Criminal Procedure Code 2010

Sections (442)

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• § 1 — Short title

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

• § 10 — Consent required for prosecution of certain offences

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

• § 100 — Person to be released

  100.—(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released.(2) If the person is in prison, the court must issue an order of release to the officer in charge of the prison, and the officer must release him or her on receiving the order. (3)

• § 101 — Released person to give address for service

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

• § 102 — 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 persona

• § 103 — Absconding or breaking conditions of bail or personal bond, etc.

  103.—(1) If a released person under a duty to surrender to custody, or to make himself or herself available for investigations or to attend court, does not do so, he or she may be arrested without a warrant.[19/2018] (2) If a released person leaves the court at any time after he or she has surrender

• § 104 — Duties of surety

  104. A surety must —(a) ensure that the released person surrenders to custody, or makes himself or herself available for investigations or attends court on the day and at the time and place appointed for him or her to do so; (b) keep in daily communication with the released person and lodge a polic

• § 105 — Surety may apply to have bond discharged

  105.—(1) A surety may at any time apply to the court to discharge the bond as far as it relates to him or her.(2) On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it. (3) When the released person appears in court under the

• § 106 — Security instead of surety

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

• § 106A — Prohibition against agreements to indemnify surety, etc.

  106A.—(1) Any agreement (whether made before, on or after 31 October 2018) indemnifying or purporting to indemnify any person against any liability which that person may incur as a surety to a bail bond is void.[19/2018] (2) Any person who, on or after 31 October 2018, knowingly enters into an agree

• § 107 — Procedure for forfeiture of bond without sureties

  107.—(1) This section provides for the forfeiture of the following bonds:(a) a personal bond without sureties; (b) a bond without sureties to keep the peace; (c) a bond without sureties for good behaviour.[14/2019] (2) If it is proved to a court’s satisfaction that —(a) the released person bound

• § 107A — Procedure for forfeiture of bond with sureties

  107A.—(1) This section provides for the forfeiture of the following bonds:(a) a bond with one or more sureties; (b) a bond with sureties to keep the peace; (c) a bond with sureties for good behaviour.[14/2019] (2) If it is proved to a court’s satisfaction that —(a) the released person for whose a

• § 108 — Appeal from orders

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

• § 109 — Power to direct levy of amount due on bond

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

• § 11 — Public Prosecutor

  11.—(1) The Attorney-General is the Public Prosecutor and has the control and direction of criminal prosecutions and proceedings under this Code or any other written law.(2) The Deputy Attorney‑General assigned by the Attorney‑General to have control and direction of criminal prosecutions and procee

• § 110 — Notice to attend court

  110.—(1) Where a police officer of or above the rank of inspector has reasonable grounds for believing that a person has committed an offence, the police officer may immediately serve upon the person a prescribed notice, requiring that person to attend at the court described, and at the time and on

• § 111 — Bond for appearance of complainant and witnesses

  111.—(1) If, during or after an investigation under Part 4, a police officer is of the opinion that there is sufficient evidence to justify starting or continuing criminal proceedings for an arrestable offence against a person, the police officer may require any complainant and any or all other pers

• § 112 — Surrender of travel document

  112.—(1) Despite any other written law —(a) a police officer of or above the rank of sergeant, with the written consent of an authorised officer; (b) the head or an authorised director of any other law enforcement agency or a person of a similar rank; or (c) any officer of a prescribed law enforce

• § 113 — Return of travel document

  113.—(1) A person who has surrendered his or her travel document under section 112 may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of similar rank, or the head or an authorised director of the prescribed law enforcement agency or a

• § 114 — 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 req

• § 115 — Form and validity of summons, etc.

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

• § 116 — Service of summons

  116.—(1) A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service mentioned in section 3(1)(a).(2) A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in

• § 117 — 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 associat

• § 118 — Service for fine-only offence

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

• § 119 — 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.

• § 12 — Public Prosecutor’s fiat

  12.—(1) Despite any provision in this Code, the Public Prosecutor may by fiat, and on such terms and conditions as he or she thinks fit, permit any person to prosecute, on the person’s own behalf, any particular offence punishable under the Penal Code 1871 or any other written law, or to pursue any

• § 120 — Issue of warrant instead of or in addition to summons

  120. A court in any case in which it is empowered to issue a summons for the appearance of a person may, after recording its reasons in writing, issue a warrant for the person’s arrest if —(a) before or after the issue of the summons but before the time fixed for the person’s appearance, the court h

• § 121 — 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

• § 122 — Detention of offender attending court

  122.—(1) A person attending court who is not under arrest or has not been served with a summons may be detained by the court for examination for any offence which the court may deal with, and which from the evidence the person appears to have committed.(2) The court may proceed against the person as

• § 123 — 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

• § 124 — Details of time, place and person or thing

  124.—(1) The charge must contain details of the time and place of the alleged offence and the person (if any) against whom or the thing (if any) in respect of which it was committed, as are reasonably sufficient to give the accused notice of what the accused is charged with.(2) Despite subsection (1

• § 125 — When manner of committing offence must be stated

  125. If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what the accused is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose.Illustrations (a) A is accused of theft of

• § 126 — Sense of words used in charge to describe offence

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

• § 127 — Effect of errors

  127. No error in stating either the offence or the particulars that must be stated in the charge, and no omission to state the offence or those details is to be regarded at any stage of the case as material unless the accused was in fact misled by that error or omission.Illustrations (a) [Deleted b

• § 128 — 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. —(1) A court may alter a charge or frame a new charge, whether in

• § 129 — 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 the accused’s plea and to state whether the accused is ready to be tried on this altered or new charge.(2) If the accused declares that the accused is not ready, the cour

• § 13 — Public Prosecutor’s power to take over conduct of prosecution, etc.

  13. Where a prosecution is conducted by a person other than the Public Prosecutor, the Deputy Attorney‑General mentioned in section 11(2), the Solicitor‑General, a Deputy Public Prosecutor or an Assistant Public Prosecutor, the Public Prosecutor may, if he or she thinks fit, take over the conduct of

• § 130 — 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

• § 131 — Recall of witnesses on trial of altered or new charge

  131. If a charge is altered or a new charge is framed by the court after the start of a trial, the prosecutor and the accused must, on application to the court by either party, be allowed to recall or re‑summon and examine any witness who may have been examined, with reference to the altered or newl

• § 132 — 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 wh

• § 133 — Joining of similar offences

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

• § 134 — Trial for more than one offence

  134. If, in one series of acts connected so as to form the same transaction, 2 or more offences are committed by the same person, then the person may be charged with and tried at one trial for every such offence.Illustrations The separate charges referred to in illustrations (a) to (g) below respec

• § 135 — 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

• § 136 — 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 co

• § 137 — Sections 134, 135 and 136 not to affect section 308

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

• § 138 — If it is doubtful what offence has been committed

  138. If a single act or series of acts is such that it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of those offences and any number of the charges may be tried at once, or the accused may be charged in the alternative with any

• § 139 — When person charged with one offence can be convicted of another

  139. If in the case mentioned in section 138 the accused is charged with one offence and it appears in evidence that the accused committed a different offence for which the accused might have been charged under that section, the accused may be convicted of the offence that the accused is shown to ha

• § 14 — Information about offences received by police

  14.—(1) When information is first received at a police station about an offence, the recording officer must proceed in accordance with this section.(2) If the information is in writing, the recording officer must —(a) if practicable, immediately mark on it the date and time of receipt at the police

• § 140 — Conviction of attempt or abetment

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

• § 141 — When offence proved is lesser offence

  141.—(1) If the charge against a person in respect of any offence consists of several particulars, a combination of only some of which forms a complete lesser offence, and the combination is proved but the remaining particulars are not proved, the person may be convicted of the lesser offence althou

• § 142 — Where court finds offence mentioned in section 10 proved

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

• § 143 — 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

• § 144 — Joint trials for connected offences

  144. Despite section 143, persons accused of different offences, whether under the same written law or under different written laws, may be charged separately and tried together, if either or both of the following apply:(a) those offences arise from the same series of acts, whether or not those acts

• § 145 — Joint trials with consent

  145.—(1) A court may try offences together at one trial or order a joint trial even though it cannot do so by virtue of section 133, 134, 135, 136, 138, 143 or 144, if —(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 o

• § 146 — Separate trial when accused is prejudiced

  146. Despite any other provision in this Code, where before a trial or at any stage of a trial, a court is of the view that an accused may be prejudiced or embarrassed in the accused’s defence because —(a) the accused is charged with and tried at one trial for more than one offence under section 133

• § 147 — Withdrawal of remaining charges on conviction on one of several charges

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

• § 148 — 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 ac

• § 149 — Death of accused

  149. Every charge or criminal proceeding abates on the death of the accused, and the court must so order if it is satisfied that the accused is dead.

• § 149A — Interpretation of this Part

  149A. In this Part —“alleged offence” means an offence specified in the Sixth Schedule; “deferred prosecution agreement” or “DPA” means an agreement entered into between the Public Prosecutor and a person who has been charged with, or whom the Public Prosecutor is considering prosecuting for, an al

• § 149B — Entering into DPA, etc.

