 3 of Part XI
applies;
(ii) refuses to plead or does not plead or claims trial to
the charge, and the case is subject to the criminal
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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 shall 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 shall not apply if
the accused, 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 he does not wish to have
the criminal case disclosure procedures apply.
(3) For any offence other than an offence referred to in subsection
(1), the criminal case disclosure procedures shall 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 accused shall attend a criminal
case disclosure conference as directed by a court in accordance with
this Division 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 the case to be admitted at the trial; and
(e) the trial date.
2012 Ed. Criminal Procedure Code CAP. 68 101

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

case disclosure conference must not make any order in relation to
any matter referred to 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 an accused informs the court during any criminal case
disclosure conference conducted under this Division that he intends
to plead guilty to the charge, the court must fix a date for his plea to
be taken in accordance with Division 3 of Part XI.

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 he 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 accused does not indicate that he
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 date of
the first criminal case disclosure conference or such date to which
the first criminal case disclosure conference is adjourned.
(3) Where at a criminal case disclosure conference, the accused
indicates that he wishes to claim trial to more than one charge, the
Case for the Prosecution to be served under subsection (2) shall only
relate to those charges that the prosecution intends to proceed with at
the trial.
(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.

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Contents of Case for the Prosecution

162. 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; and
(e) any 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.
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 his 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 statements, X, Y and Z
were recorded from him 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.

When Case for the Defence is served

163.—(1) At the further criminal case disclosure conference held on
the date referred to 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 does not indicate that he wishes to plead
guilty, the defence must file in court the Case for the Defence and serve
a copy thereof on the prosecution and on every co-accused who is
claiming trial with him, if any, not later than 2 weeks from the date of
the further criminal case disclosure conference or such date to which
the further criminal case disclosure conference is adjourned.
2012 Ed. Criminal Procedure Code CAP. 68 103

(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 accused copies of the statements, exhibits and records referred
to in section 166(1).

Court to explain to unrepresented accused certain requirements and

consequences
164. At the further criminal case disclosure conference held on
the date referred to 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 him, 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 general exception in Chapter IV
of the Penal Code (Cap. 224) applied in this case).

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Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of his
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 he intends to challenge and the facts that he intends to rely on to
support his challenge.

(2) Notwithstanding 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 from the date
of service, serve on the accused copies of —
(a) all other statements 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;
(b) the documentary exhibits referred to in section 162(d); and
(c) criminal records, if any, of the accused, upon payment of
the prescribed fee.
(2) Where the Case for the Defence has not been served on the
prosecution, the prosecution —
(a) need not serve on the defence any of the statements, exhibits
or records referred to in subsection (1); and
(b) may use any such statements, exhibits or records at the trial.

Fixing dates for trial

167. If, at the further criminal case disclosure conference held on
the date referred to in section 163(2), the accused does not indicate
that he wishes to plead guilty, the court may fix a date for trial.

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:
2012 Ed. Criminal Procedure Code CAP. 68 105

(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 his 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 accused or the defence fails to serve the Case for the
Defence after the Case for the Prosecution has been served
on the accused;
(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; 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.
(2) If the prosecution fails to serve the Case for the Prosecution
in respect of any charge which the prosecution intends to proceed
with at trial within the time permitted under section 161 or the Case
for the Prosecution does not contain any or any part of the items
specified in section 162, a court may order a discharge not amounting
to an acquittal in relation to the charge.

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 he 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 XII at a later date.
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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.

PART X
PRE-TRIAL PROCEDURES IN HIGH COURT
Division 1 — General matters

Interpretation of this Part

172. In this Part —
‘‘Case for the Defence’’ means the document by that name
referred to in sections 195 and 217;
‘‘Case for the Prosecution’’ means the document by that name
referred to in sections 176(4) and 214;
‘‘co-accused’’ means any person who is to be tried jointly with
an accused in the High Court.

When accused first produced in court

173. In a case that is triable only in the High Court, the accused shall
be first produced before a Magistrate’s Court and the charge shall be
explained to him but he shall not be called upon to plead thereto.

Remand of accused
174. Any such person produced under section 173 may be remanded
in accordance with section 238.
[2/2012]

Procedure for cases to be tried in High Court

175.—(1) Before a case is to be tried in the High Court, the
committal procedures under Division 2 or the transmission procedures
under Division 5 shall apply in accordance with this section.
(2) Subject to subsections (3), (4) and (5), the committal procedures
under Division 2 shall be held for the purpose of committing an accused
to stand trial in the High Court where the accused is to be tried in
the High Court for an offence.
2012 Ed. Criminal Procedure Code CAP. 68 107

(3) The transmission procedures under Division 5 shall apply to

any offence specified in the Third Schedule which is to be tried in
the High Court.
(4) Where an accused may be tried at the same trial in the High
Court for an offence specified in the Third Schedule, together with
an offence which is not specified in the Third Schedule and is not
punishable with death, the transmission procedures under Division 5
shall apply to both offences.
(5) Where an accused may be tried at the same trial in the High
Court for an offence specified in the Third Schedule, together with
an offence which is not specified in the Third Schedule and is
punishable with death, the transmission procedures under Division 5
shall apply to the offence specified in the Third Schedule and the
committal procedures under Division 2 shall apply to the other offence.

Division 2 — Committal procedures for

cases triable by High Court

Committal hearing
176.—(1) The prosecution and the accused shall attend a criminal
case disclosure conference as directed by a court for the purpose of
settling the following matters:
(a) the charge that the prosecution intends to proceed with;
(b) whether the accused intends to plead guilty or claim trial to
the charge; and
(c) the date for the holding of a committal hearing.
(2) If the accused intends to plead guilty to an offence other than
an offence punishable with death, the court shall fix a date for
a committal hearing to be conducted in accordance with section 178(1).
(3) If the accused intends to plead guilty to an offence punishable
with death, or intends to claim trial —
(a) the court shall fix a date for a committal hearing; and
(b) 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 less than 7 days before the date fixed for the
committal hearing.

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(4) The Case for the Prosecution filed under subsection (3)(b) must
contain the following:
(a) 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 witnesses which are intended by the
prosecution to be admitted under section 179(1); and
(e) any 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.

Examining Magistrate to conduct committal hearing

177.—(1) A committal hearing under this Division shall be held
before a Magistrate (referred to as the examining Magistrate).
(2) Whenever from any cause an examining Magistrate conducting
a committal hearing is unable to conveniently complete the proceedings
of the hearing himself, another examining Magistrate may complete the
hearing and proceed as if he had heard and recorded all the evidence
himself.

Committal hearing where accused wishes to plead guilty

178.—(1) Subject to subsection (2), where an accused who is brought
before an examining Magistrate states that he wishes to plead guilty to
the charge preferred against him, the Magistrate shall record the facts
of the case presented by the prosecution and if the facts disclose
sufficient grounds for committing the accused, he shall satisfy himself
that the accused understands the nature of the charge and intends to
admit without qualification the offence alleged against him and, on
being so satisfied, shall commit the accused for trial for the offence.
(2) Where the accused wishes to plead guilty to an offence
punishable with death, the examining Magistrate shall proceed to hear
all the evidence tendered by the prosecution and the defence, which
shall consist of the written statements referred to in section 179, and
satisfy himself that the statements disclose sufficient evidence for him
to commit the accused for trial for the offence.
2012 Ed. Criminal Procedure Code CAP. 68 109

(3) After an accused has been committed for trial for any offence
under this section, the Registrar of the Supreme Court may at any
time fix a date for the plea of guilty by the accused to be taken
in accordance with Division 3 of Part XI.

Use of written statements

179.—(1) Notwithstanding anything in this Code or in any other
written law, in a committal hearing conducted under this Division,
a written statement made by any person is admissible as evidence to
the same extent and to the same effect as oral evidence 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 his knowledge and belief and
that he made the statement knowing that, if it were given in
evidence, he would be liable to prosecution if he stated in it
anything he knew to be false or did not believe to be true; and
(c) before 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 committal hearing
not less than 7 days before the date of the committal hearing.
(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 the age of 21 years,
it must state his age;
(b) if it is made by a person who cannot read it, it must be read
to him before he signs it and must be accompanied by
a declaration by the person who read the statement to him,
stating that it was so read; and
(c) if it refers to any other document as an exhibit, the copy of the
written statement served on any other party to the committal
hearing under subsection (1)(c) 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
make a copy of it.
(3) Where a written statement made by any person is admitted in
evidence under this section, the examining Magistrate may, of his own
motion or on the application of any party to the committal hearing,
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require the person to attend before the examining Magistrate and

give evidence.
(4) So much of any statement as is admitted in evidence under
this section must, unless the examining Magistrate otherwise directs,
be read aloud at the hearing and where the examining Magistrate so
directs, an account shall be given orally of so much of any statement
as is not read aloud.
(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.
(6) Section 297 shall apply to any written statement tendered in
evidence at a committal hearing under this section, as it applies to
a deposition taken in the committal hearing.

When accused to be discharged

180.—(1) When the written statements and all the other evidence,
if any, in support of the prosecution have been received in evidence,
the examining Magistrate shall, if he finds that there are insufficient
grounds for committing the accused for trial, discharge him.
(2) Nothing in this section shall be deemed to prevent an examining
Magistrate from discharging the accused at any previous stage of
the case if for reasons to be recorded by the examining Magistrate,
he considers the charge to be groundless.
(3) When the examining Magistrate is of the opinion that there
are peculiar difficulties or circumstances connected with the case or
whenever he is so directed by the Public Prosecutor, he shall remand
the accused or admit him to bail and shall forthwith forward the
evidence before the court to the Public Prosecutor in order that he
may give such instructions as to him appear requisite.

When charge to be framed

181. If after taking the written statements and all the other evidence,
if any, in support of the prosecution, the examining Magistrate is of
the opinion that, on the evidence as it stands, the accused should be
committed for trial on the charge that the prosecution tenders to
the examining Magistrate, the charge shall be read and explained to
2012 Ed. Criminal Procedure Code CAP. 68 111

the accused and the examining Magistrate shall say to him these words
or words to the like effect:
‘‘Having heard the evidence, do you wish to say anything in answer
to the charge? You have nothing to hope from any promise of
favour and nothing to fear from any threat which may have been
held out to you to induce you to make any confession of your guilt.
You are not bound to say anything unless you desire to do so but
whatever you say will be taken down in writing and may be given
in evidence at your trial.’’.

Committal when defence reserved

182. If the accused elects to reserve his defence, he shall forthwith
be committed for trial before the High Court.

Defence of accused
183.—(1) If the accused elects to make his defence before the
examining Magistrate instead of making a written statement under
section 179, the statement made by the accused, if any, shall be
taken down in writing and read over to him and shall be signed by
the examining Magistrate and kept with the written statements made
under section 179 and depositions, if any, and forwarded with them
as hereinafter mentioned.
(2) The evidence of the accused if he tenders himself as a witness
in his own behalf in lieu of making a statement under subsection (1)
or section 179 and of any witnesses whom he may desire to call shall
then be taken.
(3) Notwithstanding anything in the Evidence Act (Cap. 97), the
accused shall be a competent witness in his own behalf in a committal
hearing under this Division.

Addresses
184. In a committal hearing under this Division, the accused or
his advocate may at the end of the prosecution case and, if the accused
has elected to make his defence, at the end of the defence case, address
the examining Magistrate on a submission that there is insufficient
evidence to put the accused on trial for the offence of which he is
charged, and the person conducting the prosecution shall have the right
of reply.

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Discharge or committal after defence

185. When sections 183 and 184 have been complied with, the
examining Magistrate shall —
(a) if he finds that there are insufficient grounds for committing
the accused for trial, discharge the accused; or
(b) if he finds that there are sufficient grounds for committing
the accused for trial, commit the accused for trial before
the High Court.

Bonds of witnesses
186.—(1) Witnesses for the prosecution and the defence whose
attendance before the High Court is necessary and who have appeared
before the examining Magistrate pursuant to section 179(3) or whose
written statements have been admitted by the examining Magistrate
under that section shall execute bonds binding themselves to be in
attendance when called upon at the High Court to give evidence.
(2) If any witness refuses to execute such bond, the examining
Magistrate may commit him to prison until the trial or until he gives
satisfactory security that he will give evidence at the trial.

Attendance at trial of person making report

187.—(1) Where any report under section 20 of the Coroners Act
2010 (Act 14 of 2010) or any document under section 263(1) has been
used as evidence in a committal hearing, the examining Magistrate
shall then inform the accused that he has the right to require the
attendance of the person under whose hand the report or document
is made as a witness at the trial, and that he may, to this end, give
notice at any time before the trial to the Registrar of the Supreme
Court, or to the officer in charge of the prison in which he is kept, of
his wish that that person be required to attend at the trial.
(2) On receiving any such notice from the accused, the officer in
charge of the prison shall notify the Registrar of the Supreme Court.
(3) The Registrar of the Supreme Court on receipt of such notice
from the accused or from the officer in charge of the prison shall
forthwith issue a summons to compel the attendance of that person at
the trial.
2012 Ed. Criminal Procedure Code CAP. 68 113

(4) Nothing in this section shall render such report or document

inadmissible in evidence when the person who made it is dead or
cannot be found or is incapable of giving evidence, or if his presence
cannot be obtained without an amount of delay or expense which
under the circumstances of the case the court considers unreasonable.
(5) At any committal hearing, any report made under section 20 of
the Coroners Act 2010 shall be admissible as evidence, and shall be
prima facie evidence of the facts stated therein.

Procedure after committal of accused for trial

188.—(1) When the accused is committed for trial, the examining
Magistrate shall send a copy of the record of the committal hearing to
the Public Prosecutor and to the accused and, when the Magistrate
receives an order from the Public Prosecutor to do so, forward
the original record and any document, weapon or other thing which
is to be produced in evidence to the Registrar of the Supreme Court.
(2) Any such thing which from its bulk or otherwise cannot
conveniently be forwarded to the Registrar of the Supreme Court
may remain in the custody of the police or any other law enforcement
agency.
(3) A list of all exhibits with a note of their distinguishing marks and
showing which of those exhibits are forwarded with the record and
which remain in the custody of the police or any other law enforcement
agency shall be forwarded to the Registrar of the Supreme Court with
the record.
(4) The record shall comprise the following particulars:
(a) the serial number;
(b) the date of the commission of the offence;
(c) the date of the complaint, if any;
(d) the name and residence of the complainant, if any;
(e) the name, residence, if known, and nationality of the
accused;
(f) the offence complained of and the offence, if any, proved
and the value of the property, if any, in respect of which
the offence has been committed;
(g) the date of the summons or warrant and of the return day
of the summons, if any, or on which the accused was first
arrested;
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(h) the date on which the accused first appeared or was brought
before the Magistrate’s Court;
(i) the date of the making of each adjournment or postponement,
if any, and the date to which the adjournment or
postponement was made and the grounds of making the same;
(j) the date on which the proceedings terminated;
(k) the order made;
(l) the written statements referred to in section 179;
(m) the depositions;
(n) the statement or evidence of the accused under section 183,
if any; and
(o) the charge.

Custody of accused pending trial

189.—(1) The Magistrate’s Court shall, subject to the provisions of
this Code regarding the taking of bail, commit the accused by warrant
to custody until and during the trial.
(2) This section shall not apply where the accused is a corporation.

Restrictions on reports of committal hearing

190.—(1) Except as provided by subsections (2) and (3), it shall not
be lawful to publish a report of any committal hearing containing any
matter other than that permitted by subsection (4).
(2) A Magistrate’s Court shall, on an application for the purpose
made with reference to any committal hearing by the accused person or
one of the accused persons, as the case may be, order that subsection
(1) shall not apply to reports of those proceedings.
(3) It shall not be unlawful under this section to publish a report of
any committal hearing containing any matter other than that permitted
by subsection (4) —
(a) where the examining Magistrate determines not to commit
the accused person or persons for trial, after he so determines;
and
(b) where an examining Magistrate commits the accused person
or any of the accused persons for trial, after the conclusion
of his trial or, as the case may be, the trial of the last to
be tried.
2012 Ed. Criminal Procedure Code CAP. 68 115

(4) The following matters may be contained in a report of

a committal hearing published without an order under subsection (2)
before the time authorised by subsection (3):
(a) the identity of the court and the name of the examining
Magistrate;
(b) the names, and occupations of the parties and the ages of
the accused person or persons;
(c) the offence or offences, or a summary of them, with which
the accused person or persons is or are charged;
(d) the names of advocates engaged in the proceedings;
(e) any decision of the court to commit the accused person or
any of the accused persons for trial, and any decision of
the court on the disposal of the case of any accused person
not committed;
(f) where the court commits the accused person or any of the
accused persons for trial, the charge or charges, or a summary
of them, on which he is committed;
(g) where the committal hearing is adjourned, the date to which
it is adjourned;
(h) any arrangements as to bail on committal or adjournment.
(5) 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;
(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.
(6) Proceedings for an offence under this section shall not be
instituted otherwise than by or with the consent of the Public
Prosecutor.
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(7) Subsection (1) shall be 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 a Magistrate’s Court and any other court.
(8) In this section —
‘‘broadcast’’ means any transmission of signs or signals for
general reception, using wireless telecommunications or any
other means of delivery, 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.

Certain provisions to prevail

191. If a conflict arises between sections 176 to 190 and any other
provisions of this Code or of any other written law, sections 176 to 190
shall prevail.

Procedure after case has been committed to High Court

192.—(1) After the accused has been committed to stand trial in
the High Court (not being a committal for trial under section 178),
the Registrar of the Supreme Court shall hold a criminal case disclosure
conference not earlier than 7 days from the date the record of
the committal hearing has been served on the parties under section 188.
(2) The accused and the prosecution shall attend a criminal case
disclosure conference as directed by the Registrar of the Supreme
Court in accordance with this Division for the purpose of settling
the following matters:
(a) the filing of 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 the parties to
the case intend to adduce at the trial; and
(e) the trial date.
2012 Ed. Criminal Procedure Code CAP. 68 117

(3) The court must not make any order in relation to any matter
referred to in subsection (2) in the absence of any party if the order
is prejudicial to that party.

When Case for the Defence is served

193.—(1) If, at the criminal case disclosure conference held on
the date referred to in section 192(1), or on such other date to which
the criminal case disclosure conference is adjourned under section 238,
the accused does not indicate that he wishes to plead guilty, the defence
may file in court the Case for the Defence and serve a copy on the
prosecution and on every co-accused who is claiming trial with him, if
any, not later than 2 weeks from the date of the criminal case disclosure
conference.
(2) If the accused indicates that he does not wish to file the Case
for the Defence, the Registrar of the Supreme Court may fix a date
for trial in the High Court.
(3) 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 subsection (1) and
after the prosecution is to serve on the defence copies of the statements
and records referred to in section 196(1).

Court to explain to unrepresented accused certain matters

194. If, at the criminal case disclosure conference held on the date
referred to in section 192(1), the accused is not represented by
an advocate, the Registrar of the Supreme Court must explain to him,
in accordance with the prescribed form, what he may do under
section 193(1), the effect of section 196 and the consequences
provided under section 209.

Contents of Case for the Defence

195.—(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 witnesses for the defence;
(c) a list of the exhibits that are intended by the defence to
be admitted at the trial; and

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(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 adduced;
and
(iii) the points of law in support of such objection.
Illustration 1
A is charged with murder. The summary should state the nature of the
defence, the facts on which it is based (for example, that the victim attacked A
with a knife first) and any issue of law (for example, that exceptions 2 (private
defence) and 4 (sudden fight) to section 300 of the Penal Code (Cap. 224)
apply).

Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of
his 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 he intends to challenge and the facts that he intends to rely
on to support his challenge.
(2) Notwithstanding 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

196.—(1) After the Case for the Defence has been served on
the prosecution, the prosecution must, within 2 weeks from the date
of service, serve on the accused or his advocate copies of —
(a) all other statements 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; and
(b) criminal records, if any, of the accused, upon payment of
the prescribed fee.
(2) Where the Case for the Defence has not been served on
the prosecution, the prosecution —
(a) need not serve on the defence any statement or record
referred to in subsection (1); and
2012 Ed. Criminal Procedure Code CAP. 68 119

(b) may use any such statement or record at the trial.

Fixing dates for trial

197. If, at the further criminal case disclosure conference referred to
in section 193(3), the accused does not indicate that he wishes to plead
guilty, the Registrar of the Supreme Court may fix a date for trial.

If co-accused charged subsequently

198. 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 or the record of the committal hearing
referred to in section 188(1) in relation to the accused;
(b) order the accused to serve on the co-accused his Case for
the Defence, if any.

Division 3 — Supplementary provisions to

committal procedures

Persons to be deemed to have been brought before High Court in due

course of law
199. All persons appearing before the High Court (under
a commitment for trial or in pursuance of bail so to appear) against
whom charges are preferred by or at the instance of the Public
Prosecutor shall, unless the contrary is shown, be deemed to have
been brought before the Court in due course of law, and, subject to
this Code, shall be tried upon the charges so preferred.

When Public Prosecutor may direct that accused be discharged

200.—(1) When a copy of the record of any committal hearing
before a Magistrate’s Court has been transmitted to the Public
Prosecutor as required by section 188, the Public Prosecutor, if
he is of the opinion that no further proceedings should be taken in
the case, may make an order in writing, signed by himself, directing
the accused to be discharged from the matter of the charge and, if
the accused is in custody, from further detention upon the charge.
(2) The Public Prosecutor shall send such order to the Magistrate’s
Court by which the accused was committed or held to bail and
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thereupon that Court shall cause the accused to be brought before it

and discharged and shall record the order and the discharge made
on it upon the proceedings.
(3) The powers given to the Public Prosecutor by this section shall
be exercised only by him.

Public Prosecutor may by fiat designate court of trial when criminal

offence disclosed
201.—(1) Whenever the Public Prosecutor is of the opinion that
a criminal offence is disclosed by the record and that further
proceedings should be taken against the accused and that the evidence
taken is sufficient to afford a foundation for a full and proper trial,
he shall, by his fiat in writing signed by himself, designate the court,
whether the High Court, a District Court or a Magistrate’s Court,
before which the case shall be placed for trial and shall order the record
of the case to be transmitted to the court so designated.
(2) Such fiat shall be filed with and form part of the record of
the case.

Procedure when court designated is High Court

202.—(1) If the court so designated is the High Court, the Public
Prosecutor shall, with his fiat, send to the Magistrate’s Court a signed
charge as required by section 123(7) which shall be annexed to and
form part of the record.
(2) The Magistrate’s Court shall forthwith serve a copy of that
charge on the accused.

Procedure when court designated is not High Court

203.—(1) If the court so designated is other than the High Court,
the accused and his sureties shall, if he is at large on bail, be served
with a copy of the fiat and thereupon the bail of the accused shall be
taken to refer to the court named in the fiat in the same manner as if
that court had been the High Court.
(2) If the accused is detained in prison, the court shall cause a copy
of the fiat to be left with the officer in charge of the prison who
shall make and deliver a copy of it to the accused and shall produce
the prisoner for trial accordingly.
2012 Ed. Criminal Procedure Code CAP. 68 121

(3) Any fiat made under this section shall be subject to any order
made by the High Court under section 239.

Witnesses to be notified of change of court

204.—(1) If the court designated by the fiat of the Public Prosecutor
for the trial of the accused is a court other than the High Court, that
court shall cause notices to that effect to be served on the witnesses
who have been bound over to appear and give evidence.
(2) Thereupon the bail bond given by or for those witnesses shall be
taken to refer to the court and time named in the notice in the same
manner as if they had been bound over to appear and give evidence at
that court and time, and the witnesses shall be legally bound to attend
at the time appointed by that court for the trial of the case.

Public Prosecutor may issue subsequent fiat

205. If the Public Prosecutor has by his fiat designated the High
Court for the trial of the accused, he may nevertheless by subsequent
fiat addressed to the High Court designate some other court for
the trial, and sections 201(2), 203 and 204 shall then take effect as if
the previous fiat had not been issued.

Public Prosecutor may alter or redraw charge

206. Before ordering the record of the committal hearing to be
forwarded to the court of trial, the Public Prosecutor shall, if it appears
to him necessary or expedient to do so, alter or redraw the charge or
frame an additional charge or additional charges against the accused
having regard to the regulations made under this Code as to the form
of charges.

Public Prosecutor may order proceedings before Magistrate’s Court

to be transmitted to him
207. Every Magistrate’s Court shall, whenever required to do so by
the Public Prosecutor, immediately transmit to the Public Prosecutor
the proceedings in any case in which a committal hearing has been or
is being held before the Court and thereupon the hearing shall be
suspended in the like manner as upon an adjournment of it.

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Public Prosecutor may thereupon give instructions to Magistrate

208.—(1) The Public Prosecutor, upon the proceedings in any case
being transmitted to him under section 207, may give such instructions
with regard to the committal hearing to which those proceedings relate
as he considers requisite, and thereupon the Magistrate shall carry into
effect, subject to this Code, those instructions and shall conduct and
conclude the committal hearing in accordance with the terms of those
instructions.
(2) The powers given to the Public Prosecutor by section 207 and
this section shall be exercised only by him.

Division 4 — Non-compliance with certain

requirements in Division 2

Consequences of non-compliance with certain requirements in

Division 2
209. 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 176(4) or 195(1), respectively; 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.

Division 5 — Transmission proceedings

Transmission of case to High Court

210.—(1) Whenever the Public Prosecutor is of the opinion that
there is sufficient evidence to afford a foundation for a full and proper
trial, he shall, by fiat in writing signed by himself, designate the High
Court to try —
(a) an offence specified in the Third Schedule; or
(b) the offences referred to in section 175(4) for which an accused
may be tried at the same trial in the High Court.
(2) Upon receipt of the fiat referred to in subsection (1) together
with the charge, the Magistrate’s Court shall cause the charge to
be read and explained to the accused and thereafter —
2012 Ed. Criminal Procedure Code CAP. 68 123

(a) transmit the case to the High Court for the purpose of trial;
and
(b) order that the accused shall be remanded in custody until
and during the trial, unless he is released on bail.

Public Prosecutor may issue subsequent fiat

211. If the Public Prosecutor has by his fiat designated the High
Court for the trial of the accused, he may nevertheless by subsequent
fiat addressed to the High Court designate a District Court or
a Magistrate’s Court for the trial.

Procedure after case has been transmitted to High Court

212.—(1) After the case has been transmitted to the High Court,
the accused and the prosecution shall, 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 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; and
(e) the trial date.
(2) The Registrar of the Supreme Court must not make any order
in relation to any matter referred to in subsection (1) in the absence
of any party if the order is prejudicial to that party.
(3) Where an accused informs the Registrar of the Supreme Court
during any criminal case disclosure conference conducted under
this Division that he intends to plead guilty to the charge, the Registrar
must fix a date for his plea to be taken in accordance with Division 3 of
Part XI.

