Division 1 — Security for keeping peace and for good behaviour
Security for keeping peace on conviction
41.—(1) When a person is charged with and convicted of —(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before 15 November 2014 or under section 3, 4, 5 or 6 of the Protection from Harassment Act 2014;
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which that person is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order that person to execute a bond for a sum proportionate to that person’s means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
[17/2014; 5/2015]
(2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
—(1) When a person is charged with and convicted of —(a)
rioting, assault or any other breach of the peace or abetting any such offence;
(b)
an offence under section 143, 144, 145, 153 or 504 of the Penal Code 1871, under section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before 15 November 2014 or under section 3, 4, 5 or 6 of the Protection from Harassment Act 2014;
(c)
assembling armed men or taking other unlawful measures for such purpose; or
(d)
committing criminal intimidation by threatening injury to any person or property,
and the court before which that person is convicted believes that that person must execute a bond for keeping the peace, then the court may, at the time of passing sentence on that person, or instead of any sentence, order that person to execute a bond for a sum proportionate to that person’s means, with or without sureties, for keeping the peace for a period not exceeding 2 years.
[17/2014; 5/2015]
(2) If the conviction is set aside on appeal or otherwise, the bond so executed becomes void.
Security for keeping peace by complainant
42.—(1) If, during or after a trial, the court considers that a complainant is or has been behaving in such a way that the complainant should be ordered to execute a bond to keep the peace, the court may require the complainant to show cause why the complainant should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.(2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it is not necessary to recall any witness unless the complainant desires to cross‑examine the witness.
(3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
—(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 bond to keep the peace for a period not exceeding 2 years.
(2) The evidence which the court relies on under subsection (1) must be read to the complainant, but it is not necessary to recall any witness unless the complainant desires to cross‑examine the witness.
(3) The court may deal with this proceeding either as part of the case out of which it has arisen or as a separate proceeding.
Security for keeping peace generally
43. If it appears to a court that a person is likely to breach the peace or do a wrongful act that might lead to a breach of the peace, the court may require the person to show cause why the person should not be ordered to execute a bond to keep the peace for a period not exceeding 2 years.
Security for good behaviour from suspected offenders, etc.
44.—(1) A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a)
the person is trying to conceal his or her presence and there is reason to believe that he or she is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or herself or is unable to give a satisfactory account of himself or herself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —(i)
any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code 1871†; or[Act 30 of 2021 wef 02/11/2022]
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code 1871.[†Updated to be consistent with the 2020 Revised Edition]
(2) No proceeding may be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
—(1) A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a)
the person is trying to conceal his or her presence and there is reason to believe that he or she is doing so with a view to committing an offence;
(b)
the person has no apparent means of supporting himself or herself or is unable to give a satisfactory account of himself or herself; or
(c)
the person orally or in writing disseminates or tries to disseminate or in any way helps to disseminate —(i)
any material which forms the subject matter of a charge under section 267C, 298A or 505 of the Penal Code 1871†; or[Act 30 of 2021 wef 02/11/2022]
(ii)
any matter concerning a Judge or a judicial officer amounting to criminal intimidation or defamation under the Penal Code 1871.[†Updated to be consistent with the 2020 Revised Edition]
(2) No proceeding may be taken under subsection (1)(c) except with the consent of the Public Prosecutor.
Security for good behaviour from habitual offenders
45. A court may require a person to show cause why the person should not be ordered to execute a bond for his or her good behaviour for a period not exceeding 2 years, if it appears to the court that —(a)
the person habitually commits offences;
(b)
the person habitually associates with robbers, housebreakers, thieves, prostitutes or people who have no apparent means of subsistence; or
(c)
the person is so desperate or dangerous as to pose a risk to the community when at large.
Order to show cause
46. Where a court acting under section 43, 44 or 45 considers it necessary to require any person to show cause under the section, it must make an order in writing setting out —(a)
the information received on which the court is acting;
(b)
the amount of the bond to be executed;
(c)
how long the bond will be in force; and
(d)
the number of sureties (if any) required.
Procedure in respect of person subject to order
47.—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.(2) If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.
(3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
—(1) If the person subject to an order under section 46 is present in court, the order must be read to him or her or, if he or she wishes, explained to him or her.
(2) If the person subject to the order is not present in court, the court must issue a summons requiring the person to appear or, if he or she is in custody, a warrant instructing the officer in whose custody the person is to bring the person before the court.
(3) The court may issue a warrant for a person’s arrest if the court is satisfied that, based on a police officer’s report or other information, there is reason to fear a breach of the peace and that this can be prevented only by the person’s immediate arrest.
(4) A copy of the order under section 46 must accompany every summons or warrant issued under subsection (2) or (3).