  149B.—(1) A DPA may be entered into in respect of any alleged offence, whether alleged to have been committed before, on or after 31 October 2018.[19/2018] (2) A DPA in respect of an alleged offence —(a) may be entered into before, on or after the date on which a subject is charged with the alleged

• § 149C — Effect of DPA on court proceedings while DPA is in force

  149C. After a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence, the following apply:(a) if the subject has been charged with the alleged offence, the subject is deemed to have been granted a discharge not amounting to an acquittal in relation to the al

• § 149D — Persons who may enter into DPA with Public Prosecutor

  149D.—(1) A subject may be a body corporate, a limited liability partnership, a partnership or an unincorporated association, but cannot be an individual.[19/2018] (2) In the case of a DPA between the Public Prosecutor and a partnership —(a) the DPA must be entered into in the name of the partnershi

• § 149E — Content of DPA

  149E.—(1) A DPA must contain —(a) a charge or draft charge (prepared by the Public Prosecutor) relating to the alleged offence; and (b) a statement of facts relating to the alleged offence, which may include admissions made by the subject that enters into the DPA.[19/2018] (2) A DPA must specify a

• § 149F — Court approval of DPA

  149F.—(1) When the Public Prosecutor and the subject have agreed on the terms of a DPA, the Public Prosecutor must apply by criminal motion to the General Division of the High Court for a declaration (called in this section the relevant declaration) that —(a) the DPA is in the interests of justice;

• § 149G — Breach of DPA

  149G.—(1) If the Public Prosecutor believes that the subject that entered into a DPA has failed to comply with the terms of the DPA, the Public Prosecutor may make an application to the General Division of the High Court under this section.[19/2018; 40/2019] (2) On an application under subsection (1

• § 149H — Variation of terms of DPA

  149H.—(1) At any time when a DPA is in force, the Public Prosecutor and the subject that entered into the DPA may agree to vary the terms of the DPA.[19/2018] (2) When the Public Prosecutor and the subject that entered into a DPA have agreed to vary the terms of the DPA, the Public Prosecutor must a

• § 149I — Expiry of DPA

  149I.—(1) If a DPA in respect of an alleged offence remains in force until its expiry date, then after the DPA has expired —(a) the Public Prosecutor must —(i) give written notice to the General Division of the High Court that the Public Prosecutor does not intend to prosecute the subject for the al

• § 149J — Publication of information

  149J.—(1) The General Division of the High Court may postpone the giving of public notice under section 149F(5), 149G(4) or (5), 149H(4) or (5) or 149I(1)(a)(ii) for such period as the General Division of the High Court considers necessary, if it appears to the General Division of the High Court tha

• § 149K — Use of material in criminal proceedings

  149K.—(1) Subsections (2) and (3) apply where a DPA in respect of an alleged offence is approved by the General Division of the High Court under section 149F.[19/2018; 40/2019] (2) The statement of facts contained in the DPA is, in any criminal proceedings brought against the subject for the alleged

• § 149L — Money received by prosecutor under DPA

  149L. Any money received by the Public Prosecutor under any of the following terms of a DPA must be paid into the Consolidated Fund:(a) a term requiring the subject that enters into the DPA to pay a financial penalty to the Public Prosecutor; (b) a term requiring the subject that enters into the DP

• § 149M — Appeals from certain decisions under this Part

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

• § 15 — Information about offences received by authorised persons

  15.—(1) When information about an offence is given to any authorised person —(a) that person must immediately record the information in a report and communicate that report to the officer in charge of a police station or any police officer whose duty includes dealing with reports relating to the com

• § 150 — 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.

• § 151 — 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

• § 152 — Dismissal of complaint

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

• § 153 — Issue of summons or warrant

  153.—(1) A Magistrate must issue a summons for the attendance of an accused if —(a) the Magistrate finds sufficient reason to proceed with a complaint made by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body; (

• § 154 — Personal attendance of accused may be dispensed with

  154.—(1) A Magistrate issuing a summons may dispense with the personal attendance of the accused and permit the accused to appear by an advocate.(2) In any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, and in which a Magistrate has issued a su

• § 155 — Absence of complainant in proceedings instituted on complaint

  155. In a private prosecution commenced pursuant to a complaint under section 151 for an offence which is compoundable under section 241, the court may at any time before calling upon the accused to enter upon the accused’s defence, discharge the accused if the complainant is absent.

• § 156 — Absence of accused

  156.—(1) The following apply where an accused does not appear at the time and place mentioned in the summons or notice to attend court:(a) the court may proceed in the absence of the accused to hear and determine the complaint if —(i) the court is satisfied on oath that —(A) the summons or notice wa

• § 157 — Interpretation of this Part

  157. In this Part —“Case for the Defence” means the document by that name mentioned in section 165; “Case for the Prosecution” means the document by that name mentioned in section 162; “co-accused” means any person who is to be tried jointly with an accused and to whom the criminal case disclosure

• § 158 — Reading of charge

  158. In a case to be tried in a Magistrate’s Court or District Court, the following provisions apply:(a) when an accused is first charged in the court for an offence, a charge must be framed, read and explained to the accused; (b) the accused must be asked whether he or she wishes to claim trial or

• § 159 — When criminal case disclosure procedures apply

  159.—(1) The criminal case disclosure procedures apply to an offence which ––(a) is specified in the Second Schedule; and (b) is to be tried in a District Court.[Act 5 of 2024 wef 14/02/2025] (2) [Deleted by Act 5 of 2024 wef 14/02/2025] (3) For any offence other than an offence mentioned in subs

• § 16 — 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, any one or more of the following applies:(a) the case must thereupon be investigated by a police officer; (b) the informant may, by notice of a police officer, be referred to a Magistrate;

• § 160 — Criminal case disclosure conference

  160.—(1) The prosecution and the defence must attend a criminal case disclosure conference as directed by a court in accordance with this Division for the purpose of settling the following matters:(a) the filing of the Case for the Prosecution and the Case for the Defence; (b) any issues of fact or

• § 161 — When Case for the Prosecution is served

  161.—(1) In a case where the criminal case disclosure procedures apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court must, unless there are good reasons, fix a

• § 162 — Contents of Case for the Prosecution

  162.—(1) The Case for the Prosecution must contain —(a) the charge which the prosecution intends to proceed with at the trial; (b) a summary of the facts in support of the charge; (c) a list of the names of the witnesses for the prosecution; (d) a list of the exhibits that are intended by the pro

• § 163 — When Case for the Defence is served

  163.—(1) At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the de

• § 164 — Court to explain to unrepresented accused certain requirements and consequences

  164. At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the accused is not represented by an advocate, the court must explain to the accu

• § 165 — 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 objecti

• § 166 — Time for service of other statements and exhibits

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

• § 167 — Fixing dates for trial

  167. If, at the further criminal case disclosure conference held on the date mentioned in section 163(2), the defence does not indicate that the accused wishes to plead guilty, the court may fix a date for trial.[19/2018]

• § 168 — If co-accused charged subsequently

  168. If, subsequent to any criminal case disclosure conference held under this Division in relation to an accused, a co‑accused is charged, the court may do all or any of the following:(a) order the prosecution to serve on the co‑accused the Case for the Prosecution in relation to the accused; (b)

• § 169 — Consequences of non-compliance with Division 2

  169.—(1) The court may draw such inference as it thinks fit if —(a) the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence; (aa) the prosecution fails to fil

• § 17 — 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, the police officer must, or if he or she is unable to attend to the case, another police officer acting in his or her place must —(a) investigate the facts and ci

• § 170 — Court to try accused or transfer case

  170. In a case where the criminal case disclosure procedures do not apply by virtue of section 159, and on the date the accused is asked by the court how the accused wishes to plead and the accused refuses to plead or does not plead or claims trial, the court may —(a) proceed to try the accused imme

• § 171 — Case 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 case conference to settle any administrative matter in relation to a trial.[Act 25 of 2021 wef 01/04/2022]

• § 172 — Interpretation of this Part

  172. In this Part —“Case for the Defence” means the document by that name mentioned in section 217; “Case for the Prosecution” means the document by that name mentioned in section 214; “co-accused” means any person who is to be tried jointly with an accused in the General Division of the High Cour

• § 173 — When accused first produced in court

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

• § 174 — Remand of accused

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

• § 175 — Procedure for cases to be tried in General Division of High Court

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

• § 18 — Investigation in arrestable cases

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

• § 19 — Diary of proceedings in investigation

  19.—(1) A police officer conducting any investigation under this Part must keep a daily diary of his or her progress, setting out —(a) the time at which any order for investigation reached him or her; (b) the times at which he or she began and closed his or her investigation; (c) the places he or

• § 2 — Interpretation

  2.—(1) In this Code, unless the context otherwise requires —“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore; “arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arr

• § 20 — Power to order production of any document or other thing

  20.—(1) Where a police officer of or above the rank of sergeant, or an authorised person, considers that any document or thing (other than a document or thing in the custody of the Postal Authority, a public postal licensee or the public parcel locker network operator) is necessary or desirable for

• § 21 — Power to require attendance of witnesses

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

• § 210 — Transmission of case to General Division of High Court

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

• § 211 — Public Prosecutor may issue subsequent fiat

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

• § 211A — When criminal case disclosure procedures apply

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

• § 212 — Procedure after case has been transmitted to General Division of High Court

  212.—(1) Where the criminal case disclosure procedures in this Division apply by virtue of section 211A, after the case has been transmitted to the General Division of the High Court, the prosecution and the defence must, unless the Registrar of the Supreme Court for good reason directs otherwise, a

• § 213 — When Case for the Prosecution is served

  213.—(1) If, at the first criminal case disclosure conference held on the date referred to in section 212(1), or on such other date to which the first criminal case disclosure conference has been adjourned under section 238, the defence does not indicate that the accused wishes to plead guilty to th

• § 214 — Contents of Case for the Prosecution

  214.—(1) The Case for the Prosecution must contain the following:(a) a copy of the charge which the prosecution intends to proceed with at the trial; (aa) a summary of the facts in support of the charge;[Act 5 of 2024 wef 14/02/2025] (b) a list of the names of the witnesses for the prosecution; (

• § 215 — 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, the defence does not indicate that the accused wishes to plead guilty, t

• § 216 — Court to explain to unrepresented accused certain matters

  216. If, at the further criminal case disclosure conference held on the date mentioned in section 215(1), the accused is not represented by an advocate, the Registrar of the Supreme Court must explain to the accused, in accordance with the prescribed form, the requirements under section 215(1), the

• § 217 — 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 objecti

• § 218 — Time for service of other statements, etc.