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
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the first criminal case disclosure conference has been adjourned

under section 238, the accused does not indicate that he wishes to
plead guilty to the charge, the prosecution must file in the High Court
the Case for the Prosecution and serve a copy of this on the accused
and every co-accused claiming trial with him, 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.
(2) Where at a criminal case disclosure conference, the accused
indicates that he wishes to claim trial to more than one charge, the Case
for the Prosecution to be served under subsection (1) shall only relate
to those charges that the prosecution intends to proceed with at
the trial.
(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. 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; and
(e) any 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.

When Case for the Defence is served

215.—(1) If, at the further criminal case disclosure conference held
on the date referred to in section 213(3) or on such other date to which
the further criminal case disclosure conference has been adjourned
under section 238 —
2012 Ed. Criminal Procedure Code CAP. 68 125

(a) the accused does not indicate that he wishes to plead guilty,
the defence may file in the High Court the Case for the
Defence and serve a copy on the prosecution and on every
co-accused claiming trial with him, if any, not later than
2 weeks from the date of the further criminal case disclosure
conference; or
(b) the accused indicates that he does not wish to file the Case
for the Defence, the Registrar of the Supreme Court may fix
a date for trial in the High Court.
(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 referred to 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 referred to in section 215(1), the accused is not represented
by an advocate, the Registrar of the Supreme Court must explain to
him, in accordance with the prescribed form, what he 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;
(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.

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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 IV
of the Penal Code (Cap. 224) applied in this case).

Illustration 2
The accused, A, intends to challenge, at the trial, the voluntariness of
his 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 he intends to challenge and the facts that he intends to rely
on to support his challenge.

(2) Notwithstanding 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 from the date of
service, serve on the accused or his advocate copies of —
(a) all other statements 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; and
(b) criminal records, if any, of the accused, upon payment of
the prescribed fee.
(2) Where the Case for the Defence has not been served on
the prosecution, the prosecution —
(a) need not serve on the defence any statement or record
referred to in subsection (1); and
(b) may use any such statement or record at the trial.

Fixing dates for trial

219. If, at the further criminal case disclosure conference held on
the date referred to in section 215(2), the accused does not indicate
2012 Ed. Criminal Procedure Code CAP. 68 127

that he wishes to plead guilty, the Registrar of the Supreme Court

may fix a date for trial.

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 his Case for
the Defence, if any.

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; 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.

PART XI
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 IX or X, or any matter in relation to such criminal
case disclosure conference or pre-trial conference, may be heard by
video-link.

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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 IX or X.
(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 referred to in sections 162,
176(4) and 214;
(b) the Case for the Defence referred to in sections 165(1),
195(1) and 217(1); or
(c) the statements, exhibits or records referred to in section
166(1), 196(1) or 218(1),
shall not be communicated to any other person by the accused, and if
the accused is represented by an advocate, by his advocate as well.
(2) Notwithstanding subsection (1), an accused or his 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 he is satisfied that such
communication is necessary and desirable for the accused to conduct
his defence.
(3) The relevant judge who grants an application under subsection
(2) may impose any condition as he thinks necessary relating to
the communication of the information to any other person.
(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.
2012 Ed. Criminal Procedure Code CAP. 68 129

(5) The ‘‘relevant judge’’ referred to in this section means

a District Judge, Magistrate, the Registrar of the Subordinate Courts
or the Registrar of the Supreme Court, as the case may be, conducting
a criminal case disclosure conference under Part IX or X.

Restrictions on reports of restricted information

225.—(1) It shall not be lawful to publish a report of any information
contained in —
(a) the Case for the Prosecution referred to in sections 162,
176(4) and 214;
(b) the Case for the Defence referred to in sections 165(1),
195(1) and 217(1); or
(c) the statements, exhibits or records referred to in section
166(1), 196(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.
(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;
(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 shall not be
instituted otherwise than by or with the consent of the Public
Prosecutor.
(4) Subsection (1) shall be 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.
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(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.

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 Subordinate 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.
(3) The Registrar of the Subordinate 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.
(4) When the supervising Magistrate is satisfied that the fine fixed
under subsection (2)(b) has been paid, he shall 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
his attendance by —
2012 Ed. Criminal Procedure Code CAP. 68 131

(a) issuing a summons if the case appears to be one in which,

according to the fourth column of the First Schedule,
he 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
a warrant, or if he thinks fit, by issuing a summons causing
the accused to be brought or to appear at a certain time
before him.
(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
referred to 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 referred to in
subsection (2)(a).

Division 3 — Plead guilty procedures

Procedure if accused pleads guilty or retracts plea

227.—(1) If the accused pleads guilty to the charge after it has been
read and explained to him, whether as originally framed or as amended,
his plea must be recorded and he may be convicted on it.

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(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 his 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 his plea;
and
(ii) intends to admit to the offence without qualification.
(3) The High Court shall not record a plea of guilty in a case where
the accused pleads guilty to an offence punishable with death unless
the accused has been committed to stand trial in the High Court
under Division 2 of Part X for the offence, and evidence is led by
the prosecution to prove its case at the trial.
(4) Where —
(a) an accused has been committed for trial under section 178 or
a case has been transmitted for trial in the High Court under
Division 5 of Part X;
(b) a date is fixed for a plea of guilty to be taken from the accused
who has been committed for trial or whose case has been so
transmitted; 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 referred
to in section 212 and the procedure in Division 5 of Part X shall, with
the necessary modifications, apply in relation to the case.
(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
2012 Ed. Criminal Procedure Code CAP. 68 133

(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 referred
to in section 160 and the procedures in Division 2 of Part IX shall,
with the necessary modifications, apply 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
(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.

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PART XII
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 his plea taken;
(b) if the accused pleads guilty to the charge, the court must
follow the procedure set out in Division 3 of Part XI;
(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 his case and state shortly the nature
of the offence with which the accused is charged and
the evidence by which he proposes to prove the guilt of
the accused;
(e) the prosecutor must then examine his 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;
(f) after the prosecutor has concluded his 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 his 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 XI;
(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;
2012 Ed. Criminal Procedure Code CAP. 68 135

(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 his 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) shall be deemed to prevent
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 his defence, the court
must inform the accused that he will be called upon by the
court to give evidence in his own defence and what the effect
will be if, when so called on, he refuses to give evidence on
oath or affirmation; and the court may inform the accused in
the following terms:
‘‘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 two 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?’’;

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(n) after the court has called upon the accused to give his 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 XI; or
(ii) choose to give his defence;
(o) when the accused is called on to begin his defence, he may,
before producing his evidence, open his case by stating
the facts or law on which he intends to rely and make such
comments as he thinks necessary on the evidence for the
prosecution;
(p) if the accused is giving evidence in his own defence, the
evidence shall be taken in the following order:
(i) the accused shall give evidence and then be cross-
examined first by the other co-accused (if any) and
then by the prosecutor after which he may be
re-examined;
(ii) any witness for the defence of the accused shall 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 he may be re-examined;
(iii) where there are other co-accused persons, they and
their witnesses shall 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 his reasonable
expenses incurred in attending the trial be deposited in court
by the defence;
2012 Ed. Criminal Procedure Code CAP. 68 137

(t) at the close of the defence case, the prosecution shall have 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 him;
(u) at the close of the defence case, the accused may sum up his
case;
(v) the prosecution shall have 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 shall, provided
no other charge is pending against him, 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
shall 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 as a witness
or produce an exhibit not disclosed in the Case for the Prosecution or
the Case for the Defence respectively only if it has given prior notice
in writing to the court and the other parties to the trial of his intention
to call that witness or to produce that exhibit.
(2) The notice must state the name of the witness and an outline of
his 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
(b) where an accused has been convicted of any charge but before
he is sentenced for that charge,

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the Public Prosecutor may, if he thinks fit, inform the court that he will
not further prosecute the accused upon the charge, and the proceedings
on the charge against the accused must then be stayed and he shall
be discharged from and of the same.
(2) Except in cases referred to in section 147, a discharge under
subsection (1) shall 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 Subordinate 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.
(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 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.
(5) A discharge under subsection (4) shall have the effect of
an acquittal.
(6) An application under subsection (3) or (4) may be granted by
the court notwithstanding 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 his personal attendance
is dispensed with, in the presence of his advocate.

Trial before a single judge

234. Every trial before the High Court shall be heard and disposed
of before a single judge of the High Court.

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
2012 Ed. Criminal Procedure Code CAP. 68 139

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 a Postal Authority
or public postal licensee 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 or public postal licensee
to deliver that document or thing to such person as the court directs.
(3) If a person is required merely to produce any document or thing,
he 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
(Cap. 97).
(5) Sections 115, 116 and 119 shall apply in relation to a summons
issued under this section.
(6) For the avoidance of doubt, the power of a court under
subsection (1) shall not be exercisable by any court which presides or
is to preside over any criminal case disclosure conference or pre-trial
conference held under Part IX or X, as the case may be.

PART XIII
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.

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(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 predecessor or recorded
partly by his predecessor and partly by himself; 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 making
the application, or he 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.
[2/2012]

(2) Subject to subsection (3), if the accused is not on bail, the court
may by a warrant remand him in custody as it thinks fit.
[2/2012]

(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.
[2/2012]

(4) If the accused is on bail, the court may extend the bail.
[2/2012]

(5) The court must record in writing the reasons for the
postponement or adjournment of the proceedings.
[2/2012]
2012 Ed. Criminal Procedure Code CAP. 68 141

Division 2 — Transfer of cases

High Court’s power to transfer cases

239.—(1) Where in respect of any case it appears to the High Court
that —
(a) a fair and impartial trial cannot be had in any Subordinate
Court;
(b) some question of law of unusual difficulty is likely to arise; or
(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 High Court may order —
(i) that the case be transferred from a Subordinate Court to any
other Subordinate Court of equal or superior jurisdiction; or
(ii) that the case be transferred to and tried before the High Court.
(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 Subordinate Courts in Part IX, and the order may
be granted at any time thereafter before the conclusion of the trial.
(3) The application for the transfer of a case shall be by way of
a motion and Division 5 of Part XX shall apply, 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 High Court may, if it thinks fit, order him
to execute a bond with or without sureties requiring him, if convicted,
to pay the costs of the prosecution.

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 High Court, or if before or during the trial an application is made
by the Public Prosecutor, the Magistrate’s Court shall stay proceedings
and —
(a) transfer the case to a District Court;

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(b) in a case where the committal procedures under Division 2 of

Part X are to be held by virtue of section 175, arrange for
a criminal case disclosure conference to be held in accordance
with section 176, and that Division shall apply in relation to
the case; or
(c) in a case where the transmission procedures under Division
5 of Part X are to be held by virtue of section 175, forward
the case to the Public Prosecutor, and that Division shall
apply in relation to the case.
(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 which the
District Court is not competent to try or one which in the opinion of
that Court ought to be tried by the High Court, or if before or during
the trial an application is made by the Public Prosecutor, the District
Court shall stay proceedings and —
(a) in a case where the committal procedures under Division 2 of
Part X are to be held by virtue of section 175, arrange for
a criminal case disclosure conference to be held in accordance
with section 176 and that Division shall apply in relation to
the case; or
(b) in a case where the transmission procedures under Division 5
of Part X are to be held by virtue of section 175, forward the
case to the Public Prosecutor, and that Division shall apply
in relation to the case.
(3) The Magistrate’s Court and the District Court shall 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, shall 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 shall record its order on the proceedings.
2012 Ed. Criminal Procedure Code CAP. 68 143

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 his behalf.
(2) Notwithstanding 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 shall only be compounded with the consent
of the Public Prosecutor on such conditions as he 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
shall 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 he 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
which shall not exceed —
(a) one half of the amount of the maximum fine that is prescribed
for the offence; or
(b) $5,000,
whichever is the lower.
(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.
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(3) Where investigations have commenced for an offence which is

subsequently compounded under subsection (1), no further proceedings
shall 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 shall have
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 him under this section.
(6) The Minister shall 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 (Cap. 224))
contains an express provision for the composition of offences
thereunder, the person authorised under that provision to compound
such offences shall 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) does not contain
any provision for the composition of offences thereunder, any offence
under that Act or any subsidiary legislation made thereunder 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 shall include
the power —
(a) to prescribe the offences under that Act or any subsidiary
legislation made thereunder as offences that may be
compounded under this section;
(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
shall not exceed —
(i) one half of the amount of the maximum fine that is
prescribed for the offence; or
2012 Ed. Criminal Procedure Code CAP. 68 145

(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 such sum of money, no further proceedings
shall 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 he 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 him in the former trial under section 134.
(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 he 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 he was
convicted.
(4) A person acquitted or convicted of any offence constituted
by certain acts may, notwithstanding the acquittal or conviction, be
charged later with and tried for any other offence constituted by
the same acts which he may have committed if the court that first tried
him was not competent to try the offence with which he is subsequently
charged.

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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, he 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. He 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 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:
‘‘The accused person says that by virtue of Article 11(2) of
the Constitution or section 244 of the Criminal Procedure Code
(Cap. 68) he 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 he is being tried again for
the same offence or on the same facts for any other offence.
2012 Ed. Criminal Procedure Code CAP. 68 147

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 same meaning as in the Mental Health
(Care and Treatment) Act 2008 (Act 21 of 2008);
‘‘principal officer’’, in relation to any psychiatric institution,
has the same meaning as in the Mental Health (Care and
Treatment) Act 2008;
‘‘psychiatric institution’’ has the same meaning as in 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 defence, the
court shall 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 he should 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 his 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 defence, the court shall postpone the inquiry or trial or other
proceeding and shall order that person to be remanded for observation
in a psychiatric institution for a period not exceeding one month.
(4) The principal officer must keep the accused under observation
and provide any necessary treatment during his remand and, before
the expiry of that period, shall certify in writing to the court his opinion
as to the person’s state of mind and if he is unable within that period
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to form any conclusion, shall so certify to the court and shall ask for
a further remand, which may extend to a period of 2 months.

Certificate of principal officer

248.—(1) If the principal officer certifies that the accused is of sound
mind and capable of making his defence, the court shall, unless satisfied
to the contrary, proceed with the inquiry or trial or other proceeding.
(2) If the principal officer certifies that that person is of unsound
mind and incapable of making his defence, the court shall, unless
satisfied to the contrary, find accordingly, and thereupon the inquiry
or trial or other proceeding shall be stayed but if the court is satisfied
that the accused is of sound mind and capable of making his defence,
the court shall proceed with the inquiry or trial or other proceeding,
as the case may be.
(3) The determination of the issue as to whether or not the accused
is of unsound mind and incapable of making his defence shall, if the
finding is that he is of sound mind and capable of making his defence,
be deemed to be part of his trial before the court.
(4) The certificate of the principal officer shall be admissible as
evidence under this section.
(5) If the accused is certified to be of unsound mind and incapable
of making his defence, it shall not be necessary for him to be present
in court during proceedings under this section and he 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 defence, and if the offence charged is bailable,
the court may release him on sufficient security being given that —
(a) he will be properly taken care of;
(b) he will be prevented from injuring himself or any other person;
(c) he 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 shall report the case to the Minister who may,
in his discretion, order the accused to be confined in a psychiatric
2012 Ed. Criminal Procedure Code CAP. 68 149

institution, or any other suitable place of safe custody and the court
shall 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.

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 on the ground that at the time at
which he is alleged to have committed an offence he was by reason of
unsoundness of mind incapable of knowing the nature of the act as
constituting the offence or that it was wrong or contrary to law, the
finding must state specifically whether he committed the act or not.

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 shall,
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 shall 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,
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2 of the visitors of a psychiatric institution may, subject to subsection

(2), visit him to ascertain his state of mind.
(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 a principal officer and 2 of the visitors of the psychiatric institution
to be capable of making his defence, the court must proceed with
the inquiry or trial or other proceeding, as the case may be, and
the certificate shall be admissible as evidence.
(2) Where after the trial is proceeded with against the person
referred to 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 (Act 21 of 2008).
(3) Where after the trial is proceeded with against the person
referred to 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) shall be 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 care and
custody, he may apply for this and give security to the satisfaction of
the Minister that —
(a) that person will be properly cared for;
2012 Ed. Criminal Procedure Code CAP. 68 151

(b) that person will be prevented from injuring himself or any

other person;
(c) that person will be produced for inspection by a 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, he may order the person to be
delivered to that relative or friend.
(2) If a person is confined under section 249(2), the Minister may
further require the relative or friend to give security to his satisfaction
that if at any time the Minister thinks the person is capable of making
his defence, the relative or friend will produce the person for trial.
(3) Sections 253 and 256 shall apply with the necessary
modifications to a person delivered under this section.
(4) Notwithstanding that 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
referred to 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 their judgment the person may be discharged
without danger of injuring himself or any other person, the Minister
may order him to be discharged, detained in custody or in prison, or
sent to a psychiatric institution if he has not already been sent there.
(2) If the Minister orders the person to be sent to a psychiatric
institution, he 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.

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PART XIV
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 his trial; and if that person tenders himself as a witness, any such
statement may be used in cross-examination and for the purpose of
impeaching his credit.
(2) Where a statement referred to in subsection (1) is made by any
person to a police officer, no such statement shall be used in evidence
if it is made to a police officer below the rank of sergeant.
(3) The court shall 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
which would appear to him reasonable for supposing that by making
the statement he would gain any advantage or avoid any evil of a
temporal nature in reference to the proceedings against him.
Explanation 1 — If a statement is obtained from an accused by a person in
authority who had acted in such a manner that his 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, he would gain any
advantage or avoid any evil of a temporal nature in reference to the proceedings
against him, such acts will amount to a threat, an inducement or a promise, as the
case may be, which will render the statement inadmissible.
2012 Ed. Criminal Procedure Code CAP. 68 153
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;
(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 he was not bound to make the
statement and that evidence of it might be given against him; or
(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.
(4) If the statement referred to in subsection (3) is made after
the impression caused by any such inducement, threat or promise
referred to in that subsection has, in the opinion of the court, been
fully removed, it shall be admissible.
(5) When more persons than one are being tried jointly for the
same offence, and a confession made by one of such persons affecting
himself and some other of such persons is proved, the court may take
into consideration the confession as against the other person as well
as against the person who makes the confession.
Explanation — ‘‘Offence’’ as used in this section includes the abetment of or
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.
(6) Notwithstanding 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 him 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

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(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.
(7) In this section, ‘‘confession’’, in relation to any person who is
tried for an offence, means any statement made at any time by him
stating or suggesting the inference that he committed that offence.

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 (Cap. 97);
(b) is used for the purpose of impeaching his credit in the manner
provided in section 157 of the Evidence Act;
(c) is made admissible as evidence in any criminal proceeding by
virtue of any other provisions in this Code or the Evidence
Act or any other written law;
(d) is made in the course of an identification parade; or
(e) falls within section 32(1)(a) of the Evidence Act.
[4/2012]

(2) Where any person is charged with any offence in relation to

the making or contents of any statement made by him 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.
2012 Ed. Criminal Procedure Code CAP. 68 155

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 he may be prosecuted for an offence, failed to mention
any fact which he subsequently relies on in his defence, being a fact
which in the circumstances existing at the time he 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.
(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 his presence relating to the conduct for which
he is charged, in so far 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 (Cap. 322);
(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.
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(2) The court shall 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 him
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 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) Notwithstanding 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 (other than a committal hearing
held under Division 2 of Part X), 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 his knowledge and belief and
that he made the statement knowing that, if it were given in
evidence, he would be liable to prosecution if he stated in it
anything he 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;
2012 Ed. Criminal Procedure Code CAP. 68 157

(d) before or during the hearing, the parties agree to the statement
being tendered in evidence under this section; and
(e) the court is satisfied that the accused is aware of this section or
is represented by an advocate during the criminal proceeding.
(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 the age of 21 years,
it must state his age;
(b) if it is made by a person who cannot read it, it must be read
to him before he signs it and must be accompanied by
a declaration by the person who read the statement to him,
stating that it was so read; and
(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) So much of any statement as is admitted in evidence under
this section must, unless the court otherwise directs, be read aloud at
the hearing and where the court so directs an account shall be given
orally of so much of any statement as is not read aloud.
(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.

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 his
possession stolen property, evidence may be given at any stage of
the proceedings that there was found in his possession other property

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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.

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 his
possession stolen property; and
(b) evidence is given that the stolen property was found in his
possession,
then, if he 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 his 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 shall as against that party be 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;
2012 Ed. Criminal Procedure Code CAP. 68 159

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

made by his advocate; and
(e) if made before the trial by an accused who is an individual,
must be approved by his advocate before or at the proceedings
in question.
(3) An admission under this section for the purpose of proceedings
relating to any matter shall be 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 (Cap. 97), or any other written law.
[4/2012]

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 he gives notice
of particulars of the alibi.
(2) Without prejudice to 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 he gives the notice, any information he 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;
(c) if the name or the address is not included in that notice,
but the accused later discovers the name or address or receives

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other information that might help to find the witness,

he immediately gives notice of the name, address or other
information, as the case may be; and
(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 he 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 his 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 he 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 him to forward to
the Public Prosecutor, within 14 days from the date he is
charged in court for the first time with the offence for which
he 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 him, or left at his office, or sent in
a registered letter addressed to him at his 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
this section, the accused or his 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 his trial and if it is satisfied that the accused was unaware of
the provisions of this section.
2012 Ed. Criminal Procedure Code CAP. 68 161

(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 he 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 he made it. No ancillary hearing is necessary as this does not relate
to the voluntariness of the statement.
(e) X is accused of murdering Y. Z, a good friend of X, testifies that X told
him that he 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 shall be limited
only to the ancillary issue.
(3) The following procedure shall be complied with at an ancillary
hearing:
(a) the party seeking to admit the evidence shall produce his
evidence on the ancillary issue;
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(b) the party must then examine his witnesses, if any, and each of
them 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 them;
(c) after the party has concluded his case, the court shall call on
the other party to present his evidence;
(d) when the other party is called on to present his evidence,
the other party shall examine his witnesses, if any, and each
of them may in turn be cross-examined by the first party and
every co-accused, as the case may be, after which they 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;
(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 shall have 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 other
party and every co-accused, after which the first party may
re-examine him;
(i) at the close of the other party’s case, the first party may sum
up his case;
(j) the first party shall have 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
2012 Ed. Criminal Procedure Code CAP. 68 163

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 shall be 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.
(8) If the court, after hearing any submissions, decides to reverse
its earlier decision in admitting the evidence, it shall 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 of evidence

Power of Magistrate to record statements

280.—(1) A Magistrate may record a statement made to him 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 must be clearly shown
as being a question and answer.
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(3) The Magistrate must not record the statement if, on questioning
the person making it, he 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 him in his own language or in
a language he understands, and the note referred to 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) Notwithstanding 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 the age of 16 years;
(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.
2012 Ed. Criminal Procedure Code CAP. 68 165

(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 (Cap. 224);
(b) an offence under Part II of the Children and Young Persons
Act (Cap. 38) (relating to protection of children and young
persons);
(c) an offence under sections 354 to 358 and sections 375 to 377B
of the Penal Code;
(d) an offence under Part XI of the Women’s Charter (Cap. 353)
(relating to offences against women and girls); and
(e) any other offence that the Minister may, after consulting
the Chief Justice, prescribe.
(3) Notwithstanding any provision of this Code or of any other
written law, the court may order an accused to appear before it through
a live video or live television link while in remand in Singapore in
proceedings for any of the following matters:
(a) an application for bail or release on personal bond at any
time after an accused is first produced before a Magistrate
pursuant to Article 9(4) of the Constitution;
(b) an extension of the remand of an accused under section 238;
and
(c) any other matters that the Minister may, after consulting
the Chief Justice, prescribe.
(4) Notwithstanding 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 he 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 referred to 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;

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(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 may be determined by the Chief Justice;
(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.
2012 Ed. Criminal Procedure Code CAP. 68 167

(9) An order made under this section does not cease to apply merely
because the person in respect of whom it was made reaches the age
of 16 years before the proceedings in which it was made are finally
concluded.
(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, 205 and 209 of the Penal
Code as having been given in those proceedings.
(11) If a witness gives evidence in accordance with this section,
for the purposes of this Code and the Evidence Act (Cap. 97), he
is regarded as giving evidence in the presence of the court and
the accused, as the case may be.
(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 him to be
necessary or expedient to give effect to this section and for prescribing
anything that may be prescribed under this section.

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 him 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 his
safe custody during his 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 Subordinate
Courts, District Judge or Magistrate, as the case may be.

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,
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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 his 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 accused,
commit that person to prison until the trial or until he gives satisfactory
security that he 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 him for his 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 shall form part of the record.
2012 Ed. Criminal Procedure Code CAP. 68 169

(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.

Reading over evidence and correction

287.—(1) The evidence of each witness taken in committal hearings
under Division 2 of Part X shall be read over to him and shall, after
correction if necessary, be signed by him.
(2) If the witness denies the correctness of any part of the evidence
when it is read over to him, the Magistrate may, instead of correcting
the evidence, make a memorandum on it of the objection made to
it by the witness and shall add such remarks as the Magistrate thinks
necessary.
(3) If the witness does not understand English the evidence so taken
down shall be interpreted for him in the language in which it was given
or in a language which he understands.
(4) The substance of any correction made and of any memorandum
made by the Magistrate shall be explained to the accused.

Interpretation of evidence to accused

288.—(1) Where evidence is given in a language not understood by
the accused and he is present in person, it must be interpreted for him
immediately in a language which the court is satisfied he 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.

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 —

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(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 referred to in subsection (1)(b) purporting to
be signed by the officer who has custody of the records of the prison in
Singapore or elsewhere shall be admitted in evidence on its production
by the prosecution without proof of signature and, until the contrary is
proved, shall be proof of all matters contained therein.

Accused not to give evidence except on oath or affirmation

291.—(1) In all criminal proceedings except a committal hearing,
the accused may not give evidence except on oath or affirmation, and
if he does so, he is liable to cross-examination.
(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 he were so represented, the advocate could address the court
on his behalf.
(3) If an accused —
(a) after being called by the court to give evidence or after he or
the advocate representing him has informed the court that
he will give evidence, refuses to be sworn or affirmed; or
2012 Ed. Criminal Procedure Code CAP. 68 171

(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 his
own behalf, and he will not be guilty of contempt of court if he 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 shall be taken to do so
without good cause unless —
(a) he is entitled to refuse to answer by section 122(4) of
the Evidence Act (Cap. 97) or another written law or on
the ground of privilege; or
(b) the court excuses him from answering it.
(6) Subsection (3) does not apply to an accused if it appears to
the court that his physical or mental condition makes it undesirable
for him to be called on to give evidence.

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 committal hearing or trial.
(2) For all courts other than the High Court, if the committal hearing
results in a committal to stand trial in the High Court or if the trial
results in a conviction, then the court must forward the proceedings to
the High Court with a report of the circumstances of the case and the
High Court must make such order or pass such sentence as it thinks fit.

Record of evidence in absence of accused

293.—(1) If it is proved that an accused has absented himself so that
there is no immediate prospect of arresting him, the court competent to
try the accused may, in his 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 at the committal hearing or trial for the relevant
offence, if the deponent is dead or incapable of giving evidence or his
attendance cannot be procured without unreasonable delay, expense or
inconvenience.
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(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.

