How to arrest
75.—(1) In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action.(2) If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest.
—(1) In making an arrest, the police officer or other person must touch or confine the body of the person to be arrested unless he or she submits to arrest by word or action.
(2) If the person forcibly resists or tries to evade arrest, the police officer or other person may use all reasonable means necessary to make the arrest.
No unnecessary restraint
76. The person arrested must not be restrained more than is necessary to prevent his or her escape.
Search of place entered by person sought to be arrested
77.—(1) If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow the police officer or person acting under an arrest warrant free entry and provide all reasonable facilities for a search in it.(2) If entry to that place cannot be gained under subsection (1), it is lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place.
(3) In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place.
(4) After stating his or her authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.
—(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 under an arrest warrant free entry and provide all reasonable facilities for a search in it.
(2) If entry to that place cannot be gained under subsection (1), it is lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place.
(3) In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place.
(4) After stating his or her authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.
Search of person arrested and his or her premises
78.—(1) Whenever —(a)
a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
(b)
a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him or her.
(1A) Whenever a person is arrested by a police officer or an arrested person is handed over to a police officer under section 66, the police officer may search the person arrested and place in safe custody any article that the person arrested may potentially use to cause harm to himself or herself or to any other person.[Act 5 of 2024 wef 31/05/2024]
(2) A police officer investigating an arrestable offence under Part 4 may —(a)
enter any place belonging to or under the control of any person who —(i)
is under arrest in connection with the offence;
(ii)
is reasonably believed to be connected with the offence; or
(iii)
is reasonably believed to have given shelter to the person under arrest; and
(b)
search the place for any evidence of the offence.
—(1) Whenever —(a)
a person is arrested by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
(b)
a person is arrested without warrant by a police officer or a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person hands over the person arrested, may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon him or her.
(1A) Whenever a person is arrested by a police officer or an arrested person is handed over to a police officer under section 66, the police officer may search the person arrested and place in safe custody any article that the person arrested may potentially use to cause harm to himself or herself or to any other person.[Act 5 of 2024 wef 31/05/2024]
(2) A police officer investigating an arrestable offence under Part 4 may —(a)
enter any place belonging to or under the control of any person who —(i)
is under arrest in connection with the offence;
(ii)
is reasonably believed to be connected with the offence; or
(iii)
is reasonably believed to have given shelter to the person under arrest; and
(b)
search the place for any evidence of the offence.
Power to seize offensive weapons
79. Any police officer or person making any arrest under this Code may take from the person arrested any offensive weapons which the arrested person has about his or her person, and must deliver all weapons so taken to a police station.
Search for name and address
80. A person lawfully in custody who, because of incapacity from intoxication, illness, mental disorder, physical disability or infancy, cannot give a reasonable account of himself or herself may be searched to find out his or her name and address.
Detention and search of persons in place searched
81.—(1) Where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is completed.(2) If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant.
—(1) Where a search for anything is lawfully made in any place in respect of any offence, every person found there may be lawfully detained until the search is completed.
(2) If the thing sought in a place can be concealed on a person, each person found in the place may be searched for it by or in the presence of a police officer of or above the rank of sergeant.
Mode of freeing persons
82. A police officer or other person authorised to make an arrest may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in it.
Mode of searching women
83.—(1) Except as provided in subsection (2), whenever it is necessary to cause a woman to be searched, the search must be made by a relevant officer who is a woman.[19/2018]
(2) A search of a woman may be made by a relevant officer who is a man, if (and only if) all of the following conditions are satisfied:(a)
the relevant officer reasonably suspects the woman of committing, attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, a terrorist act;
(b)
the relevant officer believes in good faith that the terrorist act is imminent;
(c)
the relevant officer believes in good faith that the search cannot be made within a reasonable time by a relevant officer who is a woman.[19/2018]
(3) Every search mentioned in subsection (1) or (2) must be made with strict regard to decency.[19/2018]
(4) In this section, “relevant officer” means a police officer or an officer of the Immigration & Checkpoints Authority.[19/2018]
—(1) Except as provided in subsection (2), whenever it is necessary to cause a woman to be searched, the search must be made by a relevant officer who is a woman.[19/2018]
(2) A search of a woman may be made by a relevant officer who is a man, if (and only if) all of the following conditions are satisfied:(a)
the relevant officer reasonably suspects the woman of committing, attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, a terrorist act;
(b)
the relevant officer believes in good faith that the terrorist act is imminent;
(c)
the relevant officer believes in good faith that the search cannot be made within a reasonable time by a relevant officer who is a woman.[19/2018]
(3) Every search mentioned in subsection (1) or (2) must be made with strict regard to decency.[19/2018]
(4) In this section, “relevant officer” means a police officer or an officer of the Immigration & Checkpoints Authority.[19/2018]
Power to pursue and arrest after escape or rescue
84.—(1) If a person (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 enforcement agency — any specified officer of any specified law enforcement agency; or
(c)
any police officer,
may immediately pursue and arrest A for the purpose of returning A to the place where A was in lawful custody.
[Act 5 of 2024 wef 01/08/2024]
(2) Sections 77 and 82 apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest.
(3) In this section —“prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(b) by the Minister charged with the responsibility for home affairs;
“specified law enforcement agency” means —(a)
the Central Narcotics Bureau;
(b)
the Immigration & Checkpoints Authority; or
(c)
the Singapore Prison Service;
“specified officer” means —(a)
in relation to the Central Narcotics Bureau — an officer of the Bureau as defined in section 2 of the Misuse of Drugs Act 1973;
(b)
in relation to the Immigration & Checkpoints Authority — an immigration officer as defined in section 2 of the Immigration Act 1959; and
(c)
in relation to the Singapore Prison Service — a prison officer as defined in section 2 of the Prisons Act 1933.[Act 5 of 2024 wef 01/08/2024]
—(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 enforcement agency — any specified officer of any specified law enforcement agency; or
(c)
any police officer,
may immediately pursue and arrest A for the purpose of returning A to the place where A was in lawful custody.
[Act 5 of 2024 wef 01/08/2024]
(2) Sections 77 and 82 apply to any arrest under subsection (1) even if the person making the arrest is not acting under an arrest warrant and is not a police officer having authority to arrest.
(3) In this section —“prescribed law enforcement agency” means a law enforcement agency prescribed for the purposes of subsection (1)(b) by the Minister charged with the responsibility for home affairs;
“specified law enforcement agency” means —(a)
the Central Narcotics Bureau;
(b)
the Immigration & Checkpoints Authority; or
(c)
the Singapore Prison Service;
“specified officer” means —(a)
in relation to the Central Narcotics Bureau — an officer of the Bureau as defined in section 2 of the Misuse of Drugs Act 1973;
(b)
in relation to the Immigration & Checkpoints Authority — an immigration officer as defined in section 2 of the Immigration Act 1959; and
(c)
in relation to the Singapore Prison Service — a prison officer as defined in section 2 of the Prisons Act 1933.[Act 5 of 2024 wef 01/08/2024]
Release of arrested person
85. A person arrested by a police officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of a police officer of or above the rank of sergeant.
Public assistance in arrests
86. Every person is bound to help a police officer or any other person authorised to make an arrest reasonably demanding the person’s aid —(a)
in arresting a person whom the police officer or other person is authorised to arrest;
(b)
in preventing a breach of the peace or in preventing any person from damaging any public property; or
(c)
in suppressing a riot or an affray.
Assisting person other than police officer to execute warrant
87. If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