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

• § 219 — Fixing dates for trial

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

• § 22 — Power to examine witnesses

  22.—(1) In conducting an investigation under this Part, a police officer, or a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer or law e

• § 220 — 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 relat

• § 220A — Case conference

  220A. Regardless whether the criminal case disclosure procedures in this Division apply by virtue of section 211A, the Registrar of the Supreme Court may, at any time, fix the date for and conduct a case conference to settle any administrative matter in relation to a trial.[19/2018] [Act 25 of 2021

• § 221 — Consequences of non-compliance with certain requirements in Division 5

  221.—(1) The court may draw such inference as it thinks fit if —(a) the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence; (b) the prosecution fails to file

• § 221A — Meanings of unused material and material witness

  221A.—(1) In this Part, “unused material” means any material —(a) in the prosecution’s possession, other than —(i) any written statement made by an accused at any time and recorded by an officer of a law enforcement agency under any law; or (ii) any other statement given by the accused and recorded

• § 221B — Prosecution’s obligation to serve certain materials on defence

  221B.—(1) Without affecting any requirement imposed under any rule of law (so far as it is not inconsistent with this Code or any other written law) relating to the prosecution’s obligation to serve on the defence any type of material in the prosecution’s possession, or the time of service of such m

• § 221C — No obligation on prosecution to serve list of materials in prosecution’s possession

  221C. To avoid doubt, the prosecution is not obliged by any written law or rule of law to serve on the defence a list of all materials in the prosecution’s possession that the prosecution does not intend to adduce in evidence as part of the prosecution’s case during the trial.[Act 5 of 2024 wef 14/0

• § 221D — Continuing obligation of prosecution to serve unused material or statement of material witness, etc.

  221D.—(1) If during the period —(a) after any unused material, or statement of any material witness, that relates to any charge or charges to be, or that are, proceeded with at the trial against an accused, has been served on the defence pursuant to the time for service under section 221B; and (b)

• § 222 — Conference by video link

  222. A criminal case disclosure conference, or a case conference, held under Part 9 or 10, or any matter in relation to such criminal case disclosure conference or case conference, may be heard by video link.[Act 25 of 2021 wef 01/04/2022]

• § 223 — Extension of time

  223.—(1) Any party to a criminal case disclosure conference may at any time apply to the court for an extension of time or a further extension of time to file or serve any document required under Part 9 or 10.(2) Any application under subsection (1) must be heard in the presence of all the parties t

• § 224 — 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 —(

• § 225 — Restrictions on reports of restricted information

  225.—(1) It is not lawful to publish a report of any information contained in —(a) the Case for the Prosecution mentioned in sections 162 and 214; (b) the Case for the Defence mentioned in sections 165(1) and 217(1); or (c) the statements, exhibits or records mentioned in section 166(1) or 218(1),

• § 225A — Restrictions on use of material disclosed by prosecution

  225A.—(1) Where the prosecution discloses (whether before, on or after 17 September 2018) any material to the accused or the accused’s advocate (if any) for the purposes of any criminal proceedings —(a) that material may be disclosed, for the purposes of those criminal proceedings, to any co‑accused

• § 225B — Mode of disclosing statement recorded in form of audiovisual recording

  225B.—(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any statement made by a person examined under section 22 that is recorded in the form of an audiovisual recording.[19/2018] [Act 5 of 2024 wef 14/02/2025] (2) The prosecution is no

• § 225C — Mode of disclosing exhibit containing intimate image

  225C.—(1) This section applies where any written law or rule of law requires the prosecution to disclose to the defence any exhibit consisting of any image (whether contained in a video recording, photograph or any other medium) of an individual’s genital or anal region, or the breasts of a woman.(2

• § 226 — 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 accuse

• § 227 — Procedure if accused pleads guilty, etc.

  227.—(1) If the accused pleads guilty to the charge after it has been read and explained to the accused, whether as originally framed or as amended, the accused’s plea must be recorded and the accused may be convicted on it.[4/2014] (2) Before the court records a plea of guilty, it must —(a) if the

• § 228 — 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 c

• § 229 — Interpretation of this Part

  229. In this Part, unless the context otherwise requires, “co‑accused” means any person tried jointly with the accused.

• § 23 — Cautioned statements

  23.—(1) If, during an investigation, a person (called in this section the accused) is charged with an offence or informed by a police officer or any other person charged with the duty of investigating offences or charging offenders that the accused may be prosecuted for an offence, the accused must

• § 230 — Procedure at trial

  230.—(1) The following procedure must be complied with at the trial in all courts:(a) at the commencement of the trial, the charge must be read and explained to the accused and the accused’s plea taken; (b) if the accused pleads guilty to the charge, the court must follow the procedure set out in D

• § 231 — Notice required to call witness or produce exhibits not disclosed in Case for the Prosecution or Case for the Defence

  231.—(1) The prosecutor or defence may, at a trial, call a witness or produce an exhibit not disclosed in the Case for the Prosecution or the Case for the Defence, respectively, only if the prosecutor or defence (as the case may be) has given prior notice in writing to the court and the other partie

• § 232 — 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 the accused is sentenced for that charge, the Public Prosecutor may, if he thinks fit, inform the court that the Public Prosecuto

• § 233 — Evidence to be taken in presence of accused

  233. Except as otherwise expressly provided, the evidence of a witness during a trial conducted in accordance with this Part must be taken in the presence of the accused or, when the accused’s personal attendance is dispensed with, in the presence of the accused’s advocate.

• § 234 — Trial before single judge

  234. Every trial in the General Division of the High Court is to be heard and disposed of before a single Judge.[40/2019]

• § 235 — Power of court to order any production of document or thing

  235.—(1) Whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any inquiry, trial or other proceeding under this Code by or before that court, such court may issue a summons to the person in whose possession or power the documen

• § 236 — Right of accused person to be defended

  236. Every accused person before any court may of right be defended by an advocate.

• § 237 — Change of judge during trial

  237.—(1) Subject to subsection (3), if a judge, having heard and recorded the whole or part of the evidence in a trial, is unable to complete the case, it may be continued by another judge who has and who exercises such jurisdiction.(2) The judge who continues the case may, in the interest of justic

• § 238 — Power to postpone or adjourn proceedings

  238.—(1) The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.(2) Subject to subsection (3), if the accused is n

• § 238A — Oral hearing not needed generally

  238A.—(1) Subject to subsection (2), a court may decide any matter without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules.(2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to b

• § 238B — Summary dismissal of applications

  238B.—(1) Any application may, without being set down for hearing, be summarily dismissed by a written order of the court, certifying that the court, having perused the application and any accompanying material, is satisfied that the application has been brought without any sufficient ground.(2) Bef

• § 239 — Power of General Division of High Court to transfer cases

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

• § 24 — When search warrant may be issued

  24.—(1) A court may issue a search warrant if —(a) the court has reason to believe that a person who has been or may be issued an order under section 20(1), (1A), (3) or (3A), or a summons under section 235(1), would not produce any document or other thing (including data), or a copy of the document

• § 240 — Transfer of cases by other courts

  240.—(1) In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the General Division of

• § 241 — Compounding offences

  241.—(1) An offence specified in the third column of the Fourth Schedule may be compounded at any time by the person specified in the fourth column of that Schedule or, if that person is suffering from a legal or mental disability, by any person competent to act on the firstmentioned person’s behalf

• § 242 — Public Prosecutor may compound offences

  242.—(1) The Public Prosecutor may, on such terms and conditions as the Public Prosecutor may determine, at any time compound any offence or class of offences as may be prescribed by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding —(a

• § 243 — Compounding of offences under other written laws

  243.—(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Pro

• § 244 — 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

• § 245 — 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 2010 the accused person is n

• § 246 — Interpretation of this Division

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

• § 247 — Procedure if accused is suspected to be incapable of making defence

  247.—(1) When a court, which is holding or about to hold any inquiry, trial or other proceeding, has reason to suspect that the accused, by reason of unsoundness of mind or any physical or mental condition, is incapable of making the accused’s defence, the court must in the first instance investigat

• § 248 — Certificate of designated medical practitioner

  248.—(1) If the designated medical practitioner certifies that the accused is capable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly.[Act 5 of 2024 wef 14/02/2025] (2) If the designated medical practitioner certifies that the accused is, by reason of

• § 249 — Release, pending investigation or trial, of person incapable of making defence

  249.—(1) This section applies where the court is satisfied under section 248(1), or finds under section 248(2), that an accused is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition.[Act 5 of 2024 wef 14/02/2025] (2) If every offence that t

• § 25 — Search of house suspected to contain stolen property, forged documents, etc.

  25. If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —(a) for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4 of the Consume

• § 250 — Resumption of proceedings

  250.—(1) When any inquiry, trial or other proceeding —(a) is postponed under section 247(4) for the accused to be remanded for observation in a psychiatric institution; or (b) is stayed under section 248(2A),[Act 5 of 2024 wef 14/02/2025] the court may at any time begin the inquiry, trial or other

• § 251 — Acquittal on ground of unsound mind

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

• § 252 — Safe custody of person acquitted

  252.—(1) Whenever the finding states that the accused committed the act alleged, the court before which the trial has been held must, if that act would but for the incapacity found have constituted an offence, order that the person concerned (called in this section the subject) be kept in safe custo

• § 253 — Visiting of person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition

  253.—(1) This section applies to a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in a psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)(c)(ii), 252(

• § 254 — Procedure when person confined under section 249 or released under section 249 or 255(1) is reported able to make defence

  254.—(1) If a person, who is confined pursuant to an order under section 249(9)(b) or (c)(i) or released pursuant to an order under section 249(2) or (9)(c)(ii) or 255(1)(b), is certified by the principal officer and 2 of the visitors of the psychiatric institution to be capable of making his or her

• § 255 — Delivery of person confined under section 249 or 252 to care of relative or friend

  255.—(1) If a relative or friend of an accused confined pursuant to an order under section 249(9)(b) or (c)(i) wishes the accused to be delivered to the care and custody of the relative or friend —(a) the relative or friend may apply for this; and (b) the Minister may make an order that the accused

• § 256 — Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or release

  256.—(1) If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody,

• § 256A — Failure by person released to comply with condition of release order, etc.