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 his 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 his intention to take it and
of when and where he 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 he 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 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
he or his advocate might have been present and might have
had, if he 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
2012 Ed. Criminal Procedure Code CAP. 68 173

matter is fixed for trial, the court shall 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 his attendance at the time fixed for the trial.
(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 him 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 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 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 High Court although the deponent is not called as
a witness.

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PART XV
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 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 shall 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 shall be delivered if the presiding judge
so directs.
(8) The judgment of any judge who is absent may be delivered by
any other judge.
(9) If the accused is in custody, he must be produced before
the court.
2012 Ed. Criminal Procedure Code CAP. 68 175

(10) If the accused is not in custody, he must attend to hear judgment

delivered except when his 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 he 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.

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.

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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 (Cap. 224). In so
far 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 after the coming into
force of the Penal Code (Amendment) Act 2007 (Act 51 of 2007).
The Magistrate’s Court, however, imposed a sentence on A based on the
penalty provision in the Penal Code 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. In so far 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. In so far 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) For the avoidance of doubt, any error resulting from a sentence
imposed by a court which it subsequently views as being too harsh or
too lenient is not such 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.

PART XVI
SENTENCES
Division 1 — Sentences in general

Sentences
303.—(1) The High Court may pass any sentence authorised by law.
2012 Ed. Criminal Procedure Code CAP. 68 177

(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.

Corrective training and preventive detention

304.—(1) Where a person of the age of 18 years or above —
(a) is convicted before 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 reached the age of 16 years for offences
punishable with such a sentence; or
(b) is convicted at one trial before 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 reached the age of 16 years
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 his
reformation and the prevention of crime that he should receive training
of a corrective character for a substantial period of time, followed by
a period of supervision if released before the expiration of his sentence,
the court, unless it has special reasons for not doing so, shall sentence
him to corrective training for a period of 5 to 14 years in lieu of any
sentence of imprisonment.

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(2) Where a person of the age of 30 years or above —

(a) is convicted before 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 reached the age of 16 years of offences
punishable with such a sentence, and was on at least 2 of those
occasions sentenced to imprisonment or corrective training; or
(b) is convicted at one trial before 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 reached the age of 16 years 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 he should be detained in custody for a substantial
period of time, followed by a period of supervision if released before
the expiration of his sentence, the court, unless it has special reasons
for not doing so, shall sentence him to preventive detention for
a period of 7 to 20 years in lieu of any sentence of imprisonment.
(3) Before sentencing any offender to corrective training or
preventive detention, the court must call for and consider any report
submitted by the Director of Prisons, or any person authorised by
the Director of Prisons to submit the report on his behalf, on
the offender’s physical and mental condition and his 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.
(4) The court must give a copy of any report submitted by the
Director of Prisons to the offender or his advocate and to the Public
Prosecutor.
(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
account such offence for the purposes of determining the period of
corrective training or preventive detention, as the case may be.
2012 Ed. Criminal Procedure Code CAP. 68 179

(6) A person sentenced to corrective training or preventive

detention must be detained in a prison for the term of his 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
conviction —
(a) of or above the age of 16 years but below the age of 21 years;
or
(b) of or above the age of 14 years but below the age of 16 years
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 64 of the Children and Young
Persons Act (Cap. 38),
the court may impose a sentence of reformative training in lieu of
any other sentence if it is satisfied, having regard to his character,
previous conduct and the circumstances of the offence, that to reform
him and to prevent crime he should undergo a period of training in
a reformative training centre.
[3/2011]

(2) Where a young person has been ordered by a Juvenile Court

under the Children and Young Persons Act 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 him he should undergo a period of
training in a reformative training centre, sentence him to
reformative training instead of any other sentence; or
(b) in any case, deal with him in the manner that the Juvenile
Court might have dealt with him.
(3) Before imposing any sentence of reformative training, the court
must call for and consider any report submitted by the Director of
Prisons, or any person authorised by the Director of Prisons to submit
the report on his behalf, on the offender’s physical and mental condition
and his suitability for the 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.

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(4) The court must give a copy of any report submitted by the
Director of Prisons to the offender or his advocate and to the Public
Prosecutor.
(5) A person sentenced to reformative training must be detained
in accordance with the regulations made under section 428.

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 him 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 he 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 High
Court at a trial mentioned in subsection (1), the other sentences of
imprisonment must run 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.

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
2012 Ed. Criminal Procedure Code CAP. 68 181

the offence shall 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 shall not be punished with
a more severe punishment than the court which tries him 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, he might be imprisoned for 50 years, one for
each blow. But he 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
sentencing him to any other punishment, order that he be placed
under police supervision for a period starting immediately after
the last sentence passed on him ends.
(2) The period of supervision imposed by 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.

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 —

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(a) personally present himself and notify the place of his residence
to the officer in charge of the police division in which his
residence is situated;
(b) where he changes his residence, personally present himself
and notify the change of residence to the officer in charge of
the police division in which his new residence is situated;
(c) where he changes his residence to a place outside Singapore,
personally present himself and notify the change of residence
and the place to which he is going to reside to the officer
in charge of the police division in which his last residence
in Singapore is situated;
(d) if, having changed his residence to a place outside Singapore,
he later returns to Singapore, personally present himself
and notify his return and his place of residence in Singapore
to the officer in charge of the police division in which
his residence in Singapore is situated; and
(e) if he intends to be absent from his last notified residence for
more than 48 hours without changing his place of residence,
personally present himself and notify his intention, where he
intends to go and how long he will be away to the officer in
charge of the police division in which his 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 him.

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 and notifying the place of his 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 notified place of residence for more than
48 hours without having complied with the requirements of
section 310(1)(e); or
2012 Ed. Criminal Procedure Code CAP. 68 183

(d) fails to comply with the requirements of section 310(2),

he shall in every such case, unless he proves to the satisfaction of the
court before which he is tried that he did his 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 him to any other punishment,
order that he remain under police supervision for a further period of
not more than one year, commencing immediately after the end of
the sentence passed on him 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
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 he 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 Director of Prisons
in accordance with such prescribed form;
(b) the warrant shall be full authority to the Director of Prisons,
or any officer appointed by him for that purpose, for receiving
into his custody and detaining the person sentenced until
he receives the court’s further warrant or order;
(c) in cases in which notice of appeal or notice of an application
for leave to appeal is not given within the prescribed period,
the trial Judge who tried the accused must, within a reasonable
time after that period has elapsed, send to the Minister a copy
of the notes of evidence taken at the trial, with a report in
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writing signed by him stating whether, in his opinion, there are

any reasons (and, if so, what reasons) why the death sentence
should or should not be carried out;
(d) in cases where notice of appeal is given or notice of an
application for leave to appeal is given, the trial Judge must
forward to the Court of Appeal the notes of evidence and
report referred to in paragraph (c), within a reasonable time
after being notified by the Registrar of the Supreme Court
that the notice has been given;
(e) if the Court of Appeal dismisses the appeal or the application
for leave to appeal, as the case may be, then the Chief Justice
or other presiding Judge must, within a reasonable time,
forward to the Minister the notes of evidence and report,
stating whether he 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 High Court a copy signed and sealed
by him of any order he 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 High Court
must, if the sentence is to be carried out, cause a warrant to
be issued under the seal of the Court and signed by the trial
Judge, or in his absence any other High 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 Director of Prisons who
must carry out the sentence in accordance with law;
2012 Ed. Criminal Procedure Code CAP. 68 185

(j) there must be present at the execution of the sentence the

superintendent of the prison, a medical officer of the prison,
and any other prison officers that the Director of Prisons
requires;
(k) there may also be present a minister of religion in attendance
at the prison and any other persons that the Director 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 Director of Prisons;
(m) within 24 hours after the execution, a Coroner must hold an
inquiry as provided under the Coroners Act 2010 (Act 14 of
2010) and satisfy himself 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 his recapture that 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.

No sentence of death against person below 18 years

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, he was below the age of
18 years, but instead the court must sentence him to life imprisonment.

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
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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 referred to 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 he must be hanged by the neck until he is dead but shall 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 Director of Prisons or an officer appointed by him
for that purpose who must receive into his custody the person named
in the warrant.
(2) The warrant shall be full authority to the Director of Prisons or
the officer appointed by him for receiving into custody and detaining
the accused and carrying out the sentence.

Date that sentence begins

318. Subject to this Code and any other written law, a sentence
of imprisonment shall take effect from the date it was passed, unless
the court passing the sentence or, when there has been an appeal,
the appellate court, otherwise directs.

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:
2012 Ed. Criminal Procedure Code CAP. 68 187

(a) if the maximum sum is not stated in the law, the fine to which
the offender is liable shall be 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;
(B) by appointing a receiver; or
(C) by directing 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;
(iv) 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 he 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 he may be liable
under a commutation of a sentence;
(v) direct that the person be searched, and that any
money found on him when so searched or which, in
the event of his being committed to prison, may be
found on him when taken to prison, shall be applied
towards the payment of such fine, the surplus, if any,
being returned to him; provided that the money shall
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 he pay the fine or the
instalments, as the case may be, on the day or days directed;

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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 shall be as follows:
(i) if the offence is punishable with imprisonment for
a term of 24 months or more, it must not exceed one
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
shall end 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 death be
legally liable for his debts.
(2) If a person fails to pay the court the amount which he is directed
to pay under subsection (1)(b)(iii)(C), it shall be recoverable as though
it were a judgment debt due to the court.
2012 Ed. Criminal Procedure Code CAP. 68 189

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 his
executing a bond with or without sureties, as the court thinks fit, on
condition that he 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 successor or
other Judge, District Judge or Magistrate acting in his 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 he was
previously sentenced, as the court awarding the sentence directs.
(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 he is liable upon his former or
subsequent conviction.

Juvenile may be dealt with under Children and Young Persons Act
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 to fine

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or imprisonment, deal with the juvenile in the manner provided by

the Children and Young Persons Act (Cap. 38).

Return of warrant of execution

324. Where a death sentence has been carried out pursuant to
a warrant issued under section 313(i), the Director of Prisons who
carried out the sentence must return the warrant to the court which
issued it with an endorsement signed by him, certifying that the
sentence has been carried out.

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; and
(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 (referred to in this section
as the relevant offences) but the person cannot be caned because
subsection (1)(a) or (b) applies, the court may, in addition to any 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) notwithstanding that 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) notwithstanding that 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.
2012 Ed. Criminal Procedure Code CAP. 68 191

(5) The power of a court to impose the additional term of

imprisonment under subsection (2) shall not apply in relation to any
offence which is committed before the date of commencement of
this Division.

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 expiration 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.
(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) Notwithstanding 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 (referred to in this section
as the relevant offences), the aggregate sentence of caning imposed
by the court in respect of the relevant offences shall 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) notwithstanding that the aggregate of such term and
the imprisonment term imposed for any of the relevant offences
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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) notwithstanding that 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) shall not apply in relation to
any offence which is committed before the date of commencement of
this Division.
(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.
(2) Caning shall be inflicted on such part of the person as the
Minister from time to time generally directs.
(3) The rattan shall not be more than 1.27 centimetres in diameter.
(4) In the case of a juvenile, caning shall be inflicted with a light
rattan.

Caning not to be carried out by instalments

330.—(1) No sentence of caning shall 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.
2012 Ed. Criminal Procedure Code CAP. 68 193

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 he has been
sentenced for the offence or offences in respect of which
the court has imposed caning (referred to in this section as
the relevant offences).
(3) A court may impose a term of imprisonment under
subsection (2)(b) notwithstanding that 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) notwithstanding that 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) shall not apply in relation to
any offence which is committed before the date of commencement of
this Division.

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.
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(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, shall 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 opinion
as to whether the application should be granted or refused,
and the judge shall state his 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
may cancel the suspension or remission, and upon such 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 XVII
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);
2012 Ed. Criminal Procedure Code CAP. 68 195

‘‘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 (Cap. 174).

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; or
(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 shall 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 a specified minimum sentence or
mandatory minimum sentence of imprisonment or fine or
caning is prescribed by law;
(c) an offence which is specified in the Third Schedule to
the Registration of Criminals Act (Cap. 268);
(d) a person who had previously been sentenced to a term of
imprisonment, other than a term of imprisonment served
by him in default of payment of a fine;
(e) a person who had previously been sentenced to reformative
training, corrective training or preventive detention;
(f) a person who had previously been detained or subject to
police supervision under section 30 of the Criminal Law
(Temporary Provisions) Act (Cap. 67);

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(g) a person who had previously been admitted to an approved

institution under section 34 of the Misuse of Drugs Act
(Cap. 185) or to an approved centre under section 17 of
the Intoxicating Substances Act (Cap. 146A);
(h) an offence which is punishable with a fine only; or
(i) an offence which is punishable with a term of imprisonment
which exceeds 3 years.
(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) had previously been sentenced to a term of imprisonment,
whether or not it is a term of imprisonment served by him
in default of payment of a fine; or
(b) had previously been admitted to an approved institution
under section 34 of the Misuse of Drugs Act or to an approved
centre under section 17 of the Intoxicating Substances Act.
(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) an offence which is punishable with a fine only; or
(b) an offence for which a specified minimum sentence of fine or
a mandatory minimum sentence of fine is prescribed by law.
(4) If an offender convicted of 2 or more offences is sentenced at
the same court proceeding for those offences, a court shall 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 shall be in lieu of any sentence of
imprisonment, caning and fine which the court may impose for that
offence.

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.
2012 Ed. Criminal Procedure Code CAP. 68 197

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 he 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 24 months.
(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 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 he is not satisfied with any of the matters referred to
in subsection (3)(a) to (c).
(5) In assessing whether an offender is a person suitable for
treatment for his 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; and
(c) the financial standing of the offender and his ability to pay all
or any part of the costs of his treatment which it is reasonable
for him 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
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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 shall take
into consideration the report made by the psychiatrist engaged by the
offender.
(9) Any report made by the appointed psychiatrist shall be 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.
(11) Before making a mandatory treatment order, the court shall
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 he 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 shall extend a copy of any report made by an
appointed psychiatrist to the offender or his 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.
2012 Ed. Criminal Procedure Code CAP. 68 199

Obligations of offender subject to mandatory treatment order

340. An offender in respect of whom a mandatory treatment order
is in force shall —
(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
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 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 day
reporting order requiring him 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) For the avoidance of doubt, a court may make a day reporting
order notwithstanding that 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 shall —
(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 shall explain to
the offender in ordinary language —

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(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 he 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 Director of Prisons may appoint any person to be a day
reporting officer for the purposes of this section.
(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 shall not make a day reporting order which includes
the requirements referred to 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 shall —
(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 his address
or employment status;
2012 Ed. Criminal Procedure Code CAP. 68 201

(d) give to the day reporting officer, upon the request of that
officer, any information relating to his daily routine or
whereabouts;
(e) comply with the requirements referred to in section 342(1),
if any;
(f) not assault, threaten, insult or use abusive language to a day
reporting officer; and
(g) comply with such other conditions which a court may impose
under section 341(5).

Community work orders

344.—(1) This section, including the provisions in this Part, shall
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 is convicted is satisfied that
it is expedient with a view to his reformation that he shall be required
to perform community work that is associated with that offence, the
court may make a community work order requiring him 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 has done by committing that offence.
(5) A court shall not make a community work order in respect of
an offender unless the court is satisfied that suitable arrangements
can be made for him to perform work under such order.
(6) The number of hours which an offender may be required to work
under a community work order shall be specified in the order and shall
not exceed the prescribed maximum hours of community work which
the offender may be required to perform under that order.
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(7) A court may impose such conditions as it thinks fit when

making a community work order.
(8) Before making a community work order, the court shall 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 he 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 shall 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 shall 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 his 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 his 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 a sentence
2012 Ed. Criminal Procedure Code CAP. 68 203

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 shall 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 shall —
(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;
(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).

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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 is convicted is satisfied that it is expedient with
a view to his reformation that he 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
him to perform any unpaid community service under the supervision
of a community service officer.
(2) A court shall 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 is a suitable person to perform community service under
such an order; and
(b) suitable arrangements can be made for him 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) For the avoidance of doubt, a court may make a community
service order notwithstanding that 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 shall be specified
in the order and shall not exceed the prescribed maximum hours of
community service which the offender may be required to perform
under that order.
(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 shall 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);
2012 Ed. Criminal Procedure Code CAP. 68 205

(b) the consequences which may follow if he 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 shall 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 shall 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 community
development, youth and sports 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.

Obligations of offender subject to community service order

347. An offender in respect of whom a community service order is
in force shall —
(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;

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(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 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 him to be detained in prison for a period which shall not
exceed 14 days.
(2) Sections 317 and 318 shall 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.
(2) Any security shall 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, shall 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
2012 Ed. Criminal Procedure Code CAP. 68 207

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 shall be without
prejudice to the taking of proceedings against any person under
this Part.
(3) Notice of the forfeiture of any security or any part thereof shall
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 shall be 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 such 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 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 shall
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 shall not
exceed 12 months from the date the order is first in force.

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(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
shall 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
shall 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
(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
2012 Ed. Criminal Procedure Code CAP. 68 209

service order is in force is in breach of the order if he fails, without

reasonable excuse, to comply with any of his obligations under
section 340, 343, 345 or 347, respectively.
(2) An offender is in breach of a short detention order if he commits
an aggravated prison offence as defined in section 73 of the Prisons Act
(Cap. 247) when there is in force in respect of him 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
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, the court may —
(a) without prejudice to 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 circum-
stances; or
(iii) impose on him a fine not exceeding $1,000; or
(b) taking into account the extent to which the offender has
complied with the order, revoke the order and impose such
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sentence which is provided for the offence or offences in

respect of which the order has been made.
(6) Where an offender is in breach of a short detention order,
a court may, on the application of the Director of Prisons or any person
authorised by the Director 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.
(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 prejudice to the continuance of the order, make
an order for the offender to be detained in prison for a period which
shall not exceed 14 days.
(8) Sections 317 and 318 shall 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
shall not exceed 24 months from the date the order is first in force.
(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 shall 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
shall not exceed the prescribed maximum hours of community work
which the offender may be required to work under that order.
(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
shall 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
2012 Ed. Criminal Procedure Code CAP. 68 211

breach of the order, and the offender is serving any other community
order at the time of the breach —
(a) the offender shall be deemed to be in breach of all the
community orders; and
(b) the court shall 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 him 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 shall thereafter be
dealt with in accordance with section 354 as if he had been convicted
and dealt with by a court for an offence or offences committed during
the period when a community order is in force in respect of him.
(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 pays the fine amount, shall continue serving the sentence
under the community order; or
(b) if he defaults on paying the fine amount, shall continue serving
the sentence under the community order before serving
any sentence of imprisonment imposed by the court for
the default.

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(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 shall sentence him to any punishment which is prescribed
for that offence or those offences and he shall thereafter be dealt with
in accordance with section 354 as if he had been convicted and dealt
with by a court for an offence or offences committed during the
period when a community order is in force in respect of him.

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
appear at the place and time specified therein, or may issue a warrant
for his arrest.
(2) A Magistrate may not issue a warrant under subsection (1)
except on information in writing.
(3) The following persons shall have jurisdiction for the purposes
of subsection (1):
(a) if the community order was made by the High Court, a Judge
of the High Court;
(b) if the community order was made by a District Court,
a District Judge; and
(c) if the community order was made by a Magistrate’s Court,
a Magistrate.
(4) A summons or warrant issued under this section shall direct
the offender so convicted to appear or be brought before the court
which made the community order.
2012 Ed. Criminal Procedure Code CAP. 68 213

(5) If an offender in respect of whom a community order has been

made by 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 him to
custody or release him on bail (with or without sureties) until he can
be brought or appears before the court by which the community order
has been made; and if he does so the Magistrate’s Court shall send to
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.
(6) Where it is proved to the satisfaction of the court by which
a community order has been made that the offender in respect of whom
the community order has been made has been convicted and dealt with
in respect of an offence or offences committed during the period when
the community order is in force in respect of the offender, that court
may, taking into account the extent to which the offender has complied
with the order, revoke the order made and impose such sentence which
is prescribed for the offence or offences in respect of which the order
has been made.
(7) If an offender in respect of whom a community order has been
made by a Magistrate’s Court is convicted before the High Court or
a District Court or another Magistrate’s Court of an offence committed
during the period when the community order is in force in respect of
the offender, the High Court or the District Court or such other
Magistrate’s Court (as the case may be) may, taking into account
the extent to which the offender has complied with the order, revoke
the order made and impose such sentence which is prescribed for
the offence or offences in respect of which the order has been made.

PART XVIII
COMPENSATION AND COSTS

Order for payment of costs of prosecution against accused and order

for payment of costs incurred by accused in his 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, order

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that person to pay a sum to be fixed by the court by way of costs of

his prosecution.
(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 his defence, to be taxed by the Registrar of
the Supreme Court or the Registrar of the Subordinate Courts,
as the case may be.
(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 High Court

356.—(1) The Court of Appeal or the High Court in the exercise
of its powers under Part XX may award costs to be paid by or to
the parties as it thinks fit.
(2) Where the Court of Appeal or the High Court makes any order
for costs to be paid by the prosecution to an accused, the Court
must be satisfied that the conduct of the matter under Part XX by
the prosecution was frivolous or vexatious.
(3) Where the Court of Appeal or the High Court makes any order
for costs to be paid by an accused to the prosecution, the Court
must be satisfied that the conduct of the matter under Part XX by
the accused was done in an extravagant and unnecessary manner.

Costs against defence counsel

357.—(1) Where it appears to a court that costs have been incurred
unreasonably or improperly in any proceedings or have been wasted
by a failure to conduct proceedings with reasonable competence and
expedition, the court may make against 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 client;
or
2012 Ed. Criminal Procedure Code CAP. 68 215

(b) directing the advocate to repay to his client costs which

the client has been ordered to pay to any person.
(2) No order under this section shall be made against an advocate
unless he 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 shall be paid
out of the Consolidated Fund and costs awarded to and received by
the Public Prosecutor shall be paid into the Consolidated Fund.
(2) The Public Prosecutor shall not be personally liable for any costs
awarded against him.

Order for payment of compensation

359.—(1) The court before which a person is convicted of any
offence shall, 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 representative,
in respect of his 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 referred to 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) shall
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 his representative for
civil damages in respect of the same injury arising from the offence,
shall be deemed to have been satisfied to the extent of the amount paid
to him under an order for compensation.

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(5) The order for compensation made under subsection (3) shall 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 shall be deemed to
have been satisfied to the extent of the amount paid to him 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 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;
(ii) by appointing a receiver; or
(iii) by directing any other person who owes money to
the person 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 he may be sentenced or to which he
may be liable under a commutation of sentence;
(e) direct that that person be searched, and that any money
found on him when so searched or which, in the event of his
being committed to prison, may be found on him when taken
to prison, shall be applied towards the payment of that sum;
the surplus, if any, being returned to him.
(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 he pays that sum or the
2012 Ed. Criminal Procedure Code CAP. 68 217

instalments, as the case may be, on the day or days directed; and if that
sum or any instalment is not paid 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) shall 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 shall 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
shall terminate 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 he is
directed to pay under subsection (1)(c)(iii), it shall be recoverable as
though it were a judgment debt due to the court.

Costs recoverable as judgment debt

361. Any order for costs made under this Part shall be 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

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committed, attempted or abetted an offence punishable with death

or imprisonment, then the court may order payment to him 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 such regulations as may be prescribed by the Minister.

PART XIX
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.
2012 Ed. Criminal Procedure Code CAP. 68 219

(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.

Payment to innocent person of money in possession of accused

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 him 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 him 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 his representatives for civil damages in respect of the
purchase of stolen property arising from the offence, shall be deemed
to have been satisfied to the extent of the amount paid to him under
that order.

Stay of order
367. 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 High Court and may modify, alter or
annul that order.

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Destruction of libellous and other matter

368.—(1) On a conviction under section 292, 293, 500, 501 or 502
of the Penal Code (Cap. 224), 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, 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.

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 police officer seizes property which is taken under
section 35 or 78, or alleged or suspected to have been stolen, or found
under circumstances that lead him to suspect an offence, he must
make a report of the seizure to a Magistrate’s Court at the earlier of
the following times:
(a) when the police officer considers that such property is no
longer relevant for the purposes of any investigation, inquiry,
trial or other proceeding under this Code; or
(b) one year from the date of seizure of the property.
(2) Subject to subsection (3), the Magistrate’s Court must, upon
the receipt of such report referred to in subsection (1), make such order
as it thinks fit respecting the delivery of the property to the person
entitled to the possession of it or, if that person cannot be ascertained,
respecting the custody and production of the property.
2012 Ed. Criminal Procedure Code CAP. 68 221

(3) The Magistrate’s Court must not dispose of any property if there
is any pending court proceeding under any written law in relation to
the property in respect of which the report referred to in subsection (1)
is made, or if it is satisfied that such property is relevant for the
purposes of any investigation, inquiry, trial or other proceeding under
this Code.

Procedure when person entitled to property is known

371.—(1) If the person entitled to the property referred to in
section 370 is known, the Magistrate’s Court must cause a notice to be
served on that person instructing him 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.
(2) Section 116 shall apply as nearly as may be practicable to the
procedure governing the service of the notice referred to in subsection
(1) as if a summons were a notice.
(3) If the person entitled to the property referred to in section 370
fails to take delivery of the property within the period specified in
the notice referred to in subsection (1), the Magistrate’s Court may,
after one month from the expiry of that period, cause the property to
be sold.
(4) Notwithstanding the other provisions in this section, if the
property is perishable or if, in the opinion of the Magistrate’s Court, its
value is less than $500, the Magistrate’s Court may cause the property
to be sold at any time.
(5) The Magistrate’s Court must pay the net proceeds of the sale
under subsections (3) and (4) on demand to the person entitled.

Procedure when person entitled to property is unknown or cannot be

found
372.—(1) If the person entitled to the property referred to in
section 370 is unknown or cannot be found, the Magistrate’s 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 him and establish his claim within 6 months from
the date of the public notice.

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(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
he had legally acquired it, then the property may be sold on the order
of the Commissioner of Police.
(4) Notwithstanding 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 shall apply, 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 referred to in subsection
(1), the ownership of the property or (if sold) its net proceeds shall pass
and be vested in the Government absolutely.
(6) If a person establishes his claim to the property within 6 months
from the publication of the notice referred to in subsection (1), and
the property has already been sold by the Commissioner of Police,
that person shall only be entitled to the net proceeds.
(7) In respect of property to which the person entitled is unknown
or cannot be found, the Magistrate’s 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.
2012 Ed. Criminal Procedure Code CAP. 68 223

PART XX
APPEALS, POINTS RESERVED, REVISIONS
AND CRIMINAL MOTIONS
Division 1 — Appeals

Interpretation of this Part

373. In this Part —
‘‘appellate court’’ means any court when exercising its appellate
criminal jurisdiction;
‘‘trial court’’ means any court when exercising its original criminal
jurisdiction.

