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Taking possession of false or invalid documents
44. The Registrar‑General may take possession of any document that is produced in connection with any of the following if the Registrar‑General reasonably suspects that the document is false or invalid: ( a ) reporting of a birth to the Registrar‑General; ( b ) registration of a birth, death or stillbirth; ( c ) alteration of any particulars recorded, or the recording of any omitted particulars, in a register.
Powers of search, etc.
45. —(1) If an authorised registration officer reasonably suspects that any evidence of the commission of an offence under this Act is likely to be found in any premises, or in any vehicle, aircraft, vessel or train (called in this section the conveyance), or on any person, the officer may, without warrant and with such assistance as the officer thinks necessary — ( a ) enter and search the premises; ( b ) stop, board and search the conveyance (whether in a public or private place); or ( c ) stop and search the person (whether in a public or private place), as the case may be. (2) An authorised registration officer exercising any power under subsection (1) may, if the circumstances so warrant and with such assistance as the officer thinks necessary — ( a ) break open any door, window, lock, fastener, compartment, box, container or other thing; or ( b ) remove by force any obstruction to the exercise of that power. (3) An authorised registration officer carrying out a search under subsection (1) may take possession or make copies of any document found during the search that the officer reasonably believes to be connected to the commission of an offence under this Act. (4) A woman must not be searched except by a woman. (5) A person in charge of a conveyance who, without reasonable excuse, does not stop the conveyance when required to do so by an authorised registration officer under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. —(1) If an authorised registration officer reasonably suspects that any evidence of the commission of an offence under this Act is likely to be found in any premises, or in any vehicle, aircraft, vessel or train (called in this section the conveyance), or on any person, the officer may, without warrant and with such assistance as the officer thinks necessary — ( a ) enter and search the premises; ( b ) stop, board and search the conveyance (whether in a public or private place); or ( c ) stop and search the person (whether in a public or private place), as the case may be. (2) An authorised registration officer exercising any power under subsection (1) may, if the circumstances so warrant and with such assistance as the officer thinks necessary — ( a ) break open any door, window, lock, fastener, compartment, box, container or other thing; or ( b ) remove by force any obstruction to the exercise of that power. (3) An authorised registration officer carrying out a search under subsection (1) may take possession or make copies of any document found during the search that the officer reasonably believes to be connected to the commission of an offence under this Act. (4) A woman must not be searched except by a woman. (5) A person in charge of a conveyance who, without reasonable excuse, does not stop the conveyance when required to do so by an authorised registration officer under subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.
Powers of investigation
46. —(1) For the purpose of investigating any offence or suspected offence under this Act, an authorised registration officer may do all or any of the following: ( a ) require, by written notice, any person, whom the authorised registration officer reasonably believes has any information, in the person’s custody or control, that is relevant to the investigation, to provide that information, within the time and in the manner specified in the notice; ( b ) where the information provided by the person mentioned in paragraph ( a ) is in the form of a document — retain the document or make, or cause to be made, without payment, any copy of or extract from the document; ( c ) require, by written notice, the attendance before the authorised registration officer of any person in Singapore who appears to be acquainted with the facts or circumstances of the matter; ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the matter. (2) A person examined under subsection (1)( d ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the matter except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by a person examined under subsection (1)( d ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. (4) If any person fails to attend as required by a written notice under subsection (1)( c ), the authorised registration officer may report the failure to a Magistrate who may then issue a warrant ordering the person to comply with the notice. (5) A person who, without reasonable excuse, fails to comply with any written notice under subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. —(1) For the purpose of investigating any offence or suspected offence under this Act, an authorised registration officer may do all or any of the following: ( a ) require, by written notice, any person, whom the authorised registration officer reasonably believes has any information, in the person’s custody or control, that is relevant to the investigation, to provide that information, within the time and in the manner specified in the notice; ( b ) where the information provided by the person mentioned in paragraph ( a ) is in the form of a document — retain the document or make, or cause to be made, without payment, any copy of or extract from the document; ( c ) require, by written notice, the attendance before the authorised registration officer of any person in Singapore who appears to be acquainted with the facts or circumstances of the matter; ( d ) examine orally any person who appears to be acquainted with the facts