  256A.—(1) This section applies to any person who has been released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b).(2) Any police officer may, without a warrant, arrest a person mentioned in subsection (1) who is reasonably suspected —(a) to have failed to c

• § 256B — Personal attendance of person subject to proceedings under this Division may be dispensed with

  256B.—(1) Subject to subsection (2), in any court proceedings under this Division, the court may dispense with the attendance of a person subject to those proceedings if the court is satisfied that it would be in the interests of justice to do so in light of the person’s state of mind or physical or

• § 256C — Court may conduct proceedings through video or television links

  256C. Despite any provision of this Code or of any other written law, in any court proceedings under this Division, if the court is satisfied that —(a) it is in the interests of justice; and (b) sufficient administrative and technical facilities and arrangements are made at the place from which a p

• § 257 — Interpretation of this Part

  257. In this Part, “statement” includes any representation of fact, whether made in words or otherwise.

• § 258 — 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 e

• § 258A — Admissibility of Case for the Defence

  258A.—(1) Where any person is charged with an offence, the Case for the Defence filed under section 163(1) or 215(1) by or on behalf of that person —(a) is admissible in evidence at that person’s trial (including during the presentation of the prosecutor’s statement under section 230(1)(d)); and (b

• § 258B — Reference to certain documents in Case for the Prosecution

  258B. Where any person is charged with an offence, any document mentioned in section 162(1)(a), (b), (c) or (d) or 214(1)(a), (b) or (c), which is contained in the Case for the Prosecution filed under section 161(2) or 213(1) for the purposes of the trial of that person, may be referred to during th

• § 259 — Witness’s statement inadmissible except in certain circumstances

  259.—(1) Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement —(a) is admitted under section 147 of the Evidence Act 1893; (b) is used for the purpose of impeaching the person’s

• § 26 — Form of search warrant

  26.—(1) A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.[40/2019] (2)

• § 260 — 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

• § 261 — Inferences from accused’s silence

  261.—(1) Where in any criminal proceeding evidence is given that the accused on being charged with an offence, or informed by a police officer or any other person charged with the duty of investigating offences that the accused may be prosecuted for an offence, failed to mention any fact which the a

• § 262 — 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 Judicat

• § 263 — Report of qualified persons

  263.—(1) A document, including any exhibits and annexures identified in the document, which is presented as the report of a qualified person concerning a matter or thing duly submitted to the qualified person for examination, analysis or report, may be used as evidence in any criminal proceeding und

• § 264 — Conditioned statements

  264.—(1) Despite anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if the following conditions are satisfied:(a) the statement

• § 264A — Statement recorded in form of audiovisual recording

  264A.—(1) Despite anything in this Code or in any other written law, a statement made by a person that is recorded in the form of an audiovisual recording (called in this section a recorded statement) is admissible as evidence in a criminal proceeding, to the same extent and to the same effect as or

• § 265 — When evidence of past possession of stolen property allowed

  265. Where proceedings are taken against a person for having received goods knowing them to be stolen or for having in the person’s possession stolen property, evidence may be given at any stage of the proceedings that there was found in the person’s possession other property stolen within the prece

• § 266 — When evidence of previous conviction allowed

  266.—(1) Where —(a) proceedings are taken against a person for having received goods knowing them to be stolen or for having in the person’s possession stolen property; and (b) evidence is given that the stolen property was found in the person’s possession, then, if the person has been convicted o

• § 267 — Proof by formal admission

  267.—(1) Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section is, as against t

• § 268 — Hearsay evidence in criminal proceedings

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

• § 269 — Opinion of expert in criminal proceedings

  269.—(1) In any criminal proceedings, an opinion of an expert on a point of scientific, technical or other specialised knowledge is admissible as evidence to the extent that it is so admissible by this Code, the Evidence Act 1893*, the Criminal Procedure Rules or any other written law.(2) The Crimin

• § 27 — 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

• § 270 — Opinion of psychiatrist in criminal proceedings

  270.—(1) In any criminal proceedings, an opinion of a psychiatrist on any matter concerning psychiatry (when given as the opinion of an expert) is not admissible as evidence, unless the psychiatrist is a member of the panel of psychiatrists (called in this section the Panel) established for the purp

• § 278 — Notice of alibi

  278.—(1) In any trial, the accused may not, without the permission of the court, offer evidence in support of an alibi unless the accused gives notice of particulars of the alibi.[Act 25 of 2021 wef 01/04/2022] (2) Without affecting subsection (1), the accused may not call a witness to give such evi

• § 279 — 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 dete

• § 28 — 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)

• § 280 — Power of Magistrate to record statements

  280.—(1) A Magistrate may record a statement made to him or her at any time before a trial begins.(2) The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him or her must be clearly shown as being a question and answer. (3) The Magistrate must not r

• § 281 — Evidence through video or television links

  281.—(1) Despite any provision of this Code or of any other written law, but subject to the provisions of this section, the court may allow the evidence of a person in Singapore (except the accused) to be given through a live video or live television link in any trial, inquiry, appeal or other proce

• § 281A — Measures to prevent witness from seeing accused

  281A.—(1) Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if —(a) the witness is below 18 years of age; (b) the witness is the al

• § 281B — Evidence to be given in private in certain cases

  281B.—(1) Despite any provision of any other written law but subject to subsection (2), in any case where the accused is charged with a sexual offence or child abuse offence, the court must order that the evidence of a witness be given in private, if —(a) the witness is the alleged victim of that of

• § 282 — Attendance of prisoner as witness

  282.—(1) Where the presence of any person detained in a prison in Singapore is required in any court, that court may issue a warrant addressed to the officer in charge of the prison requiring the officer to produce that person before the court in proper custody at the time and place named in the war

• § 283 — Power of court to summon and examine persons

  283.—(1) A court may, on its own motion or on the application of the prosecution or the defence, at the close of the case for the defence, or at the end of any proceeding under this Code, summon a person as a witness or examine a person in attendance as a witness, whether or not summoned, or recall

• § 284 — 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 th

• § 285 — 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.

• § 286 — 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 reco

• § 288 — Interpretation of evidence to accused

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

• § 289 — 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.

• § 29 — 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 searche

• § 290 — How previous conviction or acquittal may be proved

  290.—(1) In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal or any order of court relevant to the case may be proved, in addition to any other way provided by law —(a) by an extract certified to be a copy of the sentence or order by the officer who has cust

• § 291 — Accused not to give evidence except on oath or affirmation

  291.—(1) In all criminal proceedings, the accused may not give evidence except on oath or affirmation, and if the accused does so, the accused is liable to cross‑examination.[19/2018] (2) An accused who is not represented by an advocate has the right to address the court without being sworn or affir

• § 292 — Procedure when accused does not understand proceedings

  292.—(1) If an accused, though not of unsound mind, cannot understand or be made to understand the proceedings, the court may proceed with the trial.[19/2018] (2) For all courts other than the General Division of the High Court, if the trial results in a conviction, then the court must forward the p

• § 293 — Record of evidence in absence of accused

  293.—(1) If it is proved that an accused has absented himself or herself so that there is no immediate prospect of arresting him or her, the court competent to try the accused may, in the accused’s absence, examine any witnesses produced on the prosecution’s behalf and record their depositions.(2) T

• § 294 — Procedure when prospective witness is ill

  294.—(1) Where it appears to a Magistrate that a person able to give material evidence for the prosecution or defence concerning any offence is so dangerously ill that it is not practicable to take the person’s evidence according to the usual course of law, any Magistrate may take the deposition of

• § 295 — Taking of evidence before trial

  295.—(1) Subject to subsection (2), where an application is made by the Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court is to take the evidence of the witness appearing before i

• § 296 — 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 und

• § 297 — Deposition of certain other witnesses

  297. Whenever, at a committal hearing under Division 2 of Part 10 as in force immediately before 17 September 2018, the evidence of any witness has been taken for the purpose of proving the custody or disposal of any matter or thing forwarded in the course of the inquiry to any public officer for ex

• § 298 — 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 whi

• § 299 — 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

• § 3 — Service of notices, orders and documents

  3.—(1) Subject to this section, any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code may be served on that person —(a) by delivering it personally to that person; (b) by addressing it t

• § 30 — Search for person wrongfully confined

  30.—(1) A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.(2) The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the wa

• § 300 — Judgment in alternative

  300. When a person is found guilty of one of several possible offences under any written law, but it is doubtful which of those offences the person is guilty of, the court must record a conviction in the alternative, distinctly specifying those offences, and the offender must be punished for the off

• § 301 — Judgment not to be altered

  301.—(1) Where a court has delivered its judgment, it may rectify a clerical error at any time, and any other error, including an error in the exercise of its sentencing powers, may be rectified by the court by the next working day after the delivery of the judgment.Illustrations (a) A Magistrate’s

• § 302 — Judgment to be filed with record

  302. The judgment must be entered on and, if written, filed with the record of proceedings.

• § 303 — Sentences

  303.—(1) The General Division of the High Court may pass any sentence authorised by law.[40/2019] (2) Subject to this Code and any other written law, a District Court may pass any of the following sentences:(a) imprisonment not exceeding 10 years; (b) fine not exceeding $30,000; (c) caning not exc

• § 303A — Presumptive minimum sentence

  303A.—(1) This section applies where a presumptive minimum sentence is prescribed for an offence under any written law, which is denoted by the words “imprisonment for a presumptive minimum term of not less than” or words to the same or similar effect.[15/2019] (2) The court must, unless subsection

• § 304 — Corrective training and preventive detention

  304.—(1) Where a person of 18 years of age or above —(a) is convicted before the General Division of the High Court or a District Court of an offence punishable with imprisonment for 2 years or more, and has been convicted in Singapore or elsewhere at least twice since he or she reached 16 years of