When appeal may be made

374.—(1) An appeal against any judgment, sentence or order of
a court may only be made as provided for by this Code or by any other
written law.
(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 shall 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 shall be against
his conviction, the sentence imposed on him or an order of the trial
court.
(5) No appeal may lie against any order made by a Magistrate, a
District Judge, the Registrar of the Subordinate Courts or the Registrar
of the Supreme Court in any criminal case disclosure conference held
under Part IX or X.

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.

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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
(b) an accused has been convicted and sentenced by a court,
there shall 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 he may, by
fiat, and on such terms and conditions as he 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 he 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 within 14 days with
the Registrar of the Supreme Court (if the trial court is the High Court)
or the Registrar of the Subordinate Courts (if the trial court is a District
Court or a Magistrate’s Court), from the date of that judgment,
sentence or order.
(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
his advocate; and
(c) unless it is given orally under section 381, be signed by
the appellant or his advocate.
(4) In the case of an appeal by the Public Prosecutor under this Part
against the judgment, sentence or order of the High Court hearing
a criminal case, the notice of appeal shall be signed by him only.
2012 Ed. Criminal Procedure Code CAP. 68 225

(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 High Court)
or the Registrar of the Subordinate Courts (if the trial court is
a Magistrate’s Court or District Court) must, as soon as possible, serve
on the appellant or his 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.
(6) Subject to subsection (6A), where an appellant makes an
application pursuant to subsection (5), he shall be served with a copy
each of the record of proceedings and the grounds of decision upon
the payment of the prescribed fee.
[2/2012]

(6A) The Registrar of the Subordinate Courts or the Registrar of

the Supreme Court, as the case may be, may, as he 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.
[2/2012]

(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 High Court)
or the Registrar of the Subordinate 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.

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 his advocate must lodge a petition of appeal with the Registrar of
the Supreme Court (if the trial court is the High Court) or Registrar
of the Subordinate Courts (if the trial court is a Magistrate’s Court
or District Court).
(2) The petition of appeal must be signed by the appellant or his
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.

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(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 High Court) or the Registrar of the Subordinate Courts (if
the trial court is a Magistrate’s Court or District Court), a notice of
discontinuance of the appeal, and if he does so, he must serve the notice
on the other party to the appeal on the date of the filing.
(5) The appellant may, after he 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.
(6) Except with the leave of the appellate court, the appellant shall
not be 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 shall notify the Registrar of the Subordinate
Courts (if the trial court is a Magistrate’s Court or District Court)
accordingly and any stay of execution shall immediately cease to have
effect.

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 his 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 him 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.
2012 Ed. Criminal Procedure Code CAP. 68 227

(2) The appellate court may, on the application of the accused or

his 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 shall be deemed to have
complied with the requirements in sections 377 and 378 if he 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 Subordinate Courts, as the case may be.

Bail pending appeal

382. A Subordinate Court or the High Court may grant bail to
a person who has filed a notice of appeal against his conviction or
sentence in accordance with section 377.

Stay of execution pending appeal

383.—(1) An appeal shall 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 shall be excluded
in computing the term of his 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 —
(a) after the time allowed under this Code for appeal; or
(b) if an appeal is made within the time allowed under this Code
for appeal, after the sentence is confirmed by the appellate
court.

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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.
(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 or Judges of Appeal.
(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 him, notice to the
Registrar of the Supreme Court of an application for leave to amend
his 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 High Court Judge
(in the case where the appeal is made to the High Court) may grant
leave to amend the grounds of appeal accordingly and shall restore
the appeal for hearing.
(5) For the purposes of subsection (4), the question whether
a sentence ought to be reduced shall be 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 shall 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 High Court may ordinarily be heard
by a single Judge, but if the Chief Justice so directs, the appeal must be
2012 Ed. Criminal Procedure Code CAP. 68 229

heard before a court consisting of 3 or any greater uneven number of

Judges.
(2) An appeal before the Court of Appeal may ordinarily be heard
by 3 Judges 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.
(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 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.
(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 shall hear
the appellant or his advocate, if he appears, and if it thinks fit, the
respondent or his advocate, if he appears, and shall hear the appellant
or his advocate in reply.
(2) If the appellant is in custody and does not appear at the hearing
to support his appeal in person or by advocate, the appellate court
may consider his 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 his non-appearance
was not due to his fault.

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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 him, 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 him 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 he is absent at the hearing of the appeal, the court may hear
the appeal in his absence.

Arrest of respondent in certain cases

389.—(1) Where the High Court is informed that the Public
Prosecutor intends to appeal against the acquittal of an accused,
the 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.
(2) Where the Public Prosecutor appeals against an acquittal after
an application under subsection (1), the High Court that acquitted the
accused may commit him to prison pending the disposal of the appeal
or admit him to bail.

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 shall
be made or that the accused shall be retried, or remit
the matter, with the opinion of the appellate court,
to the trial court; or
(ii) find him guilty and pass sentence on him according
to law;
(b) in an appeal from a conviction —
(i) reverse the finding and sentence and acquit or
discharge the accused or order him to be retried by
2012 Ed. Criminal Procedure Code CAP. 68 231

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) shall 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) Notwithstanding section 375 and without prejudice to the
generality of 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) Notwithstanding 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 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.

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(6) After the appellate court has framed an altered charge, it must
ask the accused if he intends to offer a defence.
(7) If the accused indicates that he 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 he 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
he admits to have committed for the purposes of sentencing him.
(10) The sentencing powers of the appellate court in the exercise
of its appellate jurisdiction shall not exceed the sentencing power of
the trial court whose judgment, sentence or order is appealed against.

Omission to frame charge

391.—(1) A judgment, sentence or order pronounced or passed
shall not be 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.
2012 Ed. Criminal Procedure Code CAP. 68 233

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
his 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 shall apply, with the necessary
modifications, to the taking of additional evidence under this section.

Death of party to appeal

393.—(1) Where a person has died —
(a) any relevant appeal which might have been begun by him if he
were alive may be begun by a person approved by the High
Court; and
(b) where any relevant appeal was begun by him while he was
alive or is begun in relation to his case under paragraph (a),
any further step which might have been taken by him in
connection with the appeal if he were alive may be taken by
a person so approved.
(2) 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 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 him.
(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.

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(4) Where this section applies, any reference to the appellant in

any written law shall, where appropriate, 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 shall finally abate on the death of an accused.
(6) In this section, ‘‘relevant appeal’’ means an appeal made under
this Part.

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 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.
(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 shall —
(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
2012 Ed. Criminal Procedure Code CAP. 68 235

shall, so far as may be possible, be in a form which shall permit

of 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) Notwithstanding 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) shall
cause the case to be transmitted to the Registrar of the Supreme Court.
(7) The relevant court shall 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
shall 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 must send a copy to every party to the proceedings and to
the Public Prosecutor (if he is not a party), and fix a date for the hearing
of the case stated.

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(12) The Public Prosecutor shall have a right of hearing at the

hearing of the case stated.
(13) Where the High Court is hearing the case stated, it shall
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.
(14) Where the Court of Appeal is hearing the case stated, it shall
ordinarily be heard by 3 Judges 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 of Appeal.
(15) In this section, ‘‘relevant court’’ means —
(a) the High Court where the trial court which stated the case is
a Subordinate Court; and
(b) the Court of Appeal where the trial court which stated
the case is the High Court.

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 Subordinate
Court for the opinion of the High Court under section 395, apply to
state a case directly to the Court of Appeal.
(2) An application under subsection (1) shall 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) shall apply to the case
stated under this section, except that any reference to the relevant court
in those provisions shall be a reference to the Court of Appeal.

Reference to Court of Appeal of criminal matter determined by High

Court in exercise of its appellate or revisionary jurisdiction
397.—(1) When a criminal matter has been determined by 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
2012 Ed. Criminal Procedure Code CAP. 68 237

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.
(2) The Public Prosecutor may refer any question of law of public
interest without the leave of the Court of Appeal.
(3) An application under subsection (1) or a reference under
subsection (2) shall 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 shall be made by him or with his written consent.
(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 High Court might have made as
the Court of Appeal considers just for the disposal of the case.
(6) For the purposes of this section, any question of law which
any party applies to be referred regarding which there is a conflict of
judicial authority shall be deemed to be a question of public interest.

Determination and order

398.—(1) 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 affirm, amend or reverse
the decision or make any other order it thinks fit.
(2) Any judge stating a case under this Code shall not be liable to
any costs incurred with respect to it.

Opinion on case stated

399.—(1) The opinion 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.

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(2) The Registrar of the Supreme Court must deliver a copy of

the opinion 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 Subordinate Courts where the trial court
which stated the case is a Subordinate Court; and
(c) every party to the proceedings in which the case stated arose.
(3) If the opinion 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 High Court or the Court of Appeal made
under section 398.

Division 3 — Revision of proceedings before

Subordinate Courts

Power to call for records of Subordinate Courts

400.—(1) Subject to this section and section 401, the High Court
may, on its own motion or on the application of a Subordinate Court,
the Public Prosecutor or the accused in any proceedings, call for and
examine the record of any criminal proceeding before any Subordinate
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.
(2) No application may be made by any party under this section
in relation to any judgment, sentence or order which he 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 High Court on revision

401.—(1) On examining a record under revision in this Division,
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.
2012 Ed. Criminal Procedure Code CAP. 68 239

(2) 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.
(3) The High Court may not proceed under subsection (1) or (2)
without first giving the parties adversely affected by the High Court
so proceeding an opportunity of being heard either personally or
by advocate.
(4) This section does not authorise the High Court to convert
an acquittal into a conviction.

Orders on revision
402. Where a case is revised under this Division, the High Court
must certify its decision or order to the Subordinate 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.

Permission for parties to appear

403.—(1) No party has any right to be heard either personally or
by advocate before the High Court when the High Court is exercising
its powers of revision under this Division or Division 4.
(2) 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 shall be deemed to affect
sections 401(3) and 404(4).

Division 4 — Revision of orders made

at criminal case disclosure conference

Power to revise orders made at criminal case disclosure conference

404.—(1) 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 IX or X before a Magistrate,
a District Judge, the Registrar of the Subordinate 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.
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(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
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 High Court may affirm, vary or set aside any of the orders made
by the Magistrate, District Judge, Registrar of the Subordinate Courts
or Registrar of the Supreme Court, as the case may be, who presided
over the criminal case disclosure conference.
(4) The High Court may not proceed under subsection (3) without
first giving the parties adversely affected by the High Court so
proceeding an opportunity of being heard either personally or
by advocate.
(5) Where a case is revised under this Division, the High Court must
certify its decision or order to the Magistrate, District Judge, Registrar
of the Subordinate 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 Subordinate 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.

Division 5 — Criminal motions

Motion
405. A motion to the High Court in respect of any criminal matter
must be made in accordance with this Division.

Notice of motion
406.—(1) No motion shall be made without previous notice to
the other party to the proceedings.
(2) Unless the High Court gives leave to the contrary, 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.

Form and issue of notice of motion

407.—(1) The notice of a criminal motion must be in the prescribed
form.
2012 Ed. Criminal Procedure Code CAP. 68 241

(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 any criminal motion may be adjourned from
time to time on such terms as the High Court thinks fit.

Costs
409. If the High 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 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 Court.

PART XXI
SPECIAL PROCEEDINGS
Division 1 — Proceedings in case of certain offences
affecting administration of justice

Procedure as to offences committed in court, etc.

410. When any such offence as is described in section 175, 178, 179,
180 or 228 of the Penal Code (Cap. 224) is committed in the view
or presence of any civil or criminal court other than the High Court,
the court may cause the offender to be detained in custody and at any
time before the rising of the court on the same day may, if it thinks
fit, take cognizance of the offence and sentence the offender to a fine
not exceeding $500 or to imprisonment for a term not exceeding
3 months or to both.

Record of facts constituting offence

411.—(1) In every case referred to in section 410, the court shall
record the facts constituting the offence with the statement, if any,
made by the offender as well as the finding and sentence.

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(2) If the offence is under section 228 of the Penal Code the record
must show the nature and stage of the judicial proceeding in which
the court interrupted or insulted was sitting and the nature of the
interruption or insult.

Alternative procedure
412. If the court in any case considers that a person accused of any
of the offences referred to in section 410 and committed in its view or
presence may be better dealt with by ordinary process of law, the court,
after recording the facts constituting the offence and the statement of
the accused as provided in section 411, may direct the accused to be
prosecuted and may require security to be given for the appearance of
the accused before a Magistrate’s Court or, if sufficient security is not
given, may take that person under custody to a Magistrate’s Court.

Power to remit punishment

413. When any court has under section 410 adjudged an offender
to punishment for refusing or omitting to do anything which he was
lawfully required to do or for any intentional insult or interruption,
the court may, in its discretion, discharge the offender or remit
the punishment or any part of it on his submission to the order or
requisition of the court or on apology being made to its satisfaction.

Refusal to give evidence

414.—(1) If any witness before a criminal court refuses to answer
such questions as are put to him or to produce any document in his
possession or power which the court requires him to produce and
does not offer any reasonable excuse for such refusal, that court may,
for reasons to be recorded in writing, sentence him to imprisonment
for a term which may extend to 7 days unless in the meantime he
consents to be examined and to answer or to produce the document.
(2) In the event of his persisting in his refusal, he may be dealt with
according to section 410 or 412 notwithstanding any sentence he has
undergone under this section.

Appeal
415.—(1) Any person sentenced by any court under this Division
may appeal to the High Court.
2012 Ed. Criminal Procedure Code CAP. 68 243

(2) Division 1 of Part XX shall, so far as it is applicable, apply to

appeals under this section and the appellate court may alter or reverse
the finding or reduce, alter or reverse the sentence appealed against.

Magistrate not to try certain offences committed before himself

416. Except as provided in sections 410 and 414, no Magistrate shall
try any person for any offence referred to in section 10(1) when the
offence is committed before himself or in contempt of his authority or
is brought under his notice as such Magistrate in the course of a judicial
proceeding.

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 High Court for an order for review of detention.
(2) On an application by a person detained on a warrant of
extradition, the High Court shall 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.
(3) Notice of the application together with copies of all the evidence
used on the application shall be served on the Public Prosecutor.

Orders for review of detention

418. The High Court may, whenever it thinks fit, order that
a prisoner detained in any prison within the limits of Singapore shall
be —
(a) admitted to bail;
(b) brought before a court martial; or
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(c) removed from one custody to another for the purpose of trial
or for any other purpose which the Court thinks proper.

Court martial
419.—(1) Every application for a prisoner detained in custody to be
brought before a court martial for trial shall 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 he is required to
be produced.
(2) The Registrar of the Supreme Court shall submit the letter as
soon as possible after the receipt thereof to, and obtain the order
thereon of, a Judge of the High Court.
(3) If an order is made under this section, it shall be drawn up with
a direction that a warrant shall be issued accordingly and the warrant
shall 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 High Court.
(4) The warrant when issued shall 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 shall be
made to the High Court or a Judge of the High Court and shall be
supported by an affidavit stating —
(a) where the prisoner is detained in custody;
(b) to what other custody it is proposed to remove him; and
(c) the reason for the change of custody.
(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 shall be drawn up with a direction that a warrant shall be
issued accordingly.
(3) The warrant shall 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 High Court.
2012 Ed. Criminal Procedure Code CAP. 68 245

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
shall act in accordance with it and shall provide for the safe custody of
the prisoner during his 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 High Court or Judge of the High Court may
at any time adjourn the hearing for the decision of a Court consisting
of 3 or more Judges.

PART XXII
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 —
(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 VI, VII, VIII, XII and XVI of the Penal Code (Cap. 224) or
under any of the following sections of the Penal Code:
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,
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395, 396, 397, 399, 400, 401, 402, 430A, 435, 436, 437, 438, 440,
449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 489A,
489B, 489C, 489D and 506,
shall, in the absence of reasonable excuse, the burden of proving which
shall lie 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.

Irregularity in attachment
425.—(1) An attachment made under this Code shall not be
considered unlawful, nor shall any person making it be 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 referred to in subsection (1) shall not be considered
to have done wrong from the start on account of any irregularity that
he afterwards commits, but anyone wronged by the irregularity may
take such proceedings in a civil court as he thinks fit to recover damages
for any loss or harm he might have suffered.

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) Notwithstanding subsection (1), an accused committed to stand
trial in the High Court shall receive free of charge a copy of the
depositions of the witnesses recorded by the Magistrate.
(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.

Amendment of Schedules
427.—(1) The Minister may, by order published in the Gazette,
amend any of the Schedules.
2012 Ed. Criminal Procedure Code CAP. 68 247

(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) shall 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 prejudice to the generality of subsection (1), the
Minister may make regulations for or with respect to all or any of
the following matters:
(a) the rates or scales of payment of the expenses and
compensation to be ordered under section 363 and concerning
the payment of them;
(b) 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;
(c) any form which is to be used by any person in relation to
any matter under this Code;
(d) for carrying into effect the purposes of Division 2 of Part X;
(da) 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 which 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 (Cap. 97) 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;

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(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 thereof may be given,
in any proceedings which involve the use or operation
of the electronic filing service;
(e) the prescribing of anything that is required or permitted to
be prescribed under this Code.
[2/2012]

Savings and transitional provisions

429.—(1) This Code shall not affect —
(a) any inquiry, trial or other proceeding commenced or pending
under the repealed Code before 2nd 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
2nd 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 2nd January 2011 and
which remains in force or which is not complied with before
that date shall be 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 2nd January 2011 and which has not been
complied with or executed before that date shall be treated as if it
2012 Ed. Criminal Procedure Code CAP. 68 249

were a 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 shall be 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
2nd January 2011 shall be 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 2nd January
2011 shall be 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 2nd January 2011 shall be
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 2nd January
2011 which is not complied with before that date shall be 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 2nd January 2011 shall
be treated as if it were a plea of guilty by letter under section 154 and
that provision shall apply 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 2nd January 2011 shall
be treated as if it were a plea of guilty under section 226 and that
provision shall apply accordingly to the plea of guilty.
(11) Any bond executed by any person under the repealed Code
before 2nd January 2011 and which remains in force on or after
that date shall be treated as if it were a bond executed under
the corresponding provisions of this Code.
(12) Any person who is subject to the supervision of the police
under section 11 of the repealed Code shall be treated as if he were
a person subject to police supervision under section 309 of this Code.

31.8.2012
250 CAP. 68 Criminal Procedure Code 2012 Ed.

(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 2nd January 2011 shall be treated as if
the information were received or recorded under section 14 and
the police shall deal with the matter in accordance with the provisions
of this Code.
(14) Any complaint which is received by a Magistrate before
2nd January 2011 and which is not disposed of before that date, shall
be treated as if it were a complaint received by a Magistrate under
this Code and the provisions of this Code shall, 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 2nd
January 2011 shall be treated as an offence which is to be compounded
under section 243 of this Code.
(16) Notwithstanding any other provisions in this Code, Part XIX
shall, with the necessary modifications, apply 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 2nd January 2011, this
Code shall have effect as if the corresponding provision in this Code
had been in force when the period began to run; and (without prejudice
to the foregoing) any period of time so specified and current shall
be deemed for the purposes of this Code —
(a) to run from the day or event from which it was running
immediately before 2nd January 2011; and
(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 shall be 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 2nd January 2011 shall, so far as it is not
2012 Ed. Criminal Procedure Code CAP. 68 251

inconsistent with the provisions of this Code, continue to be in force

as if made under this Code until it is revoked or repealed by
subsidiary legislation made under this Code.
(19) In so far 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 shall 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
shall 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 shall be read as a reference to
this Code.
(22) Where before 2nd 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.
(23) For a period of 2 years after 2nd January 2011, the Minister
may, by regulations, prescribe such additional provisions of a savings
or transitional nature consequent on the repeal of the repealed Code
as he may consider necessary or expedient.

31.8.2012
 FIRST SCHEDULE

252
Sections 2(1), 9(2) and (3), 153(1) and (3) and 226(5)

TABULAR STATEMENT OF OFFENCES UNDER THE PENAL CODE

CAP. 68
Explanatory Notes. (1) The entries in the second and sixth columns of this Schedule, headed respectively ‘‘Offence’’ and ‘‘Maximum
punishment under the Penal Code’’ are not intended as definitions of the offences and punishments described in the several
corresponding sections of the Penal Code, 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; such offences are in the sixth column marked*.

Criminal Procedure Code

(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

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER V — ABETMENT

109 Abetment of any offence, if May arrest without According as to According as to The same The court by which
the act abetted is committed in warrant, if arrest for whether a warrant whether the offence punishment as for the offence abetted
consequence, and where no the offence abetted or summons may abetted is bailable the offence abetted is triable
express provision is made for may be made issue for the offence or not
its punishment without warrant but abetted
not otherwise

110 Abetment of any offence, if Ditto Ditto Ditto Ditto Ditto

2012 Ed.
the person abetted does the
act with a different intention
from that of the abettor
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

111 Abetment of any offence, Ditto Ditto Ditto The same Ditto

Criminal Procedure Code

when one act is abetted and a punishment as for
different act is done; subject to the offence intended
the proviso to be abetted

113 Abetment of any offence, Ditto Ditto Ditto The same Ditto
when an effect is caused by punishment as for
the act abetted different from the offence
that intended by the abettor committed

114 Abetment of any offence, if Ditto Ditto Ditto Ditto Ditto

the abettor is present when the
offence is committed

115 Abetment of an offence Ditto Ditto Not bailable Imprisonment for Ditto
punishable with death or 7 years, and fine
imprisonment for life, if the
offence is not committed in
consequence of the abetment

115 If an act which causes harm is Ditto Ditto Ditto Imprisonment for Ditto

CAP. 68
done in consequence of the 14 years, and fine
abetment
31.8.2012

253
 FIRST SCHEDULE — continued

254
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

116 Abetment of an offence Ditto Ditto According as to Imprisonment Ditto

punishable with imprisonment, whether the offence extending to a
if the offence is not committed abetted is bailable quarter of the
in consequence of the or not longest term

Criminal Procedure Code

abetment provided for the
offence, or fine,
or both

116 If the abettor or the person Ditto Ditto Ditto Imprisonment Ditto
abetted is a public servant extending to half of
whose duty it is to prevent the longest term
the offence provided for the
offence, or fine,
or both

117 Abetting the commission of Ditto Ditto Ditto Imprisonment for Ditto
an offence by the public, or by 5 years, or fine,
more than 10 persons or both

118 Concealing a design to commit Ditto Ditto Not bailable Imprisonment for Ditto
an offence punishable with 7 years, and fine
death or imprisonment for life,
if the offence is committed

118 If the offence is not committed Ditto Ditto Ditto Imprisonment for Ditto

2012 Ed.
3 years, and fine
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

119 A public servant concealing Ditto Ditto According as to Imprisonment Ditto

Criminal Procedure Code

a design to commit an offence whether the offence extending to half of
which it is his duty to prevent, abetted is bailable the longest term
if the offence is committed or not provided for the
offence, or fine,
or both

119 If the offence is punishable Ditto Ditto Not bailable Imprisonment for Ditto
with death or imprisonment 15 years, and fine
for life

119 If the offence is not committed Ditto Ditto According as to Imprisonment Ditto
whether the offence extending to a
abetted is bailable quarter of the
or not longest term
provided for the
offence, or fine,
or both

119 If the offence is punishable Ditto Ditto Not bailable Imprisonment for Ditto
with death or imprisonment 7 years, and fine

CAP. 68
for life but is not committed
31.8.2012

255
 FIRST SCHEDULE — continued

256
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

120 Concealing a design to commit Ditto Ditto According as to Imprisonment Ditto

an offence punishable with whether the offence extending to a
imprisonment, if the offence is is bailable or not quarter of the
committed longest term

Criminal Procedure Code

provided for the
offence, or fine,
or both

120 If the offence is not committed Ditto Ditto Ditto Imprisonment Ditto
extending to
one-eighth of the
longest term
provided for the
offence, or fine,
or both

CHAPTER VA — CRIMINAL CONSPIRACY

120B Criminal conspiracy May arrest without According as to According as to The same The court by which
warrant if arrest for whether warrant or whether the offence punishment as if the the offence which is
the offence which is summons may issue which is the object offence which is the the object of the
the object of the for the offence of the conspiracy is object of the conspiracy is triable
conspiracy may be which is the object bailable or not conspiracy was
made without of the conspiracy abetted
warrant, but not

2012 Ed.
otherwise
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER VI — OFFENCES AGAINST THE STATE

Criminal Procedure Code

121 Waging or attempting to wage May arrest without Warrant Not bailable Death, or
war, or abetting the waging of warrant imprisonment for
war, against the Government life, and fine

121A Offences against the Ditto Ditto Ditto Ditto

President’s person

121B Offences against authority Ditto Ditto Ditto Imprisonment for

life, and fine

121C Abetting offences under Ditto Ditto Ditto Punishment

section 121A or 121B provided for
offences under
section 121A or
121B

121D Intentional omission to give Ditto Ditto Ditto Imprisonment for District Court
information of offences against 10 years, or fine,
section 121, 121A, 121B or or both

CAP. 68
121C

122 Collecting arms, etc., with the Ditto Ditto Ditto Imprisonment for
intention of waging war life, or
31.8.2012

against the Government imprisonment for

20 years, and fine

257
 FIRST SCHEDULE — continued

258
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

123 Concealing with intent to Ditto Ditto Ditto Imprisonment for

facilitate a design to wage war 15 years, and fine

124 Assaulting the President, etc., Ditto Ditto Ditto Imprisonment for
with intent to compel or life, or

Criminal Procedure Code

restrain the exercise of any imprisonment for
lawful power 20 years, and fine

125 Waging war against any power Ditto Ditto Ditto Imprisonment for
in alliance or at peace with the life, or
Government or abetting the imprisonment for
waging of such war 15 years, and fine,
or fine

126 Committing depredation on Ditto Ditto Ditto Imprisonment for District Court
the territories of any power in 10 years, and fine,
alliance or at peace with the and forfeiture of
Government certain property

127 Receiving property taken by Ditto Ditto Ditto Imprisonment for Ditto
war or depredation mentioned 7 years, and fine,
in sections 125 and 126 and forfeiture of
property so received

128 Public servant voluntarily Ditto Ditto Ditto Imprisonment for

2012 Ed.
allowing prisoner of State or life, or
war in his custody to escape imprisonment for
15 years, and fine
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

129 Public servant negligently Ditto Ditto Ditto Imprisonment for District Court

Criminal Procedure Code

suffering prisoner of State or 7 years, and fine
war in his custody to escape

130 Aiding escape of, rescuing, or Ditto Ditto Ditto Imprisonment for
harbouring, such prisoner, or life, or
offering any resistance to the imprisonment for
recapture of such prisoner 15 years, and fine

CHAPTER VIA — PIRACY

130B Piracy by law of nations May arrest without Warrant Not bailable Imprisonment for
warrant life, and caning

130B While committing or Ditto Ditto Ditto Death

attempting to commit piracy,
the person commits murder or
attempts to commit murder, or
does any act which is likely to
endanger the life of another
person

CAP. 68
130C Piratical acts Ditto Ditto Ditto Imprisonment for
15 years, and caning
31.8.2012