(5) The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
Attendance of person required to execute bond
48. The court may, if it has good reasons, dispense with the personal attendance of a person subject to an order under section 46, and permit the person to appear by an advocate.
Inquiry as to truth of information
49.—(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.(2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3) For the purposes of this section, a person’s habitual offending may be proved by evidence of the person’s general reputation or in other ways.
—(1) When an order under section 46 has been read or explained under section 47(1) to a person present in court or when a person appears or is brought before the court in compliance with a summons or in execution of a warrant under section 47, the court must then inquire into the truth of the information on which it has acted and will take further evidence as appears necessary.
(2) The inquiry must follow as closely as practicable the procedure prescribed in this Code for conducting trials, except that no charge need be framed.
(3) For the purposes of this section, a person’s habitual offending may be proved by evidence of the person’s general reputation or in other ways.
Order to give security
50.—(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.(2) The bond may be with or without sureties and —(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and must not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.
—(1) If after an inquiry under section 49, the court is satisfied that the person subject to the order must execute a bond in order to keep the peace or maintain good behaviour, the court must make such order as is appropriate.
(2) The bond may be with or without sureties and —(a)
must not be larger than the amount or longer than the period specified in the order made under section 46; and
(b)
the amount of the bond must be fixed with due regard to the circumstances of the case and must not be excessive but must be such as to afford the person against whom the order is made a fair chance of complying with it.
(3) If the court is satisfied that a bond is not necessary, the court must release the person subject to the order.
Division 2 — Proceedings following order to provide security
Start of period for which security is required
51.—(1) If any person subject to an order under section 41 or 50 is, at the time the order is made, sentenced to or undergoing imprisonment, the period for which the security is required will begin at the end of that sentence.(2) In all other cases, the period will begin on the date of the order.
—(1) If any person subject to an order under section 41 or 50 is, at the time the order is made, sentenced to or undergoing imprisonment, the period for which the security is required will begin at the end of that sentence.
(2) In all other cases, the period will begin on the date of the order.
Contents of bond
52.—(1) The bond to be executed by any person subject to an order under section 41 or 50 (as the case may be) binds the person —(a)
to keep the peace; or
(b)
to be of good behaviour.
(2) In the case of subsection (1)(b), it is a breach of the bond to commit, attempt to commit or abet the commission of an offence punishable with imprisonment.
—(1) The bond to be executed by any person subject to an order under section 41 or 50 (as the case may be) binds the person —(a)
to keep the peace; or
(b)
to be of good behaviour.
(2) In the case of subsection (1)(b), it is a breach of the bond to commit, attempt to commit or abet the commission of an offence punishable with imprisonment.
Power to reject sureties
53. A court may refuse to accept any particular person offered as surety under this Part.
Imprisonment in default of security
54.—(1) If a person ordered to give security under section 41 or 50 fails to do so by the date on which the period for the security is to begin, the court may commit the person to prison for a period not exceeding the period for which the security is ordered to be given.(2) If the person mentioned in subsection (1) is already in prison, he or she must stay there until the end of the term that the court has determined under subsection (1) or until he or she gives the security as ordered, whichever is the earlier.
—(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 in subsection (1) is already in prison, he or she must stay there until the end of the term that the court has determined under subsection (1) or until he or she gives the security as ordered, whichever is the earlier.
Power to release person imprisoned for failing to give security
55.—(1) When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released.(2) A court other than the General Division of the High Court must not exercise this power except in cases where the imprisonment is under its own order or that of a similar court.[40/2019]
—(1) When a court decides that a person imprisoned for failing to give security under this Part may be released without danger to the community or to another person, the court may order that person to be released.
(2) A court other than the General Division of the High Court must not exercise this power except in cases where the imprisonment is under its own order or that of a similar court.[40/2019]
Discharge of surety
56.—(1) Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part.(2) On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it.
(3) When that person comes before the court, the court must cancel the bond and order that person to provide adequate security for the remaining term of the bond.
(4) Every such order referred to in subsection (3) is to be treated as made under section 41 or 50 and in such a case, sections 52 to 55 apply accordingly.
—(1) Any surety for the peaceable conduct or good behaviour of a person may at any time apply to a court to cancel any bond executed under this Part.
(2) On receiving the application, the court must issue a summons or warrant, as it thinks fit, requiring the person for whom that surety is bound to appear or to be brought before it.
(3) When that person comes before the court, the court must cancel the bond and order that person to provide adequate security for the remaining term of the bond.
(4) Every such order referred to in subsection (3) is to be treated as made under section 41 or 50 and in such a case, sections 52 to 55 apply accordingly.