• § 305 — Reformative training

  305.—(1) If —(a) a person —(i) is convicted by a court of an offence punishable with imprisonment; and (ii) is, on the day of his or her conviction, of or above 18 years of age but below 21 years of age; (b) a person —(i) is convicted by a court other than the Youth Court of an offence punishable

• § 306 — Sentence in case of conviction for several offences at one trial

  306.—(1) Where a person is convicted at one trial of any 2 or more distinct offences, the court must sentence the person for those offences to the punishments that it is competent to impose.(2) Subject to section 307 and subsection (4), where these punishments consist of imprisonment, they are to ru

• § 307 — Consecutive sentences in certain cases

  307.—(1) Subject to subsection (2), if at one trial a person is convicted and sentenced to imprisonment for at least 3 distinct offences, the court before which the person is convicted must order the sentences for at least 2 of those offences to run consecutively.(2) Where a sentence of life impriso

• § 308 — Limit of punishment for offence made up of several offences

  308.—(1) Where anything which is an offence is made up of parts, any of which parts is itself an offence, the person who committed the offence must not be punished with the punishment of more than one of such offences unless it is expressly provided.(2) Where —(a) anything is an offence falling with

• § 309 — 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 the person to any other punishment, order

• § 31 — Person in charge of closed place to allow search

  31.—(1) Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him or her free entry or access and provide all reasonable facilities for a se

• § 310 — Requirements from person subject to supervision

  310.—(1) Every person ordered to be placed under police supervision and who is at large in Singapore must —(a) personally present himself or herself and notify the place of his or her residence to the officer in charge of the police division in which his or her residence is situated; (b) where the

• § 311 — Penalty for non-compliance with section 310

  311.—(1) If any person subject to police supervision who is at large in Singapore —(a) remains in any place for 48 hours without personally presenting himself or herself and notifying the place of his or her residence to the officer in charge of the police division in which such place is situated;

• § 312 — Application of law to orders for police supervision made in Malaysia

  312. Sections 310 and 311 apply to every person who, by reason of an order made under the law for the time being in force in Malaysia or any State thereof, would be subject to the supervision of the police if the person were at large in Malaysia or that State, and who is at large in Singapore.

• § 313 — Provisions as to execution of sentences of death

  313.—(1) The following provisions apply to death sentences:(a) after sentence has been pronounced, a warrant under the seal of the court must be made out for the person sentenced to be committed to the custody of the Commissioner of Prisons in accordance with such prescribed form; (b) the warrant i

• § 314 — No sentence of death against person below 18 years of age

  314. A sentence of death must not be passed or recorded against an accused convicted of an offence if the court has reason to believe that, at the time the offence was committed, the accused was below 18 years of age, but instead the court must sentence the accused to life imprisonment.

• § 315 — Sentence of death not to be passed on pregnant woman

  315.—(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court.(2) If the court

• § 316 — Judgment of death

  316. Where any person is sentenced to death, the sentence must direct that the person must be hanged by the neck until the person is dead but must not state the place where nor the time when the sentence is to be carried out.

• § 317 — Sentences other than of death

  317.—(1) Where an accused is sentenced to imprisonment or to caning, the court must immediately forward a warrant (unless the accused is already confined in prison) stating the name of the accused and sentence to the Commissioner of Prisons or an officer appointed by the Commissioner for that purpos

• § 318 — Date that sentence begins

  318.—(1) Subject to this Code and any other written law, a sentence of imprisonment, corrective training or preventive detention takes effect beginning on the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs.[19/2018;

• § 319 — Provisions as to sentence of fine

  319.—(1) Where any fine is imposed and there is no express provision in the law relating to the fine, the following provisions apply:(a) if the maximum sum is not stated in the law, the fine to which the offender is liable is unlimited but must not be excessive; (b) the court which imposed the fine

• § 32 — Search without warrant for stolen property

  32.—(1) If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and the police officer has good grounds for believing that by reason of the delay in obtaining a search wa

• § 320 — Suspension of execution in certain cases

  320.—(1) Where an offender has been sentenced to a fine only and to imprisonment in default of payment of the fine and the court issues an order of attachment under section 319(1)(b)(iii), it may suspend the sentence of imprisonment and may release the offender on the offender’s executing a bond wit

• § 321 — Who may issue warrant

  321. A warrant for the execution of any sentence, including an order of attachment of property, may be issued either by the Judge, District Judge or Magistrate who passed the sentence or by his or her successor or other Judge, District Judge or Magistrate acting in his or her place.

• § 322 — Commencement of sentence of imprisonment on prisoner already undergoing imprisonment

  322.—(1) Where a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced again to imprisonment, the latter sentence of imprisonment must begin either immediately or at the end of the imprisonment to which the person was previously sentenced, as the court awarding th

• § 323 — Juvenile may be dealt with under Children and Young Persons Act 1993

  323. If a juvenile is convicted of an offence punishable by fine or imprisonment or both, and whether or not the law under which the juvenile is convicted provides that fine or imprisonment or both shall be imposed, the court may, instead of sentencing him or her to fine or imprisonment, deal with t

• § 324 — Return of warrant of execution

  324. Where a death sentence has been carried out pursuant to a warrant issued under section 313(1)(i), the Commissioner of Prisons who carried out the sentence must return the warrant to the court which issued it with an endorsement signed by the Commissioner, certifying that the sentence has been c

• § 325 — Execution of sentence of caning forbidden in certain cases

  325.—(1) The following persons shall not be punished with caning:(a) women; (b) men who are more than 50 years of age at the time of infliction of the caning; (c) men sentenced to death whose sentences have not been commuted. (2) Subject to any other written law, if a person is convicted of one o

• § 326 — 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 r

• § 327 — Time of executing sentence of caning

  327.—(1) Where an accused is sentenced to caning in addition to imprisonment, the caning must not be inflicted —(a) until after the expiry of the time within which notice of appeal may be given under this Code, or any extension of time which may be permitted under this Code; or (b) if notice is so

• § 328 — Limit on number of strokes

  328.—(1) Despite any provision of this Code or any other law to the contrary, where an accused is sentenced at the same sitting for 2 or more offences punishable by caning (called in this section the relevant offences), the aggregate sentence of caning imposed by the court in respect of the relevant

• § 329 — 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 is to be inflicted on such part of the person as the Minister from time to time generally directs. (3) The rattan must not be more than 1.27 centimetres in diameter. (4) In the case of a ju

• § 33 — 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 prop

• § 330 — Caning not to be carried out by instalments

  330.—(1) A sentence of caning must not be executed in instalments.(2) The maximum number of strokes of the cane that can be inflicted on the offender at any one time is 24 strokes for an adult and 10 strokes in the case of a juvenile. —(1) A sentence of caning must not be executed in instalments. (

• § 331 — 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 o

• § 332 — 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) Subject to any other written law, that court may —(a) remit the sentence; or (b) sentence th

• § 333 — 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 sentenc

• § 334 — 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.

• § 335 — 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 s

• § 336 — Meaning of “community order” and “community sentence”

  336.—(1) In this Part, “community order” means any of the following orders:(a) a mandatory treatment order; (b) a day reporting order; (c) a community work order; (d) a community service order; (e) a short detention order. (2) In this Part, “community sentence” means a sentence which consists o

• § 337 — Community orders

  337.—(1) Subject to subsections (2) and (3), a court must not exercise any of its powers under this Part to make any community order in respect of —(a) an offence for which the sentence is fixed by law; (b) an offence for which any of the following is prescribed by law:(i) a specified minimum sente

• § 338 — 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.

• § 339 — Mandatory treatment orders

  339.—(1) Subject to subsections (2), (3) and (4), where an offender is convicted of an offence, and if the court by or before which the offender is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient t

• § 34 — 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 where he or she has reason to believe the document or thing is located if —(a) the police officer considers the document or thing

• § 340 — Obligations of offender subject to mandatory treatment order

  340. An offender in respect of whom a mandatory treatment order is in force must —(a) attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require; (b) comply with such other conditions in connection with his or her treatment as the appointed psychi

• § 341 — Day reporting orders

  341.—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it

• § 342 — Electronic monitoring of offender subject to day reporting order

  342.—(1) Subject to subsection (2), a day reporting order may in addition include requirements for securing the electronic monitoring of the whereabouts of an offender subject to the order during the period when the order is in force against the offender.(2) A court must not make a day reporting ord

• § 343 — Obligations of offender subject to day reporting order

  343. An offender in respect of whom a day reporting order is in force must —(a) report to the day reporting officer on such day and at such time and reporting centre as the day reporting officer may require; (b) undergo such counselling and rehabilitation programme as the day reporting officer may

• § 344 — Community work orders

  344.—(1) This section, and the other provisions in this Part, apply to any offence under any Act or subsidiary legislation which is prescribed under subsection (2).(2) The Minister responsible for the administration of any Act (or any part thereof) or any subsidiary legislation may prescribe any off

• § 345 — Obligations of offender subject to community work order

  345. An offender in respect of whom a community work order is in force must —(a) perform, for the number of hours specified in the order, such work and on such day and at such time and place as the community work officer may require; (b) notify the community work officer of any change of the offend

• § 346 — Community service orders

  346.—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender makes amends to the community for

• § 347 — Obligations of offender subject to community service order

  347. An offender in respect of whom a community service order is in force must —(a) perform, for the number of hours specified in the order, such community service and on such day and at such time and place as the community service officer may require; (b) notify the community service officer of an

• § 348 — Short detention orders

  348.—(1) Where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the

• § 349 — 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

• § 35 — 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 evidenc

• § 350 — Forfeiture of security

  350.—(1) If the court is satisfied that the offender subject to a community order or any other person furnishing the security bond (as the case may be) has failed to comply with any condition specified in respect of any security bond furnished under section 349, the court may direct the forfeiture o

• § 351 — 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, respectiv

• § 352 — Breach of community orders

  352.—(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 3

• § 353 — 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 exe

• § 354 — 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 offenc

• § 355 — Order for payment of costs by accused and order for payment of costs incurred by accused in accused’s defence

  355.—(1) The court before which a person is convicted of an offence may, in its discretion and if satisfied that the defence of the person was conducted in an extravagant and unnecessary manner, make an order for costs, of an amount fixed by the court, to be paid by the person to any other party to

• § 356 — Costs ordered by Court of Appeal or General Division of High Court

  356.—(1) The Court of Appeal or the General Division of the High Court, in the exercise of its powers under Part 20, may —(a) on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court thinks fit; or (b) on

• § 357 — Costs against defence counsel

  357.—(1) Where it appears to a court that costs have been incurred unreasonably or improperly in any proceedings (for example, by commencing, continuing or conducting a matter the commencement, continuation or conduct of which is an abuse of the process of the Court) or have been wasted by a failure

• § 358 — Costs awarded against Public Prosecutor

  358.—(1) Costs awarded against the Public Prosecutor are to be paid out of the Consolidated Fund and costs awarded to and received by the Public Prosecutor are to be paid into the Consolidated Fund.(2) The Public Prosecutor is not personally liable for any costs awarded against him or her. —(1) Cos

• § 359 — Order for payment of compensation

  359.—(1) The court before which an offender is convicted of any offence must, after the conviction, decide whether to make an order for the payment by the offender of compensation to any of the following persons:(a) a person who is injured (in respect of the person’s body, character or property) by

• § 36 — Forfeiture of counterfeit currency or banknote, etc.