259
 FIRST SCHEDULE — continued

260
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER VIB — GENOCIDE

130E Genocide where offence May arrest without Warrant Not bailable Death
consists of the killing of any warrant
person

Criminal Procedure Code

130E Genocide in any other case Ditto Ditto Ditto Imprisonment for
life, or
imprisonment for
20 years

CHAPTER VII — OFFENCES RELATING TO THE ARMED FORCES

131 Abetting mutiny, or attempting May arrest without Warrant Not bailable Imprisonment for
to seduce an officer, a sailor, a warrant life, or
soldier or an airman from his imprisonment for
allegiance or duty 10 years, and fine

132 Abetment of mutiny, if mutiny Ditto Ditto Ditto Death, or

is committed in consequence imprisonment for
thereof life, or
imprisonment for
10 years, and fine

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

133 Abetment of an assault by an Ditto Ditto Ditto Imprisonment for Magistrate’s Court

Criminal Procedure Code

officer, a sailor, a soldier or an 3 years, and fine or District Court
airman on his superior officer,
when in the execution of his
office

134 Abetment of such assault, if Ditto Ditto Ditto Imprisonment for District Court
the assault is committed 7 years, and fine

135 Abetment of the desertion of Ditto Ditto Bailable Imprisonment for Magistrate’s Court
an officer, a sailor, a soldier or 2 years, or fine, or District Court
an airman or both

136 Harbouring an officer, a sailor, Ditto Ditto Ditto Ditto Ditto

a soldier or an airman who has
deserted

137 Deserter concealed on board Shall not arrest Summons Ditto Fine* Ditto
merchant vessel, through without warrant
negligence of master or person
in charge thereof

CAP. 68
138 Abetment of act of May arrest without Warrant Ditto Imprisonment for Ditto
insubordination by an officer, warrant 6 months, or fine,
a sailor, a soldier or an or both
31.8.2012

airman, if the offence is

committed in consequence

261
 FIRST SCHEDULE — continued

262
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

140 Wearing garb or carrying any Ditto Summons Ditto Imprisonment for Ditto
token used by a sailor, a 6 months, or fine*,
soldier or an airman with or both
intent that it may be believed

Criminal Procedure Code

that he is such

CHAPTER VIII — OFFENCES RELATING TO UNLAWFUL ASSEMBLY

143 Being member of an unlawful May arrest without Warrant Not bailable Imprisonment for Magistrate’s Court
assembly warrant 2 years, or fine, or District Court
or both

144 Joining an unlawful assembly Ditto Ditto Ditto Imprisonment for Ditto
armed with any deadly weapon 5 years, or fine,
or caning, or any
combination of such
punishments

145 Joining or continuing in an Ditto Ditto Ditto Imprisonment for Ditto

unlawful assembly, knowing 5 years, or fine,
that it has been commanded to or both
disperse

147 Rioting Ditto Ditto Ditto Imprisonment for Ditto

7 years, and caning

2012 Ed.
148 Rioting, armed with a deadly Ditto Ditto Ditto Imprisonment for Ditto
weapon 10 years, and caning
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

149 Offence committed by member According as to According as to According as to The same as for The court by which

Criminal Procedure Code

of an unlawful assembly, other whether arrest may whether a warrant whether the offence the offence offence is triable
members guilty be made without or summons may is bailable or not
warrant for the issue for the offence
offence or not

150 Hiring, engaging or employing May arrest without According to the Ditto The same as for a Ditto
persons to take part in an warrant offence committed member of such
unlawful assembly by the person hired, assembly, and for
engaged or any offence
employed committed by any
member of such
assembly

151 Knowingly joining or Ditto Warrant Not bailable Imprisonment for Magistrate’s Court
continuing in any assembly of 2 years, or fine, or District Court
5 or more persons after it has or both
been commanded to disperse

152 Assaulting or obstructing Ditto Ditto Ditto Imprisonment for Ditto

public servant when 8 years, or fine,

CAP. 68
suppressing riot, etc. or both

153 Wantonly giving provocation Ditto Ditto Ditto Imprisonment for Ditto
with intent to cause riot, if 3 years, or fine,
31.8.2012

rioting is committed or both

263
 FIRST SCHEDULE — continued

264
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

153 If not committed Ditto Ditto Bailable Imprisonment for Ditto

one year, or fine,
or both

154 Owner or occupier of land not Shall not arrest Summons Ditto Fine* Ditto

Criminal Procedure Code

giving information of riot, etc. without warrant

155 Person for whose benefit or on Ditto Ditto Ditto Fine Ditto
whose behalf a riot takes place
not using all lawful means to
prevent it

156 Agent of owner or occupier Ditto Ditto Ditto Ditto Ditto

for whose benefit a riot is
committed not using all lawful
means to prevent it

157 Harbouring persons hired for May arrest without Warrant Not bailable Imprisonment for Ditto
an unlawful assembly warrant 2 years, or fine,
or both

158 Being hired to take part in an Ditto Ditto Ditto Ditto Ditto
unlawful assembly or riot

158 Or to go armed Ditto Ditto Ditto Imprisonment for Ditto

2012 Ed.
5 years, or fine,
or both
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER IX — OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Criminal Procedure Code

161 Being or expecting to be a May arrest without Warrant Bailable Imprisonment for Magistrate’s Court
public servant, and taking a warrant 3 years, or fine, or District Court
gratification other than legal or both
remuneration in respect of an
official act

162 Taking a gratification in order, Ditto Ditto Ditto Ditto Ditto

by corrupt or illegal means, to
influence a public servant

163 Taking a gratification for the Ditto Ditto Ditto Imprisonment for Ditto
exercise of personal influence one year, or fine,
with a public servant or both

164 Abetment by public servant of Ditto Ditto Ditto Imprisonment for Ditto
the offences defined in 3 years, or fine,
sections 162 and 163 with or both
reference to himself

CAP. 68
165 Public servant obtaining any Shall not arrest Summons Ditto Imprisonment for Ditto
valuable thing, without without warrant 2 years, or fine,
consideration, from a person or both
concerned in any proceeding
31.8.2012

or business transacted by the

public servant

265
 FIRST SCHEDULE — continued

266
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

166 Public servant disobeying a Ditto Ditto Ditto Imprisonment for Ditto
direction of the law with intent one year, or fine,
to cause injury to any person or both

167 Public servant framing an Ditto Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

incorrect document or 3 years, or fine,
electronic record with intent to or both
cause injury

168 Public servant unlawfully Ditto Ditto Ditto Imprisonment for Ditto
engaging in trade one year, or fine,
or both

169 Public servant unlawfully Ditto Ditto Ditto Imprisonment for Ditto
buying or bidding for property 2 years, or fine,
or both, and
confiscation of
property, if
purchased

170 Personating a public servant May arrest without Warrant Ditto Imprisonment for Ditto
warrant 2 years, or fine,
or both

171 Wearing garb or carrying Ditto Ditto Ditto Imprisonment for Ditto

2012 Ed.
token used by public servant 6 months, or fine*,
with fraudulent intent or both
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER X — CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Criminal Procedure Code

172 Absconding to avoid service of May arrest without Warrant Bailable Imprisonment for Magistrate’s Court
summons or other proceeding warrant one month, or fine*, or District Court
from a public servant or both

172 If summons or notice requires Ditto Ditto Ditto Imprisonment for Ditto
attendance in person, etc., in 6 months, or fine*,
a court of justice or both

173 Preventing the service or the Ditto Ditto Ditto Imprisonment for Ditto
affixing of any summons or one month, or fine*,
notice, or the removal of it or both
when it has been affixed, or
preventing a proclamation

173 If summons, etc., requires Ditto Ditto Ditto Imprisonment for Ditto
attendance in person, etc., in 6 months, or fine*,
a court of justice or both

174 Not obeying a legal order to Ditto Ditto Ditto Imprisonment for Ditto

CAP. 68
attend at a certain place in one month, or fine*,
person or by agent, or or both
departing therefrom without
authority
31.8.2012

267
 FIRST SCHEDULE — continued

268
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

174 If the order requires personal Ditto Ditto Ditto Imprisonment for Ditto
attendance, etc., in a court of 6 months, or fine*,
justice or both

175 Intentionally omitting to Shall not arrest Summons Ditto Imprisonment for The court in which

Criminal Procedure Code

produce a document or an without warrant one month, or fine*, the offence is
electronic record to a public or both committed subject
servant by a person legally to the provisions of
bound to produce or deliver Division 1 of
such document or electronic Part XXI, or if not
record committed in a
court, a District
Court

175 If the document or electronic Ditto Ditto Ditto Imprisonment for Ditto
record is required to be 6 months, or fine*,
produced in or delivered to or both
a court of justice

176 Intentionally omitting to give Ditto Ditto Ditto Imprisonment for Magistrate’s Court
notice or information to a one month, or fine*, or District Court
public servant by a person or both
legally bound to give the
notice or information

2012 Ed.
176 If the notice or information Ditto Ditto Ditto Imprisonment for Ditto
required respects the 6 months, or fine*,
commission of an offence, etc. or both
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

177 Knowingly furnishing false Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

information to a public servant

177 If the information required Ditto Ditto Ditto Imprisonment for Ditto
respects the commission of 3 years, or fine,
an offence, etc. or both

178 Refusing oath when duly Ditto Ditto Ditto Imprisonment for The court in which
required to take an oath by 6 months, or fine*, the offence is
a public servant or both committed, subject
to the provisions of
Division 1 of
Part XXI, or if not
committed in a
court, a District
Court

179 Being legally bound to state Ditto Ditto Ditto Ditto Ditto
truth, and refusing to answer
questions to a public servant

CAP. 68
180 Refusing to sign a statement Ditto Ditto Ditto Imprisonment for Ditto
made to a public servant when 3 months, or fine*,
legally required to do so or both
31.8.2012

181 Knowingly stating to a public Ditto Warrant Ditto Imprisonment for Magistrate’s Court
servant on oath as true that 3 years, and fine or District Court

269
which is false
 FIRST SCHEDULE — continued

270
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

182 Giving false information to Ditto Summons Ditto Imprisonment for Ditto
a public servant in order to one year, or fine*,
cause him to use his lawful or both
power to the injury or

Criminal Procedure Code

annoyance of any person

183 Resistance to the taking of May arrest without Warrant Ditto Imprisonment for Ditto
property by the lawful warrant 6 months, or fine*,
authority of a public servant or both

184 Obstructing sale of property Shall not arrest Summons Ditto Imprisonment for Ditto
offered for sale by authority of without warrant one month, or fine*,
a public servant or both

185 Bidding by a person under a Ditto Ditto Ditto Ditto Ditto

legal incapacity to purchase it,
for property at a lawfully
authorised sale, or bidding
without intending to perform
the obligations incurred
thereby

186 Obstructing public servant in Ditto Ditto Ditto Imprisonment for Ditto
discharge of his public 3 months, or fine*,
functions or both

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

187 Omission to assist public May arrest without Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

servant when bound by law to warrant one month, or fine*,
give such assistance or both

187 Wilfully neglecting to aid a Ditto Ditto Ditto Imprisonment for Ditto
public servant who demands 6 months, or fine*,
aid in the execution of process, or both
the prevention of offences, etc.

188 Disobedience to an order Shall not arrest Ditto Ditto Imprisonment for Ditto
lawfully promulgated by a without warrant one month, or fine*,
public servant, if such or both
disobedience causes
obstruction, annoyance or
injury to persons lawfully
employed

188 If such disobedience causes Ditto Warrant Ditto Imprisonment for Ditto
danger to human life, health or 6 months, or fine*,
safety, etc. or both

CAP. 68
189 Threatening a public servant Ditto Ditto Ditto Imprisonment for Ditto
with injury to him, or one in 2 years, or fine,
whom he is interested, to or both
induce him to do or forbear to
31.8.2012

do any official act

271
 FIRST SCHEDULE — continued

272
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

190 Threatening any person to Ditto Ditto Ditto Imprisonment for Ditto
induce him to refrain from one year, or fine,
making a legal application for or both
protection from injury

Criminal Procedure Code

CHAPTER XI — FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

193 Giving or fabricating false Shall not arrest Warrant Bailable Imprisonment for District Court
evidence in a judicial without warrant 7 years, and fine
proceeding

193 Giving or fabricating false Ditto Ditto Ditto Imprisonment for Magistrate’s Court
evidence in any other case 3 years, and fine or District Court

194 Giving or fabricating false May arrest without Ditto Not bailable Imprisonment for
evidence with intent to cause warrant life, or
any person to be convicted of imprisonment for
a capital offence 20 years, and fine

194 If innocent person is thereby Ditto Ditto Ditto Death, or as above

convicted and executed

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

195 Giving or fabricating false According as to Ditto Ditto The same as for the The court by which

Criminal Procedure Code

evidence with intent to whether arrest may offence the offence is
procure conviction of an be made without triable
offence punishable with warrant for the
imprisonment for life or offence or not
imprisonment for 7 years or
upwards

196 Corruptly using or attempting Shall not arrest Ditto Bailable The same as for The court by which
to use evidence known to be without warrant giving or fabricating the offence of
false or fabricated false evidence giving or fabricating
evidence is triable

197 Knowingly issuing or signing a Ditto Ditto Ditto The same as for Ditto
false certificate relating to any giving false evidence
fact of which that certificate is
by law admissible in evidence

198 Using as a true certificate one Ditto Ditto Ditto Ditto Ditto
known to be false in a material
point

CAP. 68
199 False statement made in any Ditto Ditto Ditto Ditto Ditto
declaration which is by law
receivable as evidence
31.8.2012

200 Using as true any such Ditto Ditto Ditto Ditto Ditto

273
declaration known to be false
 FIRST SCHEDULE — continued

274
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

201 Causing disappearance of According as to Ditto Not bailable Imprisonment for District Court
evidence of an offence whether arrest may 10 years, and fine
committed, or giving false be made without
information touching it, to warrant for the

Criminal Procedure Code

screen the offender, if the offence or not
offence is capital

201 If punishable with Ditto Ditto Ditto Imprisonment for Magistrate’s Court
imprisonment for life or 7 years, and fine or District Court
imprisonment for 20 years

201 If punishable with Ditto Ditto Bailable Imprisonment for Ditto

imprisonment for less than a quarter of the
20 years longest term
provided for the
offence, or fine,
or both

202 Intentional omission to give Shall not arrest Summons Ditto Imprisonment for Ditto
information of an offence by a without warrant 6 months, or fine,
person legally bound to inform or both

203 Giving false information Ditto Warrant Ditto Imprisonment for Ditto
respecting an offence 2 years, or fine,
committed or both

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

204 Secreting or destroying any Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

document or electronic record
to prevent its production as
evidence

204A Obstructing, preventing, Ditto Ditto Ditto Imprisonment for District Court
perverting or defeating course 7 years, or fine,
of justice or both

204B Bribery of witnesses Ditto Ditto Ditto Ditto Ditto

205 False personation for the Ditto Ditto Ditto Imprisonment for Magistrate’s Court
purpose of any act or 3 years, or fine, or District Court
proceeding in a suit or or both
criminal prosecution, or for
becoming bail or security

206 Fraudulent removal or Ditto Ditto Ditto Imprisonment for Ditto

concealment, etc., of property 2 years, or fine,
to prevent its seizure as a or both
forfeiture or in satisfaction of

CAP. 68
a fine under sentence, or in
execution of a decree
31.8.2012

275
 FIRST SCHEDULE — continued

276
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

207 Claiming property without Ditto Ditto Ditto Ditto Ditto

right, or practising deception
touching any right to it, to
prevent its being taken as a

Criminal Procedure Code

forfeiture, or in satisfaction of
a fine under sentence, or in
execution of a decree

208 Fraudulently suffering a decree Ditto Ditto Ditto Ditto Ditto

to pass for a sum not due, or
suffering decree to be
executed after it has been
satisfied

209 False claim in a court of Ditto Ditto Ditto Imprisonment for Ditto
justice 2 years, and fine

210 Fraudulently obtaining a Ditto Ditto Ditto Imprisonment for Ditto

decree for a sum not due, or 2 years, or fine,
causing a decree to be or both
executed after it has been
satisfied

211 False charge of offence made Ditto Ditto Ditto Ditto Ditto
with intent to injure

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

211 If offence charged is May arrest without Ditto Ditto Imprisonment for District Court

Criminal Procedure Code

punishable with death, or warrant 7 years, and fine
imprisonment for 7 years or
upwards

212 Harbouring an offender, if the Ditto Ditto Ditto Imprisonment for Ditto
offence is capital 10 years, and fine

212 If punishable with Ditto Ditto Ditto Imprisonment for Magistrate’s Court
imprisonment for life or 7 years, and fine or District Court
imprisonment for 20 years

212 If punishable with Ditto Ditto Ditto Imprisonment for Ditto

imprisonment for one year and a quarter of the
not for 20 years longest term
provided for the
offence, or fine,
or both

213 Taking gift, etc., to screen an According as to Ditto Ditto Imprisonment for District Court
offender from punishment, if whether arrest may 10 years, and fine

CAP. 68
the offence is capital be made without
warrant for the
offence or not
31.8.2012

213 If punishable with Ditto Ditto Ditto Imprisonment for Magistrate’s Court
imprisonment for life or 7 years, and fine or District Court

277
imprisonment for 20 years
 FIRST SCHEDULE — continued

278
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

213 If punishable with Ditto Ditto Ditto Imprisonment for Ditto

imprisonment for less than a quarter of the
20 years longest term
provided for the

Criminal Procedure Code

offence, or fine,
or both

214 Offering gift or restoration of Ditto Ditto Ditto Imprisonment for District Court
property in consideration of 10 years, and fine
screening offender, if the
offence is capital

214 If punishable with Ditto Ditto Ditto Imprisonment for Magistrate’s Court
imprisonment for life or 7 years, and fine or District Court
imprisonment for 20 years

214 If punishable with Ditto Ditto Ditto Imprisonment for Ditto

imprisonment for less than a quarter of the
20 years longest term
provided for the
offence, or fine,
or both

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

215 Taking gift to help to recover Shall not arrest Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

movable property of which a without warrant 2 years, or fine,
person has been deprived by or both
an offence, without causing
apprehension of offender

216 Harbouring an offender who May arrest without Ditto Ditto Imprisonment for District Court
has escaped from custody, or warrant 10 years, and fine
whose apprehension has been
ordered, if the offence is
capital

216 If punishable with Ditto Ditto Ditto Imprisonment for Magistrate’s Court
imprisonment for life or 7 years, and fine or District Court
imprisonment for 20 years

216 If punishable with Ditto Ditto Ditto Imprisonment for Ditto

imprisonment for one year and a quarter of the
not for 20 years longest term
provided for the
offence, or fine,

CAP. 68
or both

216A Harbouring robbers or Ditto Ditto Ditto Imprisonment for District Court
gang-robbers 7 years, and fine
31.8.2012

279
 FIRST SCHEDULE — continued

280
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

217 Public servant disobeying a Shall not arrest Summons Ditto Imprisonment for Magistrate’s Court
direction of law with intent to without warrant 2 years, or fine, or District Court
save person from punishment, or both
or property from forfeiture

Criminal Procedure Code

218 Public servant framing an Ditto Warrant Ditto Imprisonment for Ditto
incorrect record or writing 3 years, or fine,
with intent to save person or both
from punishment, or property
from forfeiture

219 Public servant in a judicial Ditto Ditto Ditto Imprisonment for District Court
proceeding corruptly making 7 years, or fine,
or pronouncing an order, a or both
report, a verdict or a decision
which he knows to be contrary
to law

220 Commitment for trial or Ditto Ditto Ditto Ditto Ditto

confinement by a person
having authority, who knows
that he is acting contrary to
law

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

221 Intentional omission to According as to Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

apprehend on the part of a whether arrest may 10 years, and fine
public servant bound by law be made without
to apprehend an offender, if warrant for the
the offence is capital offence or not

221 If punishable with Ditto Ditto Ditto Imprisonment for Magistrate’s Court
imprisonment for life or 7 years, and fine or District Court
imprisonment for 20 years

221 If punishable with Ditto Ditto Ditto Imprisonment for Ditto

imprisonment for less than 5 years, or fine,
20 years or both

222 Intentional omission to Ditto Ditto Not bailable Imprisonment for

apprehend on the part of a life, or
public servant bound by law imprisonment for
to apprehend person under 20 years, and fine
sentence of a court of justice,
if under sentence of death

CAP. 68
222 If under sentence of Ditto Ditto Ditto Imprisonment for District Court
imprisonment for 20 years 10 years, and fine
or upwards
31.8.2012

281
 FIRST SCHEDULE — continued

282
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

222 If under sentence of Ditto Ditto Bailable Imprisonment for Magistrate’s Court
imprisonment for less than 7 years, or fine, or District Court
20 years, or lawfully or both
committed to custody

Criminal Procedure Code

223 Escape from confinement Shall not arrest Summons Ditto Imprisonment for Ditto
negligently suffered by a without warrant 2 years, or fine,
public servant or both

224 Resistance or obstruction by May arrest without Warrant Ditto Ditto Ditto
a person to his lawful warrant
apprehension

225 Resistance or obstruction to Ditto Ditto Ditto Imprisonment for Ditto

the lawful apprehension of 5 years, or fine,
another person, or rescuing or both
him from lawful custody

225 If charged with an offence Ditto Ditto Not bailable Imprisonment for Ditto
punishable with imprisonment 7 years, and fine
for life or imprisonment for
20 years

225 If charged with a capital Ditto Ditto Ditto Imprisonment for District Court
offence 10 years, and fine

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

225 If the person is sentenced to Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

imprisonment for 10 years or
upwards

225 If under sentence of death Ditto Ditto Ditto Imprisonment for

life, or
imprisonment for
15 years, and fine

225A Intentional omission to Ditto Ditto Bailable Imprisonment for Magistrate’s Court
apprehend on the part of a 3 years, or fine, or District Court
public servant bound by law or both
to apprehend any person in a
case not provided for by
section 221, 222 or 223

225A Negligent omission to do same Ditto Ditto Ditto Imprisonment for Ditto
2 years, or fine,
or both

225B Resistance or obstruction by Ditto Ditto Ditto Imprisonment for Ditto

CAP. 68
a person to the lawful one year, or fine,
apprehension of himself or any or both
other person in a case not
otherwise provided for
31.8.2012

283
 FIRST SCHEDULE — continued

284
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

225C Illegal act or omission for Shall not arrest Summons Ditto Fine* Ditto
which punishment is not without warrant
provided

226 Unlawful return from May arrest without Warrant Not bailable Imprisonment for

Criminal Procedure Code

banishment warrant the original term of
banishment or
expulsion, and fine

227 Violation of condition of Shall not arrest Ditto Ditto Punishment of

remission of punishment without warrant original sentence,
or, if part of the
punishment has
been undergone,
the residue

228 Intentional insult or Ditto Summons Bailable Imprisonment for The court in which
interruption to a public servant one year, or fine*, the offence is
sitting in any stage of a judicial or both committed, subject
proceeding to the provisions of
Division 1 of
Part XXI

229 Personation of an assessor May arrest without Ditto Ditto Imprisonment for Magistrate’s Court
warrant 2 years, or fine, or District Court

2012 Ed.
or both
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER XII — OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

Criminal Procedure Code

231 Counterfeiting, or performing May arrest without Warrant Not bailable Imprisonment for District Court
any part of the process of warrant 7 years, and fine
counterfeiting coin

232 Counterfeiting, or performing Ditto Ditto Ditto Imprisonment for Ditto

any part of the process of 10 years, and fine
counterfeiting current coin

233 Making, buying or selling Ditto Ditto Ditto Imprisonment for Magistrate’s Court
instrument for the purpose of 3 years, and fine or District Court
counterfeiting coin

234 Making, buying or selling Ditto Ditto Ditto Imprisonment for District Court
instrument for the purpose of 7 years, and fine
counterfeiting current coin

235 Possession of instrument or Ditto Ditto Ditto Imprisonment for Magistrate’s Court
material for the purpose of 3 years, and fine or District Court
using the same for

CAP. 68
counterfeiting coin

235 If current coin Ditto Ditto Ditto Imprisonment for District Court
7 years, and fine
31.8.2012

285
 FIRST SCHEDULE — continued

286
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

236 Abetting in Singapore the Ditto Ditto Ditto The punishment Ditto
counterfeiting out of Singapore provided for
of coin or current coin abetting the
counterfeiting of

Criminal Procedure Code

such coin or current
coin within
Singapore

237 Import or export of counterfeit Ditto Ditto Ditto Imprisonment for Magistrate’s Court
coin, knowing the same to be 3 years, and fine or District Court
counterfeit

238 Import or export of Ditto Ditto Ditto Imprisonment for District Court
counterfeits of current coin, 10 years, and fine
knowing the same to be
counterfeit

239 Having any counterfeit coin Ditto Ditto Ditto Imprisonment for Magistrate’s Court
known to be such when it 5 years, and fine or District Court
came into possession, and
delivering, etc., the same to
any person

240 The same with respect to Ditto Ditto Ditto Imprisonment for District Court
current coin 7 years, and fine

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

241 Knowingly delivering to Ditto Ditto Ditto Imprisonment for Magistrate’s Court

Criminal Procedure Code

another any counterfeit coin as 2 years, or fine*, or District Court
genuine which, when first or both
possessed, the deliverer did
not know to be counterfeit

241A Delivery to another of current Ditto Ditto Ditto Imprisonment for Magistrate’s Court
coin as genuine which, when 5 years, or fine, or District Court
first possessed, the deliverer or both
did not know to be counterfeit

242 Possession of counterfeit coin Ditto Ditto Ditto Imprisonment for Magistrate’s Court
by a person who knew it to be 3 years, and fine or District Court
counterfeit when he became
possessed thereof

243 Possession of current coin by Ditto Ditto Ditto Imprisonment for Magistrate’s Court
a person who knew it to be 5 years, and fine or District Court
counterfeit when he became
possessed thereof

CAP. 68
246 Fraudulently diminishing the Ditto Ditto Ditto Imprisonment for Magistrate’s Court
weight or altering the 3 years, and fine or District Court
composition of any coin
31.8.2012

247 Fraudulently diminishing the Ditto Ditto Ditto Imprisonment for District Court
weight or altering the 7 years, and fine

287
composition of current coin
 FIRST SCHEDULE — continued

288
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

248 Altering appearance of any Ditto Ditto Ditto Imprisonment for Magistrate’s Court
coin with intent that it shall 3 years, and fine or District Court
pass as a coin of a different
description

Criminal Procedure Code

249 Altering appearance of current Ditto Ditto Ditto Imprisonment for District Court
coin with intent that it shall 7 years, and fine
pass as a coin of a different
description

250 Delivery to another of coin Ditto Ditto Ditto Imprisonment for Magistrate’s Court
possessed with the knowledge 5 years, and fine or District Court
that it is altered

251 Delivery of current coin Ditto Ditto Ditto Imprisonment for Ditto
possessed with the knowledge 10 years, and fine
that it is altered