Division 3 — Unlawful assemblies
Who may order unlawful assembly to disperse
57.—(1) A police officer may command an unlawful assembly or an assembly of 5 or more people likely to cause a disturbance of the public peace to disperse, and the members of the assembly must then disperse.(2) Nothing in this Division derogates from the powers conferred on any person under the Public Order Act 2009.
—(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 Public Order Act 2009.
When unlawful assembly may be dispersed by use of civil force
58.—(1) If any such assembly does not disperse as commanded, or shows a determination not to disperse, any police officer may disperse the assembly by force and, if necessary, arrest and confine the participants, and may require any male civilian to help.(2) In this section, “civilian” means any person who is not a regular serviceman, full-time national serviceman or operationally ready national serviceman who has reported for service in the Singapore Armed Forces.
—(1) If any such assembly does not disperse as commanded, or shows a determination not to disperse, any police officer may disperse the assembly by force and, if necessary, arrest and confine the participants, and may require any male civilian to help.
(2) In this section, “civilian” means any person who is not a regular serviceman, full-time national serviceman or operationally ready national serviceman who has reported for service in the Singapore Armed Forces.
Use of military force
59. If any such assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, the Minister or the Commissioner of Police or a Deputy Commissioner of Police may cause it to be dispersed by military force.
Minister or Commissioner of Police or Deputy Commissioner of Police may require any officer in command of troops to disperse unlawful assembly
60.—(1) When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he or she may require any commissioned or non‑commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces to disperse the assembly by military force and to arrest and confine the persons forming part of it as the Minister or Commissioner of Police or the Deputy Commissioner of Police directs or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.[19/2018]
(2) Every such officer must obey such requisition in such manner as he or she thinks fit, but in so doing he or she must use as little force and do as little injury to person and property as is consistent with dispersing the assembly and arresting and confining those persons.
—(1) When the Minister or the Commissioner of Police or a Deputy Commissioner of Police determines to disperse any such assembly by military force, he or she may require any commissioned or non‑commissioned officer in command of any sailors, soldiers or airmen in the Singapore Armed Forces to disperse the assembly by military force and to arrest and confine the persons forming part of it as the Minister or Commissioner of Police or the Deputy Commissioner of Police directs or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.[19/2018]
(2) Every such officer must obey such requisition in such manner as he or she thinks fit, but in so doing he or she must use as little force and do as little injury to person and property as is consistent with dispersing the assembly and arresting and confining those persons.
When commissioned officer may disperse unlawful assembly by military force
61. When the public security is manifestly endangered by any such assembly and when neither the Minister nor the Commissioner of Police nor a Deputy Commissioner of Police can be communicated with, any commissioned officer in the Singapore Armed Forces may disperse such assembly by military force and may arrest and confine the persons forming part of it as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law, but if while he or she is acting under this section it becomes practicable for him or her to communicate with the Minister, the Commissioner of Police or a Deputy Commissioner of Police, he or she must do so and thereafter obey the instructions of the Minister, the Commissioner of Police or the Deputy Commissioner of Police as to whether he or she is to continue the action or not.[19/2018]
Protection against prosecution for acts done under this Division
62. No prosecution against the Minister or any police officer or officer, sailor, soldier or airman in the Singapore Armed Forces for any act purporting to be done under this Division may be instituted in any criminal court except with the sanction of the President, and —(a)
no police officer acting under this Division in good faith;
(b)
no commissioned officer acting under section 61 in good faith;
(c)
no person doing any act in good faith in compliance with a requisition under section 58 or 60; and
(d)
no inferior officer, sailor, soldier or airman or member of the Singapore Armed Forces doing any act in obedience to any order which under naval, military or air force law he or she was bound to obey,
is deemed thereby to have committed an offence.
[19/2018]
Division 4 — Preventive action of police
Prevention of offences and use of lethal force by police
63.—(1) Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his or her ability, use all lawful means to prevent the commission of the offence.(2) Without limiting subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that —(a)
the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and
(b)
such act by the police officer is necessary to apprehend the person.
(3) In this section, “lawful means” includes —(a)
removing a person from any place; and
(b)
taking away any thing, which a person has in the person’s possession, that the police officer reasonably suspects is intended to be used in the commission of the offence.[19/2018]
—(1) Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his or her ability, use all lawful means to prevent the commission of the offence.
(2) Without limiting subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that —(a)
the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and
(b)
such act by the police officer is necessary to apprehend the person.
(3) In this section, “lawful means” includes —(a)
removing a person from any place; and
(b)
taking away any thing, which a person has in the person’s possession, that the police officer reasonably suspects is intended to be used in the commission of the offence.[19/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