  36.—(1) Any police officer of or above the rank of sergeant, upon being satisfied that any person has in the person’s possession —(a) any counterfeit currency or any die, instrument or material for the purpose of counterfeiting any currency; or (b) any forged or counterfeit banknote or any machiner

• § 360 — 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 followin

• § 361 — Costs recoverable as judgment debt

  361. Any order for costs made under this Part is recoverable as a judgment debt.

• § 362 — Reward for unusual exertions and compensation for family of person killed in arresting

  362.—(1) Where the court, whether on its own motion or the Public Prosecutor’s application, considers that a person has shown unusual courage, diligence or effort in the arrest of a person accused of having committed, attempted or abetted an offence punishable with death or imprisonment, then the co

• § 363 — 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

• § 364 — 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 prope

• § 365 — 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.

• § 366 — Payment to innocent person of money in possession of convicted person

  366.—(1) Where a person is convicted of an offence that includes or amounts to theft or receiving stolen property, and it is proved that another person had bought the stolen property from the convicted person without knowing or having reason to believe that it was stolen, the court may, on applicati

• § 367 — Stay of order

  367. The General Division of the High Court may direct an order under section 364, 365 or 366 made by a Magistrate’s Court or District Court to be stayed pending consideration by the General Division of the High Court and may modify, alter or annul that order.[40/2019]

• § 368 — Destruction of libellous and other matter

  368.—(1) On a conviction under section 292, 293, 500, 501 or 502 of the Penal Code 1871, the court may order the destruction of any object, matter, substance, or any other property (including any copy of such property in any media) in respect of which the conviction was had and which is in the custo

• § 369 — 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 an

• § 37 — 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

• § 370 — Procedure governing seizure of property

  370.—(1) If a law enforcement officer seizes any property in the exercise of any power under section 35 or 78, the law enforcement officer must make a report of the seizure to the relevant court at the earlier of the following times:(a) when the law enforcement officer considers that —(i) the proper

• § 371 — Procedure when person entitled to property is known

  371.—(1) If the person entitled to the property mentioned in section 370 is known, the relevant court must cause a notice to be served on that person instructing that person to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of s

• § 372 — Procedure when person entitled to property cannot be ascertained or cannot be found

  372.—(1) If the person entitled to the property mentioned in section 370 cannot be ascertained or cannot be found, the relevant court may direct that it continue to be subject to the custody or control of the relevant law enforcement agency and the head of the relevant law enforcement agency must, i

• § 373 — Interpretation of this Part

  373. In this Part —“appellate court” —(a) means any court when exercising its appellate criminal jurisdiction; and (b) includes, for the purposes only of Division 1B, the Court of Appeal when exercising its jurisdiction under Division 1A or section 397; “trial court” means any court when exercisin

• § 374 — When appeal may be made

  374.—(1) An appeal against any judgment, sentence or order of a court, or any decision of the General Division of the High Court mentioned in section 149M(1), may only be made as provided for by this Code or by any other written law.[19/2018; 40/2019] (2) An appeal may lie on a question of fact or a

• § 375 — 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.

• § 376 — 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 is to be no appeal against the acquittal or the sentence (as the case may be) by the private person. (2) The Public Prosecutor

• § 377 — Procedure for appeal

  377.—(1) Subject to sections 374, 375 and 376, a person who is not satisfied with any judgment, sentence or order of a trial court in a criminal case or matter to which the person is a party may appeal to the appellate court against that judgment, sentence or order in respect of any error in law or

• § 378 — Petition of appeal

  378.—(1) Within 14 days after service of the record of proceedings and the grounds of decision under section 377(6) or (7), the appellant or the appellant’s advocate must lodge a petition of appeal with the Registrar of the Supreme Court (if the trial court is the General Division of the High Court)

• § 379 — Records of court proceedings to be sent to appellate court and respondent

  379. Where the petition of appeal has been filed under section 378, the trial court appealed from must send to the appellate court and the Public Prosecutor or to the respondent or the respondent’s advocate (as the case may be) a signed copy of the record of the proceedings, the grounds of decision,

• § 38 — 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.

• § 380 — Appeal specially allowed in certain cases

  380.—(1) The appellate court may, on the application of any person debarred from appealing for non‑compliance with any provision of this Code, permit the person to appeal against any judgment, sentence or order if it considers it to be in the interests of justice, subject to such terms and condition

• § 381 — Procedure when appellant in prison

  381.—(1) If the appellant is in prison, he or she is deemed to have complied with the requirements in sections 377 and 378 if he or she gives to the officer in charge of the prison, either orally or in writing, a notice of appeal and the particulars to be included in the petition of appeal within th

• § 382 — Bail pending appeal

  382. A State Court or the General Division of the High Court may grant bail to a person who has filed a notice of appeal against the person’s conviction or sentence in accordance with section 377.[5/2014; 40/2019]

• § 383 — Stay of execution pending appeal

  383.—(1) An appeal does not operate as a stay of execution, but the trial court and the appellate court may stay execution on any judgment, sentence or order pending appeal, on any terms as to security for the payment of money or the performance or non‑performance of an act or the suffering of a pun

• § 384 — 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 o

• § 385 — Notice and time of hearing

  385. If the appellate court does not reject the appeal summarily under section 384, it must cause notice to be given to the parties to the appeal of the time and place at which the appeal will be heard.

• § 386 — Appeal to be heard by one or more Judges

  386.—(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges.[40/2019] (2) An appeal before the Court of Appeal may ordin

• § 387 — Procedure at hearing

  387.—(1) At the hearing of an appeal, the appellate court must hear the appellant or the appellant’s advocate, if the appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or the respondent’s advocate, if the respondent or the respondent’s advocate appears, and must hea

• § 388 — Non-appearance of respondent

  388.—(1) If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on the respondent, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a

• § 389 — Arrest of respondent in certain cases

  389.—(1) Where the General Division of the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the General Division of the High Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not

• § 39 — Power to access computer

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

• § 390 — Decision on appeal

  390.—(1) At the hearing of the appeal, the appellate court may, if it considers there is no sufficient ground for interfering dismiss the appeal, or may —(a) in an appeal from an order of acquittal —(i) reverse the order and direct that further inquiry is to be made or that the accused is to be retr

• § 391 — Omission to frame charge

  391.—(1) A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice.(2) If the appellate court is of such opinion, the appellate court must order a new trial. —(1) A judg

• § 392 — Taking additional evidence

  392.—(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court.(2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be pr

• § 393 — Death of party to appeal

  393.—(1) Where a person has died —(a) any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and (b) where any relevant appeal was begun by the person while he or she was alive or is begun in

• § 394 — 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 c

• § 394A — Public Prosecutor to file petition for confirmation

  394A.—(1) Where the General Division of the High Court passes a sentence of death on an accused —(a) if there is no appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal — the Public Prosecutor must, on the expiry of 90 days after the time allow

• § 394B — Court of Appeal to review sentence of death

  394B. The Court of Appeal must examine the record of proceedings and the grounds of decision and must satisfy itself as to the correctness, legality and propriety of —(a) the conviction of the accused for the offence for which the sentence of death is imposed; and (b) the imposition of the sentence

• § 394C — Powers of Court of Appeal in petition for confirmation

  394C. The Court of Appeal may in any proceeding relating to a petition for confirmation exercise such powers as it may exercise in an appeal by the accused.[33/2012]

• § 394D — Permission for parties to be heard

  394D.—(1) No party has the right to be heard either personally or by advocate before the Court of Appeal in any proceeding relating to a petition for confirmation.[33/2012] (2) The Court of Appeal may, if it thinks fit, hear any party either personally or by advocate.[33/2012] —(1) No party has the

• § 394E — Orders on review

  394E.—(1) If the Court of Appeal is satisfied as to the correctness, legality and propriety of —(a) the conviction of the accused for the offence for which the sentence of death is imposed; or (b) the imposition of the sentence of death for the offence, where the sentence of death is not mandatory

• § 394F — Interpretation of this Division

  394F.—(1) In this Division, unless the context otherwise requires —“application for PACC permission” has the meaning given by section 60F of the Supreme Court of Judicature Act 1969;[Act 41 of 2022 wef 28/06/2024] “application for permission” means an application for permission to make a review app

• § 394G — Conditions for making review application

  394G.—(1) A review application cannot be made in respect of an earlier decision of an appellate court unless any of the following applies:(a) the earlier decision is a decision of the appellate court on the merits of an appeal; (b) the earlier decision is a decision of the appellate court to dismis