252 Possession of altered coin by Ditto Ditto Ditto Imprisonment for Magistrate’s Court
a person who knew it to be 3 years, and fine or District Court
altered when he became
possessed thereof

253 Possession of current coin by Ditto Ditto Ditto Imprisonment for Ditto
a person who knew it to be 5 years, and fine

2012 Ed.
altered when he became
possessed thereof
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

254 Delivery to another of coin as Ditto Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

genuine which, when first 2 years, or fine*
possessed, the deliverer did
not know to be altered

254A Delivery to another of current Ditto Ditto Ditto Imprisonment for Magistrate’s Court
coin as genuine which, when 5 years, or fine, or District Court
first possessed, the deliverer or both
did not know to be altered

255 Counterfeiting a Government Ditto Ditto Bailable Imprisonment for District Court
stamp 10 years, and fine

256 Having possession of an Ditto Ditto Ditto Imprisonment for Ditto

instrument or material for the 7 years, and fine
purpose of counterfeiting a
Government stamp

257 Making, buying or selling Ditto Ditto Ditto Ditto Ditto

instrument for the purpose of
counterfeiting a Government

CAP. 68
stamp

258 Sale of counterfeit Ditto Ditto Ditto Ditto Ditto

Government stamp
31.8.2012

289
 FIRST SCHEDULE — continued

290
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

259 Having possession of a Ditto Ditto Ditto Ditto Ditto

counterfeit Government stamp

260 Using as genuine a Ditto Ditto Ditto Imprisonment for Ditto

Government stamp known to 7 years, or fine,

Criminal Procedure Code

be counterfeit or both

261 Effacing any writing from Ditto Ditto Ditto Imprisonment for Magistrate’s Court
a substance bearing a 3 years, or fine, or District Court
Government stamp, or or both
removing from a document
a stamp used for it with intent
to cause loss to Government

262 Using a Government stamp Ditto Ditto Ditto Imprisonment for Ditto
known to have been before 2 years, or fine,
used or both

263 Erasure of mark denoting that Ditto Ditto Ditto Imprisonment for Ditto
stamp has been used 3 years, or fine,
or both

CHAPTER XIII — OFFENCES RELATING TO WEIGHTS AND MEASURES

264 Fraudulent use of false Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court

2012 Ed.
instrument for weighing without warrant one year, or fine, or District Court
or both
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

265 Fraudulent use of false weight Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

or measure

266 Being in possession of false Ditto Ditto Ditto Ditto Ditto

weights or measures for
fraudulent use

267 Making or selling false weights Ditto Ditto Ditto Ditto Ditto
or measures for fraudulent use

CHAPTER XIV — OFFENCES AFFECTING THE PUBLIC TRANQUILITY, PUBLIC HEALTH,

SAFETY, CONVENIENCE, DECENCY AND MORALS

267B Committing affray May arrest without Warrant Not bailable Imprisonment for Magistrate’s Court
warrant one year, or fine*, or District Court
or both

267C Making, printing, etc., Ditto Ditto Ditto Imprisonment for Ditto
document containing 5 years, or fine,
incitement to violence, etc. or both

CAP. 68
269 Negligently doing any act Ditto Summons Bailable Imprisonment for Ditto
known to be likely to spread one year, or fine,
infection of any disease or both
dangerous to life
31.8.2012

291
 FIRST SCHEDULE — continued

292
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

270 Malignantly doing any act Ditto Warrant Ditto Imprisonment for Ditto
known to or likely to spread 4 years, or fine,
infection of any disease or both
dangerous to life

Criminal Procedure Code

271 Knowingly disobeying any Shall not arrest Summons Ditto Imprisonment for Ditto
quarantine rule without warrant 2 years, or fine,
or both

272 Adulterating food or drink Ditto Ditto Ditto Imprisonment for Ditto
intended for sale, so as to 6 months, or fine*,
make the same noxious or both

273 Selling any food or drink as Ditto Ditto Ditto Ditto Ditto
food and drink knowing the
same to be noxious

274 Adulterating any drug or Ditto Ditto Ditto Ditto Ditto

medical preparation intended
for sale so as to lessen its
efficacy, or to change its
operation, or to make it
noxious

275 Offering for sale or issuing Ditto Ditto Ditto Ditto Ditto

2012 Ed.
from a dispensary any drug or
medical preparation known to
have been adulterated
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

276 Knowingly selling or issuing Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

from a dispensary any drug or
medical preparation as a
different drug or medical
preparation

277 Fouling the water of a public May arrest without Ditto Ditto Imprisonment for Ditto
spring or reservoir warrant one year, or fine*,
or both

278 Making atmosphere noxious to Shall not arrest Ditto Ditto Ditto Ditto
health without warrant

279 Driving or riding on a public May arrest without Ditto Ditto Ditto Ditto
way so rashly or negligently as warrant
to endanger human life, etc.

280 Navigating any vessel so rashly Ditto Ditto Ditto Ditto Ditto
or negligently as to endanger
human life, etc.

CAP. 68
281 Exhibition of a false light, Ditto Warrant Ditto Imprisonment for District Court
mark or buoy 7 years, or fine,
or both
31.8.2012

293
 FIRST SCHEDULE — continued

294
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

282 Conveying for hire any person Ditto Summons Ditto Imprisonment for Magistrate’s Court
by water, in a vessel in such one year, or fine*, or District Court
a state, or so loaded, as to or both
endanger his life

Criminal Procedure Code

283 Causing danger, obstruction or Ditto Ditto Ditto Fine* Ditto
injury in any public way or
line of navigation

284 Dealing with any poisonous Ditto Ditto Ditto Imprisonment for Ditto
substance so as to endanger one year, or fine*,
human life, etc. or both

285 Dealing with fire or any Ditto Ditto Ditto Ditto Ditto
combustible matter so as to
endanger human life, etc.

286 Dealing with any explosive Ditto Ditto Ditto Ditto Ditto
substance so as to endanger
human life, etc.

287 Dealing with any machinery so Ditto Ditto Ditto Ditto Ditto
as to endanger human life, etc.

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

288 Omitting to take order to Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

guard against probable danger
to human life by the fall of
any building being pulled
down or repaired

289 Omitting to take order with Ditto Ditto Ditto Ditto Ditto
any animal in person’s
possession, so as to guard
against danger to human life,
or to grievous hurt, from that
animal

290 Committing a public nuisance Ditto Ditto Ditto Fine* Ditto

291 Continuance of nuisance after Ditto Ditto Ditto Imprisonment for Ditto
injunction to discontinue 6 months, or fine,
or both

292 Sale, etc., of obscene books, Ditto Warrant Ditto Imprisonment for Ditto
etc. 3 months, or fine,

CAP. 68
or both

293 Sale, etc., of obscene objects Ditto Ditto Ditto Imprisonment for Ditto
to persons under the age of one year, or fine,
31.8.2012

21 years or both

295
 FIRST SCHEDULE — continued

296
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

294 Doing obscene act or reciting Ditto Ditto Ditto Imprisonment for Ditto
obscene song in a public place 3 months, or fine,
or both

CHAPTER XV — OFFENCES RELATING TO RELIGION OR RACE

Criminal Procedure Code

295 Destroying, damaging, or May arrest without Summons Bailable Imprisonment for Magistrate’s Court
defiling a place of worship or warrant 5 years, or fine, or District Court
sacred object with intent to or both
insult the religion of any class
of persons

296 Causing a disturbance to an Ditto Ditto Ditto Imprisonment for Ditto

assembly engaged in religious 3 years, or fine,
worship or both

297 Trespassing in place of Ditto Ditto Ditto Ditto Ditto

worship or sepulture,
disturbing funeral, with
intention to wound the feelings
or to insult the religion of any
person, or offering indignity to
a human corpse

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

298 Uttering any word or making Shall not arrest Ditto Ditto Ditto Ditto

Criminal Procedure Code

any sound in the hearing, or without warrant
making any gesture, or placing
any object in the sight of any
person or causing any matter
however represented to be
seen or heard by that person,
with intention to wound his
religious or racial feelings

298A Promoting enmity between Ditto Ditto Ditto Ditto Ditto

different groups on grounds of
religion or race, and doing acts
prejudicial to maintenance of
harmony

CHAPTER XVI — OFFENCES AFFECTING THE HUMAN BODY

Offences affecting life

302 Murder May arrest without Warrant Not bailable Death

CAP. 68
warrant

304(a) Culpable homicide not Ditto Ditto Ditto Imprisonment for

amounting to murder if act by life, or
31.8.2012

which the death is caused is imprisonment for

done with intention of causing 20 years, and fine,

297
death, etc. or caning
 FIRST SCHEDULE — continued

298
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

304(b) If act is done with knowledge Ditto Ditto Ditto Imprisonment for District Court
that it is likely to cause death, 10 years, or fine,
but without any intention to or caning, or any
cause death, etc. combination of such

Criminal Procedure Code

punishments

304A(a) Causing death by rash act Ditto Ditto Bailable Imprisonment for Magistrate’s Court
5 years, or fine, or District Court
or both

304A(b) Causing death by negligent act Ditto Ditto Ditto Imprisonment for Ditto
2 years, or fine,
or both

305 Abetment of suicide Ditto Ditto Not bailable Death, or

committed by a child, or imprisonment for
insane or delirious person or, life, or
an idiot, or a person imprisonment for
intoxicated 10 years, and fine

306 Abetting the commission of Ditto Ditto Ditto Imprisonment for

suicide 10 years, and fine

307(1) Attempt to murder Ditto Ditto Ditto Imprisonment for

15 years, and fine

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

307(1) If hurt is caused to any person Ditto Ditto Ditto Imprisonment for

Criminal Procedure Code

by such act life, or
imprisonment for
20 years, and caning,
or fine, or both

307(2) Attempt by life-convict to Ditto Ditto Ditto Death

murder, if hurt is caused

308 Attempt to commit culpable Ditto Ditto Ditto Imprisonment for District Court
homicide not amounting to 7 years, or fine,
murder or both

308 If hurt is caused to any person Ditto Ditto Ditto Imprisonment for
by such act 15 years, or fine,
or caning, or any
combination of such
punishments

309 Attempt to commit suicide Ditto Ditto Ditto Imprisonment for Magistrate’s Court
one year, or fine, or District Court

CAP. 68
or both

311 Infanticide Ditto Ditto Bailable Imprisonment for District Court

life, or
31.8.2012

imprisonment for
10 years, and fine

299
 FIRST SCHEDULE — continued

300
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

Causing miscarriage; injuries to unborn children; exposure of infants; and concealment of births

312 Causing miscarriage Shall not arrest Warrant Bailable Imprisonment for Magistrate’s Court
without warrant 3 years, or fine, or District Court
or both

Criminal Procedure Code

312 If the woman is quick with Ditto Ditto Ditto Imprisonment for District Court
child 7 years, and fine

313 Causing miscarriage without May arrest without Ditto Not bailable Imprisonment for
woman’s consent warrant life, or
imprisonment for
10 years, and fine

314 Death caused by an act done Ditto Ditto Ditto Imprisonment for District Court
with intent to cause 10 years, and fine
miscarriage

314 If act done without woman’s Ditto Ditto Ditto Imprisonment for
consent life, or
imprisonment for
10 years, and fine

315 Act done with intent to Ditto Ditto Ditto Imprisonment for District Court
prevent a child being born 10 years, or fine,

2012 Ed.
alive, or to cause the child to or both
die after his birth
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

316 Causing death of a quick Ditto Ditto Ditto Imprisonment for District Court

Criminal Procedure Code

unborn child by an act 10 years, and fine
amounting to culpable
homicide

317 Exposure of a child under 12 Ditto Ditto Bailable Imprisonment for District Court
years of age by parent or 7 years, or fine,
person having care of such or both
child, with intention of wholly
abandoning the child

318 Concealment of birth by secret Ditto Ditto Ditto Imprisonment for Magistrate’s Court
disposal of dead body 2 years, or fine, or District Court
or both

Hurt

323 Voluntarily causing hurt Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant 2 years, or fine*, or District Court
or both

CAP. 68
324 Voluntarily causing hurt by May arrest without Ditto Ditto Imprisonment for Ditto
dangerous weapons or means warrant 7 years, or fine,
or caning, or any
combination of such
31.8.2012

punishments

301
 FIRST SCHEDULE — continued

302
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

325 Voluntarily causing grievous Ditto Ditto Ditto Imprisonment for Ditto
hurt 10 years, and fine,
or caning

326 Voluntarily causing grievous Ditto Warrant Not bailable Imprisonment for District Court

Criminal Procedure Code

hurt by dangerous weapons or life, or
means imprisonment for
15 years, and fine,
or caning

327 Voluntarily causing hurt to Ditto Ditto Ditto Imprisonment for Ditto
extort property or a valuable 10 years, and fine,
security, or to constrain to do or caning
anything which is illegal or
which may facilitate the
commission of an offence

328 Administering stupefying drug Ditto Ditto Ditto Ditto Ditto

with intent to cause hurt, etc.

329 Voluntarily causing grievous Ditto Ditto Ditto Imprisonment for Ditto
hurt to extort property or a life, or
valuable security, or to imprisonment for
constrain to do anything which 10 years, and fine,
is illegal or which may or caning

2012 Ed.
facilitate the commission of an
offence
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

330 Voluntarily causing hurt to Ditto Ditto Bailable Imprisonment for Ditto

Criminal Procedure Code

extort confession or 7 years, and fine,
information, or to compel or caning
restoration of property, etc.

331 Voluntarily causing grievous Ditto Ditto Not bailable Imprisonment for Ditto
hurt to extort confession or 10 years, and fine,
information, or to compel or caning
restoration of property, etc.

332 Voluntarily causing hurt to Ditto Ditto Bailable Imprisonment for Magistrate’s Court
deter public servant from his 7 years, or fine, or District Court
duty or caning, or any
combination of such
punishments

333 Voluntarily causing grievous Ditto Ditto Not bailable Imprisonment for District Court
hurt to deter public servant 15 years, and fine,
from his duty or caning

334 Voluntarily causing hurt on Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court

CAP. 68
grave and sudden provocation, without warrant 3 months, or fine*, or District Court
not intending to hurt any other or both
than the person who gave the
provocation
31.8.2012

303
 FIRST SCHEDULE — continued

304
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

335 Causing grievous hurt on grave May arrest without Ditto Ditto Imprisonment for Ditto
and sudden provocation, not warrant 6 years, or fine*,
intending to hurt any other or both
than the person who gave the

Criminal Procedure Code

provocation

336(a) Doing any rash act which Ditto Ditto Ditto Imprisonment for Ditto
endangers human life or the 6 months, or fine*,
personal safety of others or both

336(b) Doing any negligent act which Ditto Ditto Ditto Imprisonment for Ditto
endangers human life or the 3 months, or fine*,
personal safety of others or both

337(a) Causing hurt by a rash act Ditto Ditto Ditto Imprisonment for Ditto
which endangers human life, one year, or fine*,
etc. or both

337(b) Causing hurt by a negligent act Ditto Ditto Ditto Imprisonment for Ditto
which endangers human life, 6 months, or fine*,
etc. or both

338(a) Causing grievous hurt by Ditto Ditto Ditto Imprisonment for Ditto
a rash act which endangers 4 years, or fine*,
human life, etc. or both

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

338(b) Causing grievous hurt by Ditto Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

a negligent act which 2 years, or fine*,
endangers human life, etc. or both

Wrongful restraint and wrongful confinement

341 Wrongfully restraining any May arrest without Summons Bailable Imprisonment for Magistrate’s Court
person warrant one month, or fine*, or District Court
or both

342 Wrongfully confining any Ditto Ditto Ditto Imprisonment for Ditto
person one year, or fine*,
or both

343 Wrongfully confining any Ditto Ditto Ditto Imprisonment for Ditto
person for 3 or more days 2 years, or fine,
or both

344 Wrongfully confining any Ditto Ditto Ditto Imprisonment for Ditto
person for 10 or more days 3 years, and fine

CAP. 68
345 Keeping any person in Ditto Ditto Ditto Imprisonment for Ditto
wrongful confinement, 2 years, in addition
knowing that a writ has been to imprisonment
issued for his liberation under any other
31.8.2012

section

305
 FIRST SCHEDULE — continued

306
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

346 Wrongful confinement in Ditto Ditto Ditto Ditto Ditto

secret

347 Wrongful confinement for the Ditto Ditto Ditto Imprisonment for Ditto
purpose of extorting property, 3 years, and fine

Criminal Procedure Code

or constraining to an illegal
act, etc.

348 Wrongful confinement for the Ditto Ditto Ditto Ditto Ditto
purpose of extorting
confession or information, or
of compelling restoration of
property, etc.

Criminal force and assault

352 Assault or use of criminal Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court
force otherwise than on grave without warrant 3 months, or fine*, or District Court
and sudden provocation or both

353 Assault or use of criminal May arrest without Warrant Not bailable Imprisonment for Ditto
force to deter a public servant warrant 4 years, or fine,
from discharge of his duty or both

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

354(1) Assault or use of criminal Ditto Ditto Bailable Imprisonment for Ditto

Criminal Procedure Code

force to a person with intent 2 years, or fine,
to outrage modesty or caning, or any
combination of such
punishments

354(2) If committed against any Ditto Ditto Ditto Imprisonment for Ditto
person under 14 years of age 5 years, or fine,
or caning, or any
combination of such
punishments

354A(1) Voluntarily causing or Ditto Ditto Not bailable Imprisonment for District Court
attempting to cause death, 10 years, and caning
hurt, etc., in committing the
offence of outraging modesty

354A(2) If committed in a lift in any Ditto Ditto Ditto Ditto Ditto

building or against any person
under 14 years of age

CAP. 68
355 Assault or use of criminal Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court
force with intent to dishonour without warrant 2 years, or fine, or District Court
a person, otherwise than on or both
grave and sudden provocation
31.8.2012

307
 FIRST SCHEDULE — continued

308
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

356 Assault or use of criminal May arrest without Warrant Not bailable Imprisonment for District Court
force in committing or warrant 7 years, and caning
attempting to commit theft of
property worn or carried by

Criminal Procedure Code

a person

357 Assault or use of criminal Ditto Ditto Bailable Imprisonment for Magistrate’s Court
force in attempting wrongfully one year, or fine*, or District Court
to confine a person or both

358 Assault or use of criminal Shall not arrest Summons Ditto Imprisonment for Ditto
force on grave and sudden without warrant one month, or fine*,
provocation or both

Kidnapping, abduction, slavery and forced labour

363 Kidnapping May arrest without Warrant Not bailable Imprisonment for District Court
warrant 10 years, and fine,
or caning

363A Abduction Ditto Ditto Ditto Imprisonment for Ditto

7 years, or fine,
or caning, or any
combination of such
punishments

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

364 Kidnapping or abducting in Ditto Ditto Ditto Death, or

Criminal Procedure Code

order to murder imprisonment for
life, and caning

365 Kidnapping or abducting with Ditto Ditto Ditto Imprisonment for District Court
intent secretly and wrongfully 10 years, and fine,
to confine a person or caning

366 Kidnapping or abducting Ditto Ditto Ditto Ditto District Court

a woman to compel her
marriage or to cause her
defilement, etc.

367 Kidnapping or abducting in Ditto Ditto Ditto Ditto District Court

order to subject a person to
grievous hurt, slavery, etc.

368 Concealing or keeping in Ditto Ditto Ditto Punishment for District Court
confinement a kidnapped kidnapping or
person abduction

CAP. 68
369 Kidnapping or abducting a Ditto Ditto Ditto Imprisonment for Ditto
child with intent to take 10 years, and fine,
property from the person of or caning
such child
31.8.2012

309
 FIRST SCHEDULE — continued

310
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

370 Buying or disposing of any Ditto Ditto Bailable Imprisonment for Ditto
person as a slave 7 years, and fine

371 Habitual dealing in slaves Ditto Ditto Not bailable Imprisonment for District Court
life, or

Criminal Procedure Code

imprisonment for
10 years, and fine

372 Selling or letting to hire Ditto Ditto Ditto Imprisonment for District Court
a minor for purposes of 10 years, and fine
prostitution, etc.

373 Buying or obtaining possession Ditto Ditto Ditto Ditto District Court
of a minor for the same
purposes

373A Importing woman by fraud Ditto Ditto Ditto Ditto District Court
with intent, etc.

374 Unlawful compulsory labour Ditto Ditto Bailable Imprisonment for Magistrate’s Court
one year, or fine, or District Court
or both

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

Sexual offences

Criminal Procedure Code

375(2) Rape May arrest without Warrant Not bailable Imprisonment for
warrant 20 years, and fine,
or caning

375(3)(a) If in order to commit or to Ditto Ditto Ditto Imprisonment for

facilitate the commission of an 20 years, and caning
offence of rape, voluntarily
causes hurt or puts a person in
fear of death or hurt

375(3)(b) Rape of woman under 14 Ditto Ditto Ditto Ditto

years of age without her
consent

376(3) Sexual assault by penetration Ditto Ditto Ditto Imprisonment for

20 years, and fine,
or caning

CAP. 68
31.8.2012

311
 FIRST SCHEDULE — continued

312
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

376(4)(a) If in order to commit or to Ditto Ditto Ditto Imprisonment for

facilitate the commission of 20 years, and caning
sexual assault by penetration,
voluntarily causes hurt or puts

Criminal Procedure Code

a person in fear of death or
hurt

376(4)(b) Sexual assault by penetration Ditto Ditto Ditto Ditto

of person under 14 years of
age without his or her consent

376A(2) Sexual penetration of minor Ditto Ditto Ditto Imprisonment for District Court
under 16 years of age 10 years, or fine,
or both

376A(3) Sexual penetration of minor Ditto Ditto Ditto Imprisonment for

under 14 years of age 20 years, and fine,
or caning

376B(1) Commercial sex with minor Ditto Ditto Bailable Imprisonment for District Court
under 18 years of age 7 years, or fine,
or both

376B(2) Communicating with a person Shall not arrest Summons Ditto Imprisonment for Magistrate’s Court
for purpose of commercial sex without warrant 2 years, or fine, or District Court

2012 Ed.
with minor under 18 years of or both
age
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

376C(2) Commercial sex with minor May arrest without Warrant Ditto Imprisonment for District Court

Criminal Procedure Code

under 18 years of age outside warrant 7 years, or fine,
Singapore or both

376C(2) Communicating with a person Shall not arrest Summons Ditto Imprisonment for Magistrate’s Court
for purpose of commercial sex without warrant 2 years, or fine, or District Court
with minor under 18 years of or both
age outside Singapore

376D(3) Tour outside Singapore for May arrest without Warrant Not bailable Imprisonment for District Court
commercial sex with minor warrant 10 years, or fine,
under 18 years of age or both

376E(4) Sexual grooming of minor Ditto Summons Bailable Imprisonment for Magistrate’s Court
under 16 years of age 3 years, or fine, or District Court
or both

376F(2) Procurement of sexual activity Shall not arrest Warrant Ditto Imprisonment for Ditto
with a person with mental without warrant 2 years, or fine,
disability or both

CAP. 68
376F(3) If penetration is involved May arrest without Ditto Not bailable Imprisonment for District Court
warrant 10 years, or fine,
or both
31.8.2012

376G(3) Incest by a man Ditto Ditto Ditto Imprisonment for Magistrate’s Court
5 years or District Court

313
 FIRST SCHEDULE — continued

314
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

376G(4) Incest by a man with a woman Ditto Ditto Ditto Imprisonment for District Court
under 14 years of age 14 years

376G(5) Incest by a woman Ditto Ditto Ditto Imprisonment for Magistrate’s Court
5 years or District Court

Criminal Procedure Code

377(2) Sexual penetration of a corpse Ditto Ditto Bailable Imprisonment for Magistrate’s Court
5 years, or fine, or District Court
or both

377(4) Causing another person to Ditto Ditto Not bailable Imprisonment for
sexually penetrate a corpse 20 years, and fine,
or caning

377A Outrages on decency Ditto Ditto Ditto Imprisonment for Magistrate’s Court
2 years or District Court

377B(2) Sexual penetration with living Ditto Summons Bailable Imprisonment for Ditto
animal 2 years, or fine,
or both

377B(4) Causing another person to Ditto Warrant Not bailable Imprisonment for
sexually penetrate a living 20 years, and fine,
animal or caning

377B(4) Causing another person to be Ditto Ditto Ditto Ditto

2012 Ed.
sexually penetrated by a living
animal
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER XVII — OFFENCES AGAINST PROPERTY

Criminal Procedure Code

Theft

379 Theft May arrest without Warrant Not bailable Imprisonment for Magistrate’s Court
warrant 3 years, or fine, or District Court
or both

379A Theft of motor vehicle or any Ditto Ditto Ditto Imprisonment for Ditto
component part thereof 7 years, and fine,
and disqualification
for such period as
the court may order
from holding or
obtaining a driving
licence

380 Theft in a building, tent or Ditto Ditto Ditto Imprisonment for Ditto
vessel 7 years, and fine

381 Theft by clerk or servant of Ditto Ditto Ditto Ditto Ditto

CAP. 68
property in possession of
master or employer

382 Theft after preparation made Ditto Ditto Ditto Imprisonment for District Court
for causing death or hurt in 10 years, and caning
31.8.2012

order to commit theft

315
 FIRST SCHEDULE — continued

316
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

Extortion

384 Extortion May arrest without Warrant Not bailable Imprisonment for Magistrate’s Court
warrant 7 years, and caning or District Court

Criminal Procedure Code

385 Putting or attempting to put in Ditto Ditto Ditto Imprisonment for Ditto
fear of harm, in order to 5 years, and caning
commit extortion

386 Extortion by putting a person Ditto Ditto Ditto Imprisonment for District Court
in fear of death or grievous 10 years, and caning
hurt

387 Putting or attempting to put a Ditto Ditto Ditto Imprisonment for Ditto
person in fear of death or 7 years, and caning
grievous hurt, in order to
commit extortion

388 Extortion by threat of Ditto Ditto Ditto Imprisonment for Ditto

accusation of an offence 10 years, and fine,
punishable with death, or or caning
imprisonment for life, or
imprisonment for 10 years

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

389 Putting a person in fear of Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

accusation of offence
punishable with death, or
imprisonment for life, or
imprisonment for 10 years, in
order to commit extortion

Robbery and gang-robbery

392 Robbery May arrest without Warrant Not bailable Imprisonment for District Court
warrant 10 years, and caning

392 If committed after 7 p.m. and Ditto Ditto Ditto Imprisonment for Ditto
before 7 a.m. 14 years, and caning

393 Attempt to commit robbery Ditto Ditto Ditto Imprisonment for Ditto
7 years, and caning

394 Person voluntarily causing hurt Ditto Ditto Ditto Imprisonment for Ditto
in committing or attempting to 20 years, and caning
commit robbery, or any other

CAP. 68
person jointly concerned in
such robbery

395 Gang-robbery Ditto Ditto Ditto Ditto

31.8.2012

317
 FIRST SCHEDULE — continued

318
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

396 Gang-robbery with murder Ditto Ditto Ditto Death, or

imprisonment for
life, and caning

397 Robbery when armed or with Ditto Ditto Ditto Caning in addition

Criminal Procedure Code

attempt to cause death or to the punishment
grievous hurt under any other
section