• § 394H — Application for permission to make review application

  394H.—(1) Before making a review application, the applicant must apply to the appellate court for, and obtain, the permission of that court to do so.[19/2018] [Act 25 of 2021 wef 01/04/2022] (2) An application for permission must be fixed for hearing within such period as is prescribed by the Crimin

• § 394I — Hearing of review application

  394I.—(1) Where the appellate court grants permission to make a review application, the review application must be made to the appellate court, and fixed for hearing, within such period as is prescribed by the Criminal Procedure Rules.[19/2018] [Act 25 of 2021 wef 01/04/2022] (2) The applicant in a

• § 394J — Requirements for exercise of power of review under this Division

  394J.—(1) This section —(a) sets out the requirements that must be satisfied by an applicant in a review application before an appellate court will exercise its power of review under this Division; and (b) does not affect the inherent power of an appellate court to review, on its own motion, an ear

• § 394K — Other matters concerning review applications and applications for permission

  394K.—(1) An applicant cannot make more than one review application in respect of any decision of an appellate court.[19/2018] (2) An applicant cannot make a review application in respect of an earlier decision of an appellate court after —(a) in any case where a court hears a related specified appl

• § 395 — 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

• § 396 — Application to state case directly to Court of Appeal

  396.—(1) Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a State Court for the opinion of the General Division of the High Court under section 395, apply to state a case directly to the Court of Appeal.[5/2014; 40/2019] (2) An ap

• § 397 — Reference to Court of Appeal of criminal matter determined by General Division of High Court in exercise of its appellate or revisionary jurisdiction

  397.—(1) When a criminal matter has been determined by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of wh

• § 398 — Determination and order

  398.—(1) The General Division of the High Court or the Court of Appeal (as the case may be) must hear and determine any question of law arising on the case stated under section 395 or 396 and must affirm, amend or reverse the decision or make any other order it thinks fit.[40/2019] (2) Any judge sta

• § 399 — Opinion on case stated

  399.—(1) The opinion of the General Division of the High Court or the Court of Appeal must be in the form of an answer to the question set out in the case stated under section 395 or 396.[40/2019] (2) The Registrar of the Supreme Court must deliver a copy of the opinion of the General Division of th

• § 4 — Trial of offences under Penal Code 1871 or other laws

  4.—(1) Offences under the Penal Code 1871 must be inquired into and tried according to this Code.(2) Offences under any other written law must also be inquired into and tried according to this Code, subject to any law regulating the manner or place of inquiring into or trying those offences. —(1) O

• § 40 — 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 ment

• § 400 — Power to call for records of State Courts

  400.—(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State Court to satisf

• § 401 — Powers of General Division of High Court on revision

  401.—(1) On examining a record under revision in this Division, the General Division of the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.[40/2019] (2) The General Divis

• § 402 — Orders on revision

  402. Where a case is revised under this Division, the General Division of the High Court must certify its decision or order to the State Court which recorded or passed the judgment, sentence or order and that Court must make the requisite orders to give effect to the decision or order.[5/2014; 40/20

• § 403 — Permission for parties to appear

  403.—(1) No party has any right to be heard either personally or by advocate before the General Division of the High Court when the General Division of the High Court is exercising its powers of revision under this Division or Division 4.[40/2019] (2) The General Division of the High Court may, if i

• § 404 — Power to revise orders made at criminal case disclosure conference

  404.—(1) The General Division of the High Court may, on its own motion or on the application of the Public Prosecutor or the accused in any criminal case disclosure conference, call for and examine the record of any criminal case disclosure conference held under Part 9 or 10 before a Magistrate, a D

• § 405 — Motion

  405.—(1) A motion to the General Division of the High Court or the Court of Appeal in respect of any criminal matter must be made in accordance with this Division.[19/2018; 40/2019] (2) In this Division, the relevant court is the court to which the motion is made.[19/2018] —(1) A motion to the Gene

• § 406 — Notice of motion

  406.—(1) A motion must not be made without previous notice to the other party to the proceedings.(2) There must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion, unless —(a) the relevant court gives permission to t

• § 407 — Form and issue of notice of motion

  407.—(1) The notice of a criminal motion must be in the prescribed form.(2) The notice of a criminal motion must be —(a) supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and (b) sealed by an officer of th

• § 408 — Adjournment of hearing

  408. The hearing of a criminal motion may be adjourned from time to time by the relevant court on such terms as the relevant court thinks fit.[19/2018]

• § 408A — Dealing with motion in absence of parties, etc.

  408A.—(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if —(a) the respondent is —(i) the prosecution; or (ii) an accused who is represented by an advocate; and (b) each party —(i) consents to the motion being dealt with in the absence of tha

• § 408B — Decision or order affecting lower court

  408B. Where, on hearing or dealing with a criminal motion, the relevant court makes a decision or an order that affects a lower court, the relevant court must certify its decision or order to the lower court.[19/2018]

• § 409 — Costs

  409. If the relevant court dismisses a criminal motion and is of the opinion that the motion was frivolous or vexatious or otherwise an abuse of the process of the relevant court, it may, either on the application of the respondent or on its own motion, order the applicant of the criminal motion to

• § 40A — Powers of investigation of certain law enforcement officers when recording statements

  40A.—(1) An officer of a prescribed law enforcement agency (other than the Singapore Police Force) who —(a) is authorised by any written law other than this section to exercise the powers of a police officer under this Code in relation to an investigation into an arrestable offence when investigatin

• § 40B — Officer deemed to be of certain rank

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

• § 40C — Powers of investigation of certain law enforcement officers when investigating certain bail or bond offences

  40C.—(1) An officer of a prescribed law enforcement agency may investigate —(a) an offence under section 103(5) in relation to a person accused of an offence (called in this section the relevant offence) and who is released on bail or on his or her personal bond, if the relevant offence is one which

• § 40D — Powers of investigation of certain law enforcement officers when investigating offence of leaving Singapore without travel document

  40D.—(1) If —(a) the head or an authorised director of any relevant law enforcement agency or a person of a similar rank (called in this section the relevant person), or an officer of a relevant law enforcement agency (called in this section the relevant officer), pursuant to section 112(1)(b) or (c

• § 40E — Interpretation of this Division

  40E. In this Division —“accused person” means any person who has been concerned in an offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;

• § 40F — When FME is required

  40F.—(1) Subject to subsection (2) and section 40H, any police officer may require an individual to undergo an FME for the purpose of searching for a thing, or evidence of a thing —(a) that is relevant to an offence that is reasonably suspected to have been committed; and (b) the existence or absen

• § 40G — Who may carry out FME and how it is to be carried out

  40G.—(1) For the purposes of this Division, a police officer or a forensic specialist may carry out an FME on an individual, except that the following FME may only be carried out by a medical practitioner or a nurse:(a) an FME involving a physical medical examination of the individual; (b) an FME i

• § 40H — Consent of alleged victim to undergo FME required in certain circumstances

  40H.—(1) Subject to subsections (2) and (3), a police officer must not, under section 40F, require an alleged victim to undergo an FME unless —(a) in the case where the alleged victim has reached 16 years of age — the alleged victim consents; (b) in the case where the alleged victim has not reached

• § 40I — Reasonable force to carry out FME in certain cases

  40I.—(1) Where —(a) an accused person is required to undergo an FME under this Division which does not involve —(i) a physical medical examination of the accused person’s intimate parts; (ii) the taking of an invasive sample from the accused person; (iii) the taking of a body sample from the accus

• § 40J — Offence for refusal to undergo FME

  40J.—(1) Where an accused person is required to undergo an FME under this Division, the accused person commits an offence if the accused person, without reasonable excuse —(a) refuses to undergo the FME; or (b) otherwise hinders or obstructs the carrying out of the FME. (2) An accused person commi

• § 40K — Inferences against accused person for refusal to undergo FME

  40K.—(1) Where in any criminal proceeding, it is shown that the accused person who is required to undergo an FME under this Division has refused to undergo the FME without reasonable excuse, the court may in determining —(a) whether to commit the accused person for trial in connection with the crime

• § 41 — Security for keeping peace on conviction

  41.—(1) When a person is charged with and convicted of —(a) rioting, assault or any other breach of the peace or abetting any such offence; (b) an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order a

• § 417 — Application for order for review of detention

  417.—(1) Any person —(a) [Deleted by Act 17 of 2022 wef 01/07/2022] (b) who is alleged to be illegally or improperly detained in public or private custody within those limits; or (c) who claims to be brought before the court to be dealt with according to law, may apply to the General Division of

• § 418 — Orders for review of detention

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

• § 419 — Court martial

  419.—(1) Every application for a prisoner detained in custody to be brought before a court martial for trial must be in the form of a letter addressed by either the registrar of the military courts or the president of that court martial, stating the purpose for which the court martial has been assem

• § 42 — Security for keeping peace by complainant

  42.—(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that the complainant should be ordered to execute a bond to keep the peace, the court may require the complainant to show cause why the complainant should not be ordered to execute a bon

• § 420 — Removal of prisoner from one custody to another

  420.—(1) Every application to remove a prisoner from one custody to another for the purpose of trial or for any other purpose must be made to the General Division of the High Court and must be supported by an affidavit stating —(a) where the prisoner is detained in custody; (b) to what other custod

• § 421 — Duty of officer to whom order or warrant is addressed

  421. The officer to whom any order for review of detention or warrant is addressed under this Division or under section 98 or 282 must act in accordance with it and must provide for the safe custody of the prisoner during the prisoner’s absence from prison for the purpose mentioned in the order or w

• § 422 — No appeal

  422. No appeal shall lie from an order directing or refusing to direct the issue of an order for review of detention or from an order made under section 418 but the General Division of the High Court may at any time adjourn the hearing for the decision of a Court consisting of 3 or more Judges.[40/2

• § 423 — 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 a

• § 424 — Duty to give information of certain matters

  424. Every person aware of the commission of or the intention of any other person to commit any arrestable offence punishable under Chapters 6, 7, 8, 12 and 16 of the Penal Code 1871 or under any of the following sections of the Penal Code 1871:Sections 161, 162, 163, 164, 170, 171, 211, 212, 216, 2

• § 425 — Irregularity in attachment

  425.—(1) An attachment made under this Code is not considered unlawful, nor is any person making it considered to have done any wrong, on account of some defect or lack of form in the summons, conviction, order of attachment or other proceeding relating to it.(2) The person mentioned in subsection (

• § 425A — Prohibition against publication, etc., that identifies complainant or alleged victim of sexual offence or child abuse offence

  425A.—(1) Subject to subsection (2), where any person knows that an individual is a complainant, or an alleged victim, of a sexual offence or child abuse offence, that person must not do any of the following things:(a) publish the name, address or photograph of the individual; (b) publish any evide

• § 425B — Information not to be disclosed if prejudicial to national or public interests, etc.