399 Making preparation to commit Ditto Ditto Ditto Imprisonment for

gang-robbery 10 years, and caning

400 Belonging to a gang of persons Ditto Ditto Ditto Imprisonment for

associated for the purpose of life, or
habitually committing imprisonment for
gang-robbery 10 years, and caning

401 Belonging to a wandering gang Ditto Ditto Ditto Imprisonment for District Court
of persons associated for the 7 years, and caning
purpose of habitually
committing theft

402 Being one of 5 or more Ditto Ditto Ditto Ditto Ditto

persons assembled for the
purpose of committing

2012 Ed.
gang-robbery
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

Criminal misappropriation of property

Criminal Procedure Code

403 Dishonest misappropriation of Shall not arrest Warrant Bailable Imprisonment for Magistrate’s Court
movable property, or without warrant 2 years, or fine, or District Court
converting it to one’s own use or both

404 Dishonest misappropriation of Ditto Ditto Ditto Imprisonment for Ditto

property, knowing that it was 3 years, and fine
in the possession of a deceased
person at his death, and that it
has not since been in the
possession of any person
legally entitled to it

404 If by clerk or person employed Ditto Ditto Ditto Imprisonment for District Court
by deceased 7 years, and fine
Criminal breach of trust

406 Criminal breach of trust May arrest without Warrant Not bailable Imprisonment for Magistrate’s Court
warrant 7 years, or fine, or District Court

CAP. 68
or both

407 Criminal breach of trust by Ditto Ditto Ditto Imprisonment for District Court
a carrier, wharfinger, etc. 15 years, and fine
31.8.2012

408 Criminal breach of trust by Ditto Ditto Ditto Ditto Ditto

a clerk or servant

319
 FIRST SCHEDULE — continued

320
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

409 Criminal breach of trust by Ditto Ditto Ditto Imprisonment for Ditto
public servant, or by banker, life, or
merchant or agent, etc. imprisonment for
20 years, and fine

Criminal Procedure Code

Receiving stolen property

411(1) Dishonestly receiving or May arrest without Warrant Not bailable Imprisonment for Magistrate’s Court
retaining stolen property, warrant 5 years, or fine, or District Court
knowing it to be stolen or both

411(2) If the stolen property is a Ditto Ditto Ditto Imprisonment for Ditto
motor vehicle or any 5 years, and fine,
component part thereof and disqualification
for such period as
the court may order
from holding or
obtaining a driving
licence

412 Dishonestly receiving or Ditto Ditto Ditto Imprisonment for

retaining stolen property, life, or
knowing that it was obtained imprisonment for
by gang-robbery 10 years, and fine

2012 Ed.
413 Habitually dealing in stolen Ditto Ditto Ditto Imprisonment for
property 20 years, and fine
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

414(1) Assisting in concealment or Ditto Ditto Ditto Imprisonment for Magistrate’s Court

Criminal Procedure Code

disposal of stolen property, 5 years, or fine, or District Court
knowing it to be stolen or both

414(2) If the stolen property is Ditto Ditto Ditto Imprisonment for Ditto
a motor vehicle or any 5 years, and fine,
component part thereof and disqualification
for such period as
the court may order
from holding or
obtaining a driving
licence

Cheating

417 Cheating May arrest without Warrant Bailable Imprisonment for Magistrate’s Court
warrant 3 years, or fine, or District Court
or both

418 Cheating a person whose Ditto Ditto Ditto Imprisonment for Ditto
interest the offender was 5 years, or fine,

CAP. 68
bound, either by law or by or both
legal contract, to protect

419 Cheating by personation Ditto Ditto Ditto Ditto Ditto

31.8.2012

321
 FIRST SCHEDULE — continued

322
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

420 Cheating and thereby Ditto Ditto Ditto Imprisonment for Ditto
dishonestly inducing delivery 10 years, and fine
of property, or the making,
alteration or destruction of a

Criminal Procedure Code

valuable security

Fraudulent deeds and dispositions of property

421 Fraudulent removal or Shall not arrest Warrant Bailable Imprisonment for Magistrate’s Court
concealment of property, etc., without warrant 3 years, or fine, or District Court
to prevent distribution among or both
creditors

422 Fraudulently preventing from Ditto Ditto Ditto Ditto Ditto

being made available for his
creditors a debt or demand
due to the offender

423 Fraudulent execution of deed Ditto Ditto Ditto Ditto Ditto

of transfer containing a false
statement of consideration

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

424 Fraudulent removal or Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

concealment of property of
himself or any other person, or
assisting in the doing, thereof,
or dishonestly releasing any
demand or claim to which he
is entitled

Mischief

426 Mischief Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant one year, or fine, or District Court
or both

427 Mischief, and thereby causing Ditto Warrant Ditto Imprisonment for Ditto
damage to the amount of $500 2 years, or fine,
or upwards or both

428 Mischief by killing, poisoning, May arrest without Ditto Ditto Imprisonment for Ditto
maiming or rendering useless, warrant 5 years, or fine,
any animal or both

CAP. 68
430 Mischief by causing diminution Ditto Ditto Ditto Ditto Ditto
of supply of water for
agricultural or industrial
31.8.2012

purposes, etc.

323
 FIRST SCHEDULE — continued

324
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

430A Mischief affecting railway Ditto Ditto Not bailable Imprisonment for
engine, train, etc. life, or
imprisonment for
10 years, and fine

Criminal Procedure Code

431 Mischief by injury to public Ditto Ditto Bailable Imprisonment for Magistrate’s Court
road, bridge, navigable river or 5 years, or fine, or District Court
channel, and rendering it or both
impassable or less safe for
travelling or conveying
property

431A Mischief by injury to telegraph Ditto Ditto Ditto Imprisonment for Ditto
cable, wire, etc. 2 years, or fine,
or both

432 Mischief by causing inundation Ditto Ditto Ditto Imprisonment for Ditto
or obstruction to public 5 years, or fine,
drainage, attended with or both
damage

433 Mischief by destroying or Ditto Ditto Ditto Imprisonment for District Court
moving, or rendering less 7 years, or fine,
useful a lighthouse or sea- or both
mark

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

434 Mischief by destroying or Shall not arrest Ditto Ditto Imprisonment for Magistrate’s Court

Criminal Procedure Code

moving, etc., a landmark fixed without warrant one year, or fine, or District Court
by public authority or both

435 Mischief by fire or explosive May arrest without Ditto Ditto Imprisonment for District Court
substance warrant 7 years, and fine

436 Mischief by fire or explosive Ditto Ditto Not bailable Imprisonment for
substance with intent to life, or
destroy a house, etc. imprisonment for
10 years, and fine

437 Mischief with intent to destroy Ditto Ditto Ditto Imprisonment for District Court
or make unsafe a decked 10 years, and fine
vessel or a vessel of 20 tons
burden

438 The mischief described in Ditto Ditto Ditto Imprisonment for

section 437 when committed life, or
by fire or any explosive imprisonment for
substance 10 years, and fine

CAP. 68
439 Running vessel ashore with Ditto Ditto Ditto Imprisonment for District Court
intent to commit theft, etc. 10 years, and fine
31.8.2012

325
 FIRST SCHEDULE — continued

326
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

440 Mischief committed after Ditto Ditto Ditto Imprisonment for Magistrate’s Court
preparation made for causing 5 years, and fine or District Court
death or hurt, etc.

Criminal trespass

Criminal Procedure Code

447 Criminal trespass May arrest without Summons Bailable Imprisonment for Magistrate’s Court
warrant 3 months, or fine*, or District Court
or both

448 House-trespass Ditto Warrant Ditto Imprisonment for Ditto

one year, or fine*,
or both

449 House-trespass in order to Ditto Ditto Not bailable Imprisonment for

commit an offence punishable life, or
with death imprisonment for
10 years, and fine

450 House-trespass in order to Ditto Ditto Ditto Imprisonment for District Court
commit an offence punishable 10 years, and fine
with imprisonment for life

451 House-trespass in order to Ditto Ditto Bailable Imprisonment for Magistrate’s Court
commit an offence punishable 2 years, and fine or District Court

2012 Ed.
with imprisonment
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

451 If the offence is theft Ditto Ditto Not bailable Imprisonment for Ditto

Criminal Procedure Code

7 years, and fine

452 House-trespass, after Ditto Ditto Ditto Ditto Ditto

preparation made for causing
hurt, assault, etc.

453 Lurking house-trespass or Ditto Ditto Ditto Imprisonment for Ditto

house-breaking 2 years, and fine

454 Lurking house-trespass or Ditto Ditto Ditto Imprisonment for Ditto

house-breaking in order to 3 years, and fine
commit an offence punishable
with imprisonment

454 If the offence is theft Ditto Ditto Ditto Imprisonment for District Court
10 years, and fine

455 Lurking house-trespass or Ditto Ditto Ditto Imprisonment for Ditto

house-breaking after 10 years, and caning
preparation made for causing

CAP. 68
hurt, assault, etc.

456 Lurking house-trespass or Ditto Ditto Ditto Imprisonment for Magistrate’s Court
house-breaking by night 3 years, and fine or District Court
31.8.2012

327
 FIRST SCHEDULE — continued

328
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

457 Lurking house-trespass or Ditto Ditto Ditto Imprisonment for Ditto

house-breaking by night in 5 years, and fine
order to commit an offence
punishable with imprisonment

Criminal Procedure Code

457 If the offence is theft Ditto Ditto Ditto Imprisonment for District Court
14 years, and fine

458 Lurking house-trespass or Ditto Ditto Ditto Imprisonment for Ditto

house-breaking by night, 14 years, and caning
after preparation made for
causing hurt, etc.

458A Committing an offence under Ditto Ditto Ditto Caning in addition Ditto
section 454 or 457 subsequent to the punishment
to having been convicted of an prescribed for the
offence under section 454, 455, offence
457 or 458

459 Grievous hurt caused whilst Ditto Ditto Ditto Imprisonment for
committing lurking house- 20 years, and caning
trespass or house-breaking

460 Death or grievous hurt caused Ditto Ditto Ditto Imprisonment for
by one of several persons 20 years

2012 Ed.
jointly concerned in house-
breaking by night, etc.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

461 Dishonestly breaking open or Ditto Ditto Bailable Imprisonment for Magistrate’s Court

Criminal Procedure Code

unfastening any closed 2 years, or fine, or District Court
receptacle containing or or both
supposed to contain property

462 Being entrusted with any Ditto Ditto Ditto Imprisonment for Ditto
closed receptacle containing or 3 years, or fine,
supposed to contain any or both
property, and fraudulently
opening the same

CHAPTER XVIII — OFFENCES RELATING TO DOCUMENTS OR ELECTRONIC RECORDS, FALSE INSTRUMENTS,

AND TO CURRENCY NOTES AND BANK NOTES

465 Forgery May arrest without Warrant Bailable Imprisonment for Magistrate’s Court
warrant 4 years, or fine, or or District Court
both

466 Forgery of a record of a court Ditto Ditto Not bailable Imprisonment for District Court
of justice or of a register of 10 years, and fine
births, etc., kept by a public

CAP. 68
servant

467 Forgery of a valuable security, Ditto Ditto Ditto Imprisonment for Ditto
will, or authority to make or 15 years, and fine
31.8.2012

transfer any valuable security,

or to receive any money, etc.

329
 FIRST SCHEDULE — continued

330
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

468 Forgery for the purpose of Ditto Ditto Ditto Imprisonment for Ditto
cheating 10 years, and fine

469 Forgery for the purpose of Ditto Ditto Bailable Imprisonment for Magistrate’s Court
harming the reputation of any 5 years, and fine or District Court

Criminal Procedure Code

person, or knowing that it is
likely to be used for that
purpose

471 Using as genuine a forged Ditto Ditto Ditto Punishment for The court by which
document or forged electronic forgery the forgery of the
record which is known to be document is triable
forged

472 Making or counterfeiting a Ditto Ditto Not bailable Imprisonment for District Court
seal, plate, etc., with intent to 15 years, and fine
commit a forgery punishable
under section 467, or
possessing with like intent any
such seal, plate, etc., knowing
the same to be counterfeit

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

473 Making or counterfeiting a Ditto Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

seal, plate, etc., with intent to 10 years, and fine
commit a forgery punishable
otherwise than under section
467, or possessing with like
intent any such seal, plate, etc.,
knowing the same to be
counterfeit

473A Making or possessing Ditto Ditto Ditto Imprisonment for Magistrate’s Court
equipment for making false 5 years, or fine, or District Court
instrument or both

473B Making or possessing Ditto Ditto Ditto Imprisonment for District Court
equipment for making false 10 years, or fine,
instrument with intent to or both
induce prejudice

474 Having possession of a Ditto Ditto Ditto Imprisonment for Ditto

document or an electronic 10 years, and fine
record knowing it to be forged,

CAP. 68
with intent to use it as
genuine, if the document or
electronic record is one of the
descriptions mentioned in
31.8.2012

section 466

331
 FIRST SCHEDULE — continued

332
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

474 If the document is one of the Ditto Ditto Ditto Imprisonment for Ditto
descriptions mentioned in 15 years, and fine
section 467

475 Counterfeiting a device or Ditto Ditto Ditto Ditto Ditto

Criminal Procedure Code

mark used for authenticating
documents described in section
467, or possessing counterfeit
marked material

476 Counterfeiting a device or Ditto Ditto Ditto Imprisonment for Ditto

mark used for authenticating 10 years, and fine
documents or electronic
records other than those
described in section 467, or
possessing counterfeit marked
material

477 Fraudulently destroying or Ditto Ditto Ditto Imprisonment for Ditto

defacing, or attempting to 15 years, and fine
destroy or deface, or secreting
a will, etc.

477A Falsification of accounts by Ditto Ditto Ditto Imprisonment for Ditto

clerk or servant 10 years, or fine,

2012 Ed.
or both
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

Currency notes and bank notes

Criminal Procedure Code

489A Forging or counterfeiting May arrest without Warrant Not bailable Imprisonment for
currency notes or bank notes warrant 20 years, and fine

489B Using as genuine forged or Ditto Ditto Ditto Ditto

counterfeit currency notes or
bank notes

489C Possession of forged or Ditto Ditto Ditto Imprisonment for

counterfeit currency notes or 15 years
bank notes, with intent

489D Making or possessing Ditto Ditto Ditto Imprisonment for

instruments or materials for 20 years, and fine
forging or counterfeiting
currency notes or bank notes

CHAPTER XX — OFFENCES RELATING TO MARRIAGE

493 A man by deceit causing a Shall not arrest Warrant Not bailable Imprisonment for District Court

CAP. 68
woman not lawfully married to without warrant 10 years, and fine
him, to believe that she is
lawfully married to him, and to
cohabit with him in that belief
31.8.2012

494 Marrying again during the Ditto Ditto Bailable Imprisonment for Ditto

333
lifetime of a husband or wife 7 years, and fine
 FIRST SCHEDULE — continued

334
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

495 Same offence with Ditto Ditto Not bailable Imprisonment for Ditto
concealment of the former 10 years, and fine
marriage from the person with
whom subsequent marriage is

Criminal Procedure Code

contracted

496 A person with fraudulent Ditto Ditto Ditto Imprisonment for Ditto
intention going through the 7 years, and fine
ceremony of being married,
knowing that he is not thereby
lawfully married

CHAPTER XXI — DEFAMATION

500 Defamation Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court
without warrant 2 years, or fine, or District Court
or both

501 Printing or engraving matter Ditto Ditto Ditto Ditto Ditto

knowing it to be defamatory

502 Sale of printed or engraved Ditto Ditto Ditto Ditto Ditto

substance containing
defamatory matter, knowing it
to contain such matter

2012 Ed.
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

CHAPTER XXII — CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Criminal Procedure Code

504 Insult intended to provoke a Shall not arrest Summons Bailable Imprisonment for Magistrate’s Court
breach of the peace without warrant 2 years, or fine, or District Court
or both

505 False statement, rumour, etc., Ditto Warrant Not bailable Imprisonment for Ditto
circulated with intent to cause 3 years, or fine,
mutiny or offence against the or both
public peace

506 Criminal intimidation May arrest without Ditto Bailable Imprisonment for Ditto
warrant 2 years, or fine,
or both

506 If threat is to cause death or Ditto Ditto Ditto Imprisonment for Ditto
grievous hurt, etc. 10 years, or fine,
or both

507 Criminal intimidation by Ditto Ditto Not bailable Imprisonment for Ditto
anonymous communication or 2 years, in addition

CAP. 68
having taken precaution to to the punishment
conceal from where the threat under section 506
comes
31.8.2012

335
 FIRST SCHEDULE — continued

336
1 2 3 4 5 6 7

CAP. 68
Whether the police Whether a warrant
Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

508 Act caused by inducing a Shall not arrest Ditto Bailable Imprisonment for Ditto
person to believe that he will without warrant one year, or fine,
be rendered an object of or both
divine displeasure

Criminal Procedure Code

509 Uttering any word or making Ditto Summons Ditto Ditto Ditto
any gesture intended to insult
the modesty of a woman, etc.

510 Appearing in a public place, May arrest without Ditto Ditto Imprisonment for Ditto
etc., in a state of intoxication, warrant 6 months, or fine*,
and causing annoyance to any or both
person

CHAPTER XXIII — ATTEMPTS TO COMMIT OFFENCES

511 Attempting (where no express According as to According as to According as to The punishment The court by which
provision is made by the Penal whether the offence whether the offence whether the offence provided for the the offence
Code or by other written law) is one in respect of is one in respect of contemplated by the offence, provided attempted is triable
to commit offences punishable which the police which a summons or offender is bailable that any term of
with imprisonment or fine or may arrest without warrant shall or not imprisonment shall
with a combination of such warrant or not ordinarily issue not exceed one-half
punishments (other than of the longest term
imprisonment for life), and in provided for the
such attempt doing any act offence

2012 Ed.
towards the commission of the
offence
 FIRST SCHEDULE — continued

2012 Ed.
1 2 3 4 5 6 7

Whether the police Whether a warrant

Penal Maximum By what court
may ordinarily arrest or a summons shall Whether bailable of
Code Offence punishment under triable besides
without warrant ordinarily issue in right or not
Section the Penal Code the High Court
or not the first instance

511 If the attempted offence is Ditto Ditto Ditto Imprisonment for Ditto

Criminal Procedure Code

punishable with imprisonment 15 years
for life

OFFENCES AGAINST LAWS OTHER THAN THE PENAL CODE

If punishable with death, May arrest without Warrant Not bailable According to sections 7, 8 and 9 of
imprisonment for 7 years or warrant this Code
upwards

If punishable with Ditto Ditto Ditto According to sections 7, 8 and 9 of

imprisonment for 3 years or this Code
upwards but less than 7 years

If punishable with Shall not arrest Summons Bailable According to sections 7, 8 and 9 of
imprisonment for less than without warrant this Code
3 years unless specifically
empowered to do so
by the law offended
against

CAP. 68
If punishable with fine only Ditto Ditto Ditto According to sections 7, 8 and 9 of
this Code

[S 664/2011]
31.8.2012

337
338 CAP. 68 Criminal Procedure Code 2012 Ed.

SECOND SCHEDULE
Section 159(1)

LAWS TO WHICH CRIMINAL CASE

DISCLOSURE PROCEDURES APPLY

1. Arms and Explosives Act (Cap. 13)

2. Arms Offences Act (Cap. 14)

3. Banishment Act (Cap. 18)

4. Computer Misuse Act (Cap. 50A)

5. Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65)

6. Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of

Benefits) Act (Cap. 65A)

7. Criminal Law (Temporary Provisions) Act (Cap. 67)

8. Hijacking of Aircraft and Protection of Aircraft and International Airports

Act (Cap. 124)

9. Immigration Act (Cap. 133) (other than sections 6 and 15)

10. Internal Security Act (Cap. 143)

11. Maintenance of Religious Harmony Act (Cap. 167A)

12. Misuse of Drugs Act (Cap. 185)

13. Oaths and Declarations Act (Cap. 211)

14. Official Secrets Act (Cap. 213)

15. Passports Act (Cap. 220)

16. Penal Code (Cap. 224)

17. Prisons Act (Cap. 247)

18. Protected Areas and Protected Places Act (Cap. 256)

19. Public Entertainments and Meetings Act (Cap. 257)

20. Public Order (Preservation) Act (Cap. 258)

21. Securities and Futures Act (Cap. 289)

22. Sedition Act (Cap. 290)

23. Vandalism Act (Cap. 341).

2012 Ed. Criminal Procedure Code CAP. 68 339
THIRD SCHEDULE
Sections 175(3), (4)
and (5) and 210(1)

OFFENCES TO WHICH TRANSMISSION PROCEDURES APPLY

1. Sections 375 to 377B of the Penal Code (Cap. 224).

FOURTH SCHEDULE
Section 241(1) and (2)

OFFENCES THAT MAY BE COMPOUNDED BY VICTIM

PART I
OFFENCES UNDER PENAL CODE (CAP. 224)

First Second
Third column Fourth column
column column

Item When compoundable/

Section Offence
No. By whom compoundable

Chapter V — Abetment

1. 109 Abetment of any offence, if the act Compoundable by the

abetted is committed in consequence, victim if this Code or
and where no express provision is any other written law
made for its punishment under which the offence
is committed provides
for the offence abetted
to be compoundable by
the victim

2. 110 Abetment of any offence, if the person Ditto

abetted does the act with a different
intention from that of the abettor

3. 111 Abetment of any offence, when one Ditto

act is abetted and a different act is
done; subject to the proviso

4. 113 Abetment of any offence, when an Ditto

effect is caused by the act abetted
different from that intended by the
abettor

5. 114 Abetment of any offence, if the Ditto

abettor is present when offence is
committed

31.8.2012
340 CAP. 68 Criminal Procedure Code 2012 Ed.

FOURTH SCHEDULE — continued

First Second
column Third column Fourth column
column

Item When compoundable/

Section Offence
No. By whom compoundable

6. 115 Abetment of an offence punishable Ditto

with death or imprisonment for life, if
the offence is not committed in
consequence of the abetment

7. 115 If an act which causes harm is done in Ditto

consequence of the abetment

8. 116 Abetment of an offence punishable Ditto

with imprisonment, if the offence is
not committed in consequence of the
abetment

9. 116 If the abettor or the person abetted is Ditto

a public servant whose duty it is to
prevent the offence

10. 117 Abetting the commission of an offence Ditto

by the public, or by more than 10
persons

11. 118 Concealing a design to commit an Ditto

offence punishable with death or
imprisonment for life, if the offence is
committed

12. 118 If the offence is not committed Ditto

13. 119 A public servant concealing a design Ditto

to commit an offence which it is his
duty to prevent, if the offence is
committed

14. 119 If the offence is punishable with death Ditto

or imprisonment for life

15. 119 If the offence is not committed Ditto

16. 119 If the offence is punishable with death Ditto

or imprisonment for life but is not
committed

17. 120 Concealing a design to commit an Ditto

offence punishable with imprisonment,
if the offence is committed

18. 120 If the offence is not committed Ditto

2012 Ed. Criminal Procedure Code CAP. 68 341
FOURTH SCHEDULE — continued

First Second
column Third column Fourth column
column

Item When compoundable/

Section Offence
No. By whom compoundable

Chapter XV — Offences relating to religion or race

19. 298 Uttering any word or making any Compoundable by the

sound in the hearing, or making any person whose religious
gesture, or placing any object in the or racial feeling is
sight of any person or causes any intended to be wounded
matter however represented to be seen
or heard by that person, with intention
to wound his religious or racial feeling

Chapter XVI — Offences affecting the human body

20. 323 Voluntarily causing hurt Compoundable by the

person hurt

21. 334 Voluntarily causing hurt on grave and Ditto

sudden provocation, not intending to
hurt any other than the person who
gave the provocation

22. 335 Causing grievous hurt on grave and Ditto

sudden provocation, not intending to
hurt any other than the person who
gave the provocation

23. 337(a) Causing hurt by a rash act which Ditto

endangers human life, etc.

24. 337(b) Causing hurt by a negligent act which Ditto

endangers human life, etc.

25. 338(a) Causing grievous hurt by a rash act Ditto

which endangers human life, etc.

26. 338(b) Causing grievous hurt by a negligent Ditto

act which endangers human life, etc.

27. 341 Wrongfully restraining any person Compoundable by the

person wrongfully
restrained

28. 342 Wrongfully confining any person Compoundable by the

person wrongfully
confined

31.8.2012
342 CAP. 68 Criminal Procedure Code 2012 Ed.

FOURTH SCHEDULE — continued

First Second
column Third column Fourth column
column

Item When compoundable/

Section Offence
No. By whom compoundable

29. 352 Assault or use of criminal force Compoundable by the

otherwise than on grave and sudden person assaulted or to
provocation whom force was used

30. 354(1) Assault or use of criminal force to a Ditto

person with intent to outrage modesty

31. 355 Assault or use of criminal force with Ditto

intent to dishonour a person,
otherwise than on grave and sudden
provocation

32. 358 Assault or use of criminal force on Ditto

grave and sudden provocation

33. 374 Unlawful compulsory labour Compoundable by the

person compelled to
labour

Chapter XVII — Offences against property

34. 426 Mischief Compoundable by the

private person who
suffers loss or damage

35. 427 Mischief, and thereby causing damage Ditto

to the amount of $500 or upwards

36. 447 Criminal trespass Compoundable by the

person in possession of
the property trespassed
upon

37. 448 House-trespass Ditto

Chapter XXI — Defamation

38. 500 Defamation Compoundable by the

person defamed

39. 501 Printing or engraving matter knowing Ditto

it to be defamatory

40. 502 Sale of printed or engraved substance Ditto

containing defamatory matter,
knowing it to contain such matter
2012 Ed. Criminal Procedure Code CAP. 68 343
FOURTH SCHEDULE — continued

First Second
column Third column Fourth column
column

Item When compoundable/

Section Offence
No. By whom compoundable

Chapter XXII — Criminal intimidation, insult and annoyance

41. 504 Insult intended to provoke a breach of Compoundable by the

the peace person insulted

42. 506 Criminal intimidation except where Compoundable by the

threat is to cause death or grievous person intimidated
hurt, etc.

43. 509 Uttering any word or making any Compoundable by the

gesture intended to insult the modesty woman insulted
of a woman, etc.

Chapter XXIII — Attempts to commit offences

44. 511 Attempting (where no express Compoundable by the

provision is made by the Penal Code victim if this Code or
or by other written law) to commit any other written law
offences punishable with imprisonment under which the
or fine or with a combination of such attempted offence is
punishments (other than imprisonment committed provides for
for life), and in such attempt doing the attempted offence to
any act towards the commission of the be compoundable by the
offence victim

45. 511 If the attempted offence is punishable Ditto

with imprisonment for life

PART II
OFFENCES UNDER MISCELLANEOUS OFFENCES
(PUBLIC ORDER AND NUISANCE) ACT (CAP. 184)

First Second
Third column Fourth column
column column
Item
Section Offence Explanatory Note
No.