  425B.—(1) If —(a) at any time after the commencement of a criminal investigation, any person makes an application to the officer of a law enforcement agency who is in charge of the investigation for information in any document or thing relating to the investigation; and (b) the document or thing co

• § 426 — 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 proceed

• § 427 — Amendment of Schedules

  427.—(1) The Minister may, by order in the Gazette, amend any of the Schedules.(2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient. (3) Every order made under subsection (1) must be presented t

• § 428 — Minister to make regulations

  428.—(1) The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Code.(2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:(a) the treatme

• § 428A — Criminal Procedure Rules Committee and Criminal Procedure Rules

  428A.—(1) A committee called the Criminal Procedure Rules Committee is constituted by this section.[19/2018] (2) The Criminal Procedure Rules Committee consists of the following members:(a) the Chief Justice, who is the chairperson of the Committee; (b) 2 Supreme Court Judges (excluding the Presidi

• § 429 — Saving and transitional provisions

  429.—(1) This Code does not affect —(a) any inquiry, trial or other proceeding commenced or pending under the repealed Code before 2 January 2011, and every such inquiry, trial or other proceeding may be continued and everything in relation thereto may be done in all respects after that date as if t

• § 43 — Security for keeping peace generally

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

• § 44 — Security for good behaviour from suspected offenders, etc.

  44.—(1) A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a) the person is trying to conceal his or her presence and there is reason to believe that he

• § 45 — Security for good behaviour from habitual offenders

  45. A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a) the person habitually commits offences; (b) the person habitually associates with robbers, hou

• § 46 — 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 bon

• § 47 — Procedure in respect of person subject to order

  47.—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.(2) If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if h

• § 48 — Attendance of person required to execute bond

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

• § 49 — 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 inf

• § 5 — Saving of powers of Supreme Court and law officers

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

• § 50 — 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 larg

• § 51 — 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. —

• § 52 — Contents of bond

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

• § 53 — Power to reject sureties

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

• § 54 — 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 the person to prison for a period not exceeding the period for which the security is ordered to be given.(2) If the person mentioned i

• § 55 — Power to release person imprisoned for failing to give security

  55.—(1) When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released.(2) A court other than the General Division of the High Court must not exercise this

• § 56 — 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

• § 57 — 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 derogates from the powers conferred on any person under the Publ

• § 58 — 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 per

• § 59 — 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.

• § 6 — 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.

• § 60 — Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly

  60.—(1) When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he or she may require any commissioned or non‑commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces to dis

• § 61 — When commissioned officer may disperse unlawful assembly by military force

  61. When the public security is manifestly endangered by any such assembly and when neither the Minister nor the Commissioner of Police nor a Deputy Commissioner of Police can be communicated with, any commissioned officer in the Singapore Armed Forces may disperse such assembly by military force an

• § 62 — Protection against prosecution for acts done under this Division

  62. No prosecution against the Minister or any police officer or officer, sailor, soldier or airman in the Singapore Armed Forces for any act purporting to be done under this Division may be instituted in any criminal court except with the sanction of the President, and —(a) no police officer acting

• § 63 — Prevention of offences and use of lethal force by police

  63.—(1) Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his or her ability, use all lawful means to prevent the commission of the offence.(2) Without limiting subsection (1), a police offi

• § 64 — When arrest may be made without warrant

  64.—(1) Any police officer may, without a warrant, arrest any person who —(a) has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having bee

• § 65 — Arrest on refusal to give name and residence to police officer

  65.—(1) A police officer may arrest any person who is accused of committing, or who commits in the view or presence of the police officer, a non-arrestable offence if, on the demand of the police officer, the person refuses to give his or her name, residential address or unique identification number

• § 66 — Arrest by private person

  66.—(1) Any private person may arrest any person who, in the private person’s view or presence, commits an arrestable non‑bailable offence, or who has been proclaimed as an offender under section 88.(2) The private person must, without unnecessary delay, hand over the arrested person to a police off

• § 67 — How arrested person to be dealt with

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

• § 68 — Person arrested not to be detained more than 48 hours

  68.—(1) Unless the court orders otherwise under section 92(3)(a) or 93(3B)(a), no police officer may detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.[19/2018] (2) The period must not exceed 48 hours exc

• § 69 — Warrant to whom directed

  69.—(1) An arrest warrant must ordinarily be directed to the Commissioner of Police or to the head of any law enforcement agency, or any person of a similar rank in a law enforcement agency.[19/2018] (2) An arrest warrant —(a) if directed to the Commissioner of Police, may be executed by any police

• § 7 — Criminal jurisdiction of Magistrates’ Courts

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

• § 70 — 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.

• § 71 — Form of arrest warrant

  71.—(1) An arrest warrant issued by a court under this Code must be in writing bearing the seal of the court and signed by a Magistrate or District Judge (as the case may be), or in the case of the General Division of the High Court, by a Judge or by the Registrar of the Supreme Court.[40/2019] (2)

• § 72 — Court may endorse on warrant security to be taken

  72.—(1) A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for the person’s attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the

• § 73 — Notification of content of warrant

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

• § 74 — Arrested person to be brought before court without delay

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

• § 75 — How to arrest

  75.—(1) In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action.(2) If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable mean

• § 76 — No unnecessary restraint

  76. The person arrested must not be restrained more than is necessary to prevent his or her escape.

• § 77 — 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 the police officer or person acting un

• § 78 — Search of person arrested and his or her premises

  78.—(1) Whenever —(a) a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or (b) a person is arrested without warrant by a police officer or a pri

• § 79 — Power to seize offensive weapons

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

• § 8 — Criminal jurisdiction of District Courts

  8.—(1) District Courts have jurisdiction and power to try any offence for which the maximum term of imprisonment provided by law does not exceed 10 years or which is a fine-only offence.[19/2018] (2) Every District Court has in the exercise of its jurisdiction all the powers of a Magistrate’s Court.

• § 80 — Search for name and address

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

• § 81 — 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

• § 82 — Mode of freeing persons

  82. A police officer or other person authorised to make an arrest may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in it.

• § 83 — Mode of searching women

  83.—(1) Except as provided in subsection (2), whenever it is necessary to cause a woman to be searched, the search must be made by a relevant officer who is a woman.[19/2018] (2) A search of a woman may be made by a relevant officer who is a man, if (and only if) all of the following conditions are

• § 84 — Power to pursue and arrest after escape or rescue

  84.—(1) If a person (A) in lawful custody escapes or is rescued —(a) the person who has lawful custody of A at the time of A’s escape or rescue; (b) where the person who has lawful custody of A at the time of A’s escape or rescue is from a prescribed law enforcement agency or a specified law enforc

• § 85 — Release of arrested person

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

• § 86 — Public assistance in arrests

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

• § 87 — 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.

• § 88 — Proclamation for person absconding

  88.—(1) If a court has reason to believe, whether after taking evidence or not, that a person against whom a warrant of arrest has been issued has absconded or is hiding so that the warrant cannot be executed, the court may publish a written proclamation requiring the person to appear at a specified

• § 89 — 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 meth

• § 9 — Enlargement of jurisdiction of State Courts

  9.—(1) Where an offence is triable by a District Court but not by a Magistrate’s Court, the Public Prosecutor may in writing authorise a Magistrate’s Court in any particular case to try the offence.[5/2014] (2) Despite section 7(1), a Magistrate’s Court may try any offence —(a) under the Penal Code

• § 90 — 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 procee

• § 91 — Interpretation of this Division

  91. In this Division —“released person” means any person who is released on bail or on his or her personal bond, as the case may be; “surrender to custody”, in relation to a released person, means to surrender himself or herself into the custody of the court or a police officer (as the case may be)

• § 92 — When person must normally be released on bail or personal bond, or on both

  92.—(1) When any person, except a person accused of a non‑bailable offence —(a) is arrested or detained without warrant by a police officer, or appears or is brought before a court; and (b) is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings

• § 93 — When person accused of non-bailable offence may be released on bail or personal bond

  93.—(1) Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.(1A) Despi

• § 94 — Conditions of bail or personal bond

  94.—(1) All of the following conditions are imposed when a police officer or the court grants bail or releases the accused on personal bond under section 92 or 93, unless the police officer or the court (as the case may be) specifies otherwise:(a) the accused must surrender the accused’s travel docu

• § 95 — Exceptions to bail or release on personal bond

  95.—(1) An accused must not be released on bail or on personal bond if —(a) the accused is charged for an offence punishable with death or imprisonment for life; (b) the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules,

• § 96 — 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.

• § 97 — Powers of General Division of High Court regarding bail

  97.—(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —(a) release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond; (b) vary the amount or c

• § 98 — Application for bail or release on personal bond in General Division of High Court

  98.—(1) An application to the General Division of the High Court for bail or release on personal bond must, unless otherwise ordered, be supported by an affidavit stating sufficient facts to enable the court to determine whether or not such bail or release should be granted.[40/2019] (2) If the cour

• § 99 — Bond to be executed

  99.—(1) Before any person is released on his or her personal bond under this Division, a bond for such sum of money as the police officer or court thinks sufficient must be executed by the person.(2) When a person is released on bail, the bond must be executed by one or more sufficient sureties, on