Part II — Offences against public order and nuisance

46. 11(1)(a) Nuisance — affixing or causing to be Compoundable by the
affixed any advertisement, etc., or owner or the occupier of
writing, defacing or marking on any the private property
building, wall or fence being private
property

31.8.2012
344 CAP. 68 Criminal Procedure Code 2012 Ed.

FOURTH SCHEDULE — continued

First Second
Third column Fourth column
column column

Item
Section Offence Explanatory Note
No.
47. 11(1)(c) Nuisance — obstructing or causing Compoundable by the
trouble or inconvenience to any person obstructed, etc.
person bathing at any place set aside
as a bathing place
48. 11(1)(g) Nuisance — setting on or urging any Compoundable by the
dog or other animal to attack, worry person attacked, worried
or put in fear any person or put in fear
49. 12(1)(b) Offences relating to animals — Compoundable by the
allowing animal to stray upon, or owner or lawful occupier
tethers or pickets any animal on land of land
in the possession of any private person
50. 13A Intentional harassment, alarm or Compoundable by the
distress person harassed, alarmed
or distressed
51. 13C Fear or provocation of violence Compoundable by the
person towards whom
threatening, abusive or
insulting words were
used, or to whom
threatening, abusive or
insulting writing, sign or
other visible
representation was
distributed or displayed
52. 17 Penalty for depositing corpse or dying Compoundable by the
person in any private place owner of the private
place
Part V — Touting

53. 32 Touting for business Compoundable by the

person solicited
2012 Ed. Criminal Procedure Code CAP. 68 345
FIFTH SCHEDULE
Section 346(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.

31.8.2012
346 CAP. 68 Criminal Procedure Code 2012 Ed.

TABLE OF DERIVATIONS

This Table shows in the first column the provisions of the Code and in the
second and third columns the corresponding provisions of the repealed Code and
other legislation, respectively, in respect of which amendments (whether or not of
a drafting nature) may have been made.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

1 1 —

2 2 —

3 New —

4 3 —

5 4 —

6 5 —

7 8 —

8(1) and (2) 7(1) and (3) —

9(1) 10 —

10 129, 130 and 131 —

11 336 —

12 New —

13 New —

14 115 —

15 New —

16 116 —

17 119 —

18 118 —

19 127 —

20 58 —
2012 Ed. Criminal Procedure Code CAP. 68 347

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

21 120 —

22 121 —

23 122(6), (7) and (8) —

24 61(1) and (2) —

25 62 —

26 61(3) to (5) and 63(1) —

and (2)

27 New —

28 New —

29 New —

30 64 —

31 65 —

32 69 —

33 70 —

34 125 —

35(8) — Regulation 5(3),

Monetary Authority
of Singapore
(Freezing of Assets
of Former President
of Liberia and
Connected Persons)
Regulations 2004
(S 260/2004)

36 68A —

37 66 —

38 67 —

39 125A —

31.8.2012
348 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

40 125B —

41 71 —

42 72 —

43 73 —

44 74 —

45 75 —

46 76 —

47 77, 78 and 79 —

48 80 —

49 81 —

50 82 —

51 84 —

52 85 —

53 86 —

54 87 —

55 88 —

56 90 —

57 91 —

58 92 —

59 93 —

60 94 —

61 95 —

62 96 —

63(1) 111 —
2012 Ed. Criminal Procedure Code CAP. 68 349

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

63(3) — Section 2(2),

Terrorism
(Suppression of
Financing) Act
(Cap. 325, 2003 Ed.)

64 32 —

65 33 —

66 34 —

67 35 —

68 36 —

69 48 —

70 New —

71 46 —

72 47 —

73 49 —

74 50 —

75 24 —

76 28(1) —

77 25 —

78 29 —

79 30 —

80 31 —

81 26 —

82 27 —

83 28(2) —

84(1) 40 —

31.8.2012
350 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

84(2) 41 —

85 37 —

86 20 —

87 21 —

88 51 —

89 52(1) to (6) —

90 52(7) to (12) —

91 New —

92 351 —

93 352 —

94 New —

95 New —

96 353 —

97 354 —

98 329 —

99 355 —

100 356 —

101 350 —

102(2), (3) 357 —

103 New —

104 New —

105 358 —

106 359 —

107 361 —
2012 Ed. Criminal Procedure Code CAP. 68 351

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

108 362 —

109 363 —

110 New —

111 126 —

112 New —

113 New —

114 New —

115 42 —

116(1) 43(1) —

116(6) 43(4) —

116(7) 44 —

117 New —

118 New —

119 45 —

120 54 —

121 55 —

122 56 and 201 —

123(1) to (6) 158 —

123(7) 179 —

124 159 —

125 160 —

126 161 —

127 162 —

128 163 —

31.8.2012
352 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

129(1) to (3) 164 —

129(4) 165 —

130 166 —

131 167 —

132 168 —

133 169 —

134 170(1) —

135 170(2) —

136 170(3) —

137 170(4) —

138 172 —

139 173 —

140 174 —

141 175 —

142 New —

143 176 —

144 New —

145 New —

146 171 —

147 177 —

148 178 —

149 New —

150 New —

151 New —
2012 Ed. Criminal Procedure Code CAP. 68 353

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

152 New —

153 New —

154 137 —

155 180(o) —

156 180(p) —

157 New —

158 New —

159 New —

160 New —

161 New —

162 New —

163 New —

164 New —

165 New —

166 New —

167 New —

168 New —

169 New —

170 New —

171 New —

172 New —

173 New —

174 New —

175 New —

31.8.2012
354 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

176 New —

177 138 —

178(1) 139 —

179 141 —

180 142 —

181 143 —

182 144 —

183 145 —

184 153 —

185 146 —

186 148 —

187 149 —

188 150 —

189 152 —

190 154 —

191 156 —

192 New —

193 New —

194 New —

195 New —

196 New —

197 New —

198 New —

199 338 —
2012 Ed. Criminal Procedure Code CAP. 68 355

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

200 339 —

201 342 —

202 343 —

203 344 —

204 345 —

205 346 —

206 347 —

207 348 —

208 349 —

209 New —

210 New —

211 New —

212 New —

213 New —

214 New —

215 New —

216 New —

217 New —

218 New —

219 New —

220 New —

221 New —

222 New —

223 New —

31.8.2012
356 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

224 New —

225 New —

226 137A —

227 New —

228 New —

229 New —

230 180, 181, 187, 188, 189, —

190, 191 and 192

231 New —

232(1) and (2) 184 and 193 —

233 203 —

234 194 —

235 58 and 60 —

236 195 —

237 200 —

238 198 —

239 185 —

240 186 —

241 New —

242 New —

243 199A —

244 239 —

245 240 —

246 New —
2012 Ed. Criminal Procedure Code CAP. 68 357

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

247 308 —

248 309 —

249 310 —

250 311 and 312 —

251 314 —

252 315 —

253 316 —

254(1) 317 —

255 319 —

256 318 —

257 New —

258(3) Proviso to 122(5) —

258(3) Explanation 2 — Section 29 (repealed),

Evidence Act
(Cap. 97, 1997 Ed.)

258(4) — Section 28 (repealed),

Evidence Act
(Cap. 97, 1997 Ed.)

258(5) — Section 30 (repealed),

Evidence Act
(Cap. 97, 1997 Ed.)

258(6)(a) 122(4) —

258(6)(b) 122(3) —

258(6)(c) — Section 27 (repealed),

Evidence Act
(Cap. 97, 1997 Ed.)

259 New —

260 117 —

31.8.2012
358 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

261 123 —

262 398 —

263 New —

264 371 —

265 373 —

266 374 —

267 376 —

268 377 —

269 (repealed) 378(3) —

270 (repealed) 378(1) and (2) —

271 (repealed) 379 —

272 (repealed) 380 —

273 (repealed) 381 —

274 (repealed) 382 —

275 (repealed) 383 —

276 (repealed) 384 —

277 (repealed) 385 —

278 155 and 182 —

279 New —

280 124 —

281 364A —

282 332 —

283 399 —

284 366 —
2012 Ed. Criminal Procedure Code CAP. 68 359

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

285 204 —

286 205 to 207 —

287 208 —

288 209 —

289 210 —

290 372 —

291 196 —

292 197 —

293 375 —

294 364 —

295 New —

296 367 —

297 368 —

298 New —

299 259 —

300 215 —

301 New —

302 219 —

303 11(1), (3) and (5) —

304 12 —

305 13 —

306 17 —

307(1) 18 —

31.8.2012
360 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

308 — Section 71 (repealed),

Penal Code
(Cap. 224, 2008 Ed.)

309 11(2), (4) and (6) —

310 14 —

311 15 —

312 16 —

313 220 —

314 213 —

315 214 —

316 216 —

317 222 —

318 223 —

319 224 —

320 225 —

321 226 —

322 234 —

323 235 —

324 236 —

325(1) 231 —

326 227 —

327 228 —

328 New —

329 229(2), (3) and (4) —

330(1) 231 —
2012 Ed. Criminal Procedure Code CAP. 68 361

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

331 232 —

332 New —

333 237 —

334 238 —

335 New —

336 New —

337 New —

338 New —

339 New —

340 New —

341 New —

342 New —

343 New —

344 New —

345 New —

346 New —

347 New —

348 New —

349 New —

350 New —

351 New —

352 New —

353 New —

354 New —

31.8.2012
362 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

355 New —

356(1) New —

357 New —

358 262(2) and (3) —

359 New —

360 403 —

361 New —

362 404 and 405 —

363 406 —

364 386 —

365 387 —

366(1) 388 —

367 389 —

368 390 —

369 391 —

370 New —

371(1) 392(2) and (3) —

372 392(4) and (5) and 393 —

373 New —

374(1) 241 —

375 244 —

376 New —

377 New —

378 New —
2012 Ed. Criminal Procedure Code CAP. 68 363

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

379 249 —

380 250 —

381 New —

382 248 —

383(1) 251 —

384 New —

385 New —

386 New —

387 253 —

388 254 —

389 New —

390(1) 256 —

391 395 —

392(1) and (2) 257 —

393 New —

394 261 —

395 263 Section 56A

(repealed),
Subordinate Courts
Act (Cap. 321,
2007 Ed.)

396 New —

397 — Section 60 (repealed),

Supreme Court of
Judicature Act
(Cap. 322, 2007 Ed.)

398 264 —

31.8.2012
364 CAP. 68 Criminal Procedure Code 2012 Ed.

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

399 New —

400(1) 266 —

401 267 and 268 —

402 270 —

403 269 —

404 New —

405 New —

406 New —

407 New —

408 New —

409 New —

410 320 —

411 321 —

412 322 —

413 323 —

414 324 —

415 325 —

416 326 —

417 327 —

418 328 —

419 330 —

420 331 —

421 333 —

422 335 —
2012 Ed. Criminal Procedure Code CAP. 68 365

First column Second column Third column

Criminal Procedure Code Criminal Procedure Code

(Cap. 68, 2012 Ed.) (Cap. 68, 1985 Ed.) Others

423 396 —

424 22(1) —

425 New —

426 400 —

427 New —

428 New —

31.8.2012
 LEGISLATIVE HISTORY

CRIMINAL PROCEDURE CODE

(CHAPTER 68)

This Legislative History is provided for the convenience of users of the Criminal
Procedure Code. It is not part of the Code.

1. Ordinance 13 of 1955 — Criminal Procedure Code 1955

Date of First Reading : 17 August 1954
(Bill No. 27/54 published on
10 August 1954)
Date of Second Reading : 21 September 1954
Date of Third Reading : 28 January 1955
Date of commencement : 16 May 1955

2. Ordinance 37 of 1956 — Criminal Procedure Code (Amendment) Ordinance

1956
Date of First Reading : 20 November 1956
(Bill No. 76/56 published on
27 November 1956)
Date of Second and Third Readings : 5 December 1956
Date of commencement : 1 July 1957

3. Ordinance 29 of 1957 — Criminal Procedure Code (Amendment) Ordinance

1957
Date of First Reading : 21 August 1957
(Bill No. 110/57 published on
30 August 1957)
Date of Second and Third Readings : 11 September 1957
Date of commencement : 1 November 1957

4. Ordinance 10 of 1958 — Criminal Procedure Code (Amendment) Ordinance

1958
Date of First Reading : 22 April 1958
(Bill No. 129/58 published on
6 May 1958)
Date of Second and Third Readings : 11 June 1958
Date of commencement : 5 July 1958

31.8.2012
 ii
5. Act 38 of 1959 — Laws of Singapore (Miscellaneous Amendments)
Ordinance 1959
Date of First Reading : 3 March 1959
(Bill No. 215/59 published on
7 March 1959)
Date of Second and Third Readings : 18 March 1959
Date of Commencement : 3 June 1959 (Section 10 —
Amendment of Criminal
Procedure Code)

6. G.N. No. S 223/59 — The Singapore Constitution (Modification of Laws)

Order 1959
Date of commencement : 3 June 1959

7. S (N.S.) 67/59 — The Singapore Constitution (Modification of Laws)

(No. 2) Order 1959
Date of commencement : 21 August 1959

8. S (N.S.) 177/59 — The Singapore Constitution (Modification of Laws)

(No. 3) Order 1959
Date of commencement : 20 November 1959

9. S (N.S.) 178/59 — The Singapore Constitution (Modification of Laws)

(No. 4) Order 1959
Date of commencement : 20 November 1959

10. S (N.S.) 179/59 — The Singapore Constitution (Modification of Laws)

(No. 5) Order 1959
Date of commencement : 20 November 1959

11. Ordinance 18 of 1960 — Criminal Procedure Code (Amendment) Ordinance

1960
Date of First Reading : 13 August 1959
(Bill No. 13/59 published on
21 August 1959)
Date of Second Reading : 2 September 1959
Date Committed to Select Committee : 2 September 1959
Date of Presentation of : — (L.A. 1 of 1960)
Select Committee Report
Date of Third Reading : 13 February 1960
Date of commencement : 14 April 1960
 iii
12. Act 2 of 1962 — Criminal Procedure Code (Amendment) Ordinance 1962
Date of First Reading : 6 December 1961
(Bill No. 157/61 published on
15 December 1961)
Date of Second and Third Readings : 15 January 1962
Date of commencement : 2 February 1962

13. L.N. 234/63 — Malaysia Act, 1963, Modification of Laws (Public Prosecutor)
Order, 1963
Date of Commencement : 16 September 1963

14. Sp. No. S 68/64 — Malaysia Act, Modification of Laws (Criminal Procedure)
Order, 1964
Date of commencement : 24 April 1964

15. L.N. 107/64 — Malaysia Act, Modification of Laws (Criminal Procedure)

Order, 1964
Date of commencement : 16 April 1964

16. Malaysia Act 6 of 1965 — Warrants and Summonses (Special Provisions) Act
1965
Date of First Reading : 25 November 1964
(Bill published on
10 December 1964)
Date of Second and Third Readings : 18 January 1965
Date of commencement : 21 January 1965

17. Malaysia Act 25 of 1965 — Criminal Procedure Code (Singapore)

(Amendment) Act 1965
Date of First Reading : 1 March 1965
(Bill published on
11 March 1965)
Date of Second and Third Readings : 31 March 1965
Date of commencement : 1 April 1965

18. L.N. 214/65 — Malaysia Act, Modification of Laws (Criminal Procedure)

(Singapore) Order, 1965
Date of commencement : 27 May 1965

31.8.2012
 iv
19. L.N. 228/65 — Malaysia Act, Modification of Laws (Criminal Procedure)
(Powers of Arrest) (Malaysia) Order, 1965
Date of commencement : 16 September 1965

20. Act 12 of 1966 — Criminal Procedure Code (Amendment) Act 1966

Date of First Reading : 23 February 1966
(Bill No. 6/66 published on
2 March 1966)
Date of Second and Third Readings : 21 April 1966
Date of commencement : 16 May 1966

21. Act 10 of 1967 — Criminal Procedure Code (Amendment) Act 1967

Date of First, Second and : 29 June 1967
Third Readings (Bill No. 18/67)
Date of commencement : 30 June 1967

22. Act 18 of 1967 — Criminal Procedure Code (Amendment No. 2) Act 1967
Date of First, Second and : 7 September 1967
Third Readings (Bill No. 23/67)
Date of commencement : 15 September 1967

23. 1969 Reprint — Criminal Procedure Code (Chapter 132)

Date of operation : 3 June 1969

24. Act 14 of 1969 — Statute Law Revision Act 1969

Date of First Reading : 15 October 1969
(Bill No. 22/69 published on
20 October 1969)
Date of Second and Third Readings : 22 December 1969
Date of commencement : 2 January 1970

25. Act 17 of 1969 — Criminal Procedure Code (Amendment) Act 1969

Date of First Reading : 8 April 1969
(Bill No. 4/69 published on
11 April 1969)
Date of Second Reading : 11 June 1969
Date of Third Reading : 22 December 1969
Date of commencement : 5 January 1970
 v
26. Act 19 of 1970 — Subordinate Courts Act 1970
(Consequential amendments made to Act by)
Date of First Reading : 26 March 1970
(Bill No. 10/70 published on
2 April 1970)
Date of Second and Third Readings : 7 May 1970
Date of commencement : 1 January 1971

27. Act 20 of 1970 — Criminal Procedure Code (Amendment) Act 1970

Date of First Reading : 9 March 1970
(Bill No. 7/70 published on
13 March 1970)
Date of Second and Third Readings : 30 March 1970
Date of commencement : 12 June 1970

28. 1970 Revised Edition — Criminal Procedure Code (Chapter 113)

Date of operation : 15 April 1971

29. Act 12 of 1972 — Criminal Procedure Code (Amendment) Act 1972

Date of First Reading : 7 March 1972
(Bill No. 8/72 published on
8 March 1972)
Date of Second and Third Readings : 23 March 1972
Date of commencement : 4 August 1972

30. Act 21 of 1973 — Statutes of the Republic of Singapore (Miscellaneous

Amendments) Act 1973
Date of First Reading : 7 March 1973
(Bill No. 16/73 published on
9 March 1973)
Date of Second and Third Readings : 20 March 1973
Date of commencement : 6 April 1973

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 vi
31. Act 10 of 1976 — Criminal Procedure Code (Amendment) Act 1976
Date of First Reading : 29 July 1975
(Bill No. 35/75 published on
5 August 1975)
Date of Second Reading : 19 August 1975
Date Committed to Select Committee : 19 August 1975
Date of Presentation of : 24 June 1976 (Parl. 4 of 1976)
Select Committee Report
Date of Third Reading : 23 July 1976
Date of commencement : 1 January 1977

32. 1980 Reprint — Criminal Procedure Code (Chapter 113)

Date of operation : 31 July 1980

33. G.N. No. S 341/80 — Criminal Procedure Code (Corrigenda)

Date of commencement : 31 July 1980

34. Act 10 of 1983 — Criminal Procedure Code (Amendment) Act 1983

Date of First Reading : 4 March 1983
(Bill No. 2/83 published on
9 March 1983)
Date of Second and Third Readings : 24 March 1983
Date of commencement : 15 April 1983

35. Act 9 of 1984 — Criminal Procedure Code (Amendment) Act 1984

Date of First Reading : 17 January 1984
(Bill No. 2/84 published on
21 January 1984)
Date of Second and Third Readings : 2 March 1984
Date of commencement : 19 May 1984

36. Act 24 of 1984 — Criminal Procedure Code (Amendment No. 2) Act 1984
Date of First Reading : 29 June 1984
(Bill No. 11/84 published on
9 July 1984)
Date of Second and Third Readings : 26 July 1984
Date of commencement : 31 August 1984
 vii
37. G.N. No. S 267/85 — Metrication (Criminal Procedure Code) Order 1985
Date of commencement : 27 September 1985

38. Act 5 of 1986 — Criminal Procedure Code (Amendment) Act 1986

Date of First Reading : 31 October 1985
(Bill No. 21/85 published on
8 November 1985)
Date of Second and Third Readings : 10 January 1986
Date of commencement : 1 March 1986

39. 1985 Revised Edition — Criminal Procedure Code (Chapter 68)

Date of operation : 30 March 1987

40. G.N. No. S 337/87 — Revised Edition of the Laws (Rectification) Order 1987
Date of commencement : 30 March 1987

41. G.N. No. S 22/89 — Revised Edition of the Laws (Rectification) Order 1989
Date of commencement : 30 March 1987

42. Act 13 of 1992 — Criminal Procedure Code (Amendment) Act 1992

Date of First Reading : 27 February 1992
(Bill No. 12/92 published on
28 February 1992)
Date of Second and Third Readings : 19 March 1992
Date of commencement : 18 April 1992

43. Act 16 of 1993 — Supreme Court of Judicature (Amendment) Act 1993

(Consequential amendments made to Act by)
Date of First Reading : 26 February 1993
(Bill No. 12/93 published on
27 February 1993)
Date of Second and Third Readings : 12 April 1993
Date of commencement : 1 July 1993

44. Act 2 of 1994 — Judicial Committee (Repeal) Act 1994

(Consequential amendments made to Act by)
Date of First Reading : 17 January 1994
(Bill No. 2/94 published on
18 January 1994)
Date of Second and Third Readings : 23 February 1994
Date of commencement : 8 April 1994

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 viii
45. Act 39 of 1995 — Criminal Procedure Code (Amendment) Act 1995
Date of First Reading : 27 September 1995
(Bill No. 32/95 published on
28 September 1995)
Date of Second and Third Readings : 1 November 1995
Date of commencement : 2 January 1996

46. Act 31 of 1996 — Criminal Procedure Code (Amendment) Act 1996

Date of First Reading : 12 July 1996
(Bill No. 19/96 published on
13 July 1996)
Date of Second and Third Readings : 27 August 1996
Date of commencement : 1 November 1996

47. Act 7 of 1997 — Statutes (Miscellaneous Amendments) Act 1997

Date of First Reading : 11 July 1997
(Bill No. 6/97 published on
12 July 1997)
Date of Second and Third Readings : 25 August 1997
Date of commencement : 1 October 1997 (Section 5(1)
and item (11) of the Second
Schedule — Amendment of
Criminal Procedure Code)
48. Act 8 of 1998 — Holidays Act 1998
(Consequential amendments made to Act by)
Date of First Reading : 14 January 1998
(Bill No. 1/98 published on
15 January 1998)
Date of Second and Third Readings : 19 February 1998
Date of commencement : 10 April 1998

49. Act 46 of 1998 — Trade Marks Act 1998

(Consequential amendments made to Act by)
Date of First Reading : 12 October 1998
(Bill No. 42/98 published on
13 October 1998)
Date of Second and Third Readings : 26 November 1998
Date of commencement : 15 January 1999
 ix
50. Act 38 of 2000 — Oaths and Declarations Act 2000
(Consequential amendments made to Act by)
Date of First Reading : 9 October 2000
(Bill No. 24/2000 published on
10 October 2000)
Date of Second and Third Readings : 13 November 2000
Date of commencement : 1 January 2001

51. Act 4 of 2001 — Health Sciences Authority Act 2001

(Consequential amendments made to Act by)
Date of First Reading : 12 January 2001
(Bill No. 3/2001 published on
13 January 2001)
Date of Second and Third Readings : 22 February 2001
Date of commencement : 1 April 2001

52. Act 20 of 2001 — Children and Young Persons (Amendment) Act 2001
(Consequential amendments made to Act by)
Date of First Reading : 22 February 2001
(Bill No. 12/2001 published on
23 February 2001)
Date of Second and Third Readings : 20 April 2001
Date of commencement : 1 October 2001

53. Act 25 of 2002 — Currency (Amendment) Act 2002

(Consequential amendments made to Act by)
Date of First Reading : 8 July 2002
(Bill No. 23/2002 published on
9 July 2002)
Date of Second and Third Readings : 23 July 2002
Date of commencement : 1 October 2002

54. Act 6 of 2004 — Statutes (Miscellaneous Amendments) Act 2004

Date of First Reading : 5 January 2004
(Bill No. 4/2004 published on
6 January 2004)
Date of Second and Third Readings : 6 February 2004
Date of commencement : 8 March 2004 (Section 4 —
Amendment of Criminal
Procedure Code)

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 x
55. Act 20 of 2004 — Trade Marks (Amendment) Act 2004
(Consequential amendments made to Act by)
Date of First Reading : 19 May 2004
(Bill No. 18/2004 published on
20 May 2004)
Date of Second and Third Readings : 15 June 2004
Date of commencement : 1 July 2004

56. Act 42 of 2005 — Statutes (Miscellaneous Amendments) (No. 2) Act 2005

Date of First Reading : 17 October 2005
(Bill No. 30/2005 published on
18 October 2005)
Date of Second and Third Readings : 21 November 2005
Date of commencement : 1 January 2006 (Section 15,
item (5) of the Fourth
Schedule and item (8) of the
Fifth Schedule — Amendment
of Criminal Procedure Code)
57. Act 2 of 2007 — Statutes (Miscellaneous Amendments) Act 2007
Date of First Reading : 8 November 2006
(Bill No. 14/2006 published on
9 November 2006)
Date of Second and Third Readings : 22 January 2007
Date of commencement : 1 March 2007 (Section 9 —
Amendment of Criminal
Procedure Code)

58. Act 51 of 2007 — Penal Code (Amendment) Act 2007

(Consequential amendments made to Act by)
Date of First Reading : 17 September 2007
(Bill No. 38/2007 published on
18 September 2007)
Date of Second Reading : 22 October 2007
Date of Third Reading : 23 October 2007
Date of commencement : 1 February 2008
 xi
59. Act 15 of 2010 — Criminal Procedure Code 2010
Date of First Reading : 26 April 2010
(Bill No. 11/2010 published on
26 April 2010)
Date of Second and Third Readings : 19 May 2010
Date of commencement : 2 January 2011
Note: The Criminal Procedure Code 2010 repealed and re-enacted with
amendments the Criminal Procedure Code (Chapter 68, 1985 Revised
Edition).

60. Act 3 of 2011 — Children and Young Persons (Amendment) Act 2011
(Consequential amendments made to Act by)
Date of First Reading : 22 November 2010
(Bill No. 35/2010 published on
22 November 2010)
Date of Second and Third Readings : 10 January 2011
Date of commencement : 20 July 2011

61. G.N. No. S 664/2011 — Criminal Procedure Code (Amendment of First

Schedule) Order 2011
Date of commencement : 20 December 2011

62. Act 2 of 2012 — Statutes (Miscellaneous Amendments) Act 2012

Date of First Reading : 21 November 2011
(Bill No. 22/2011 published on
21 November 2011)
Date of Second and Third Readings : 18 January 2012
Date of commencement : 1 March 2012 (Section 21 —
Amendment of Criminal
Procedure Code 2010)

63. Act 4 of 2012 — Evidence (Amendment) Act 2012

(Consequential amendments made to Act by)
Date of First Reading : 16 January 2012
(Bill No. 2/2012 published on
16 January 2012)
Date of Second and Third Readings : 14 February 2012
Date of commencement : 1 August 2012

31.8.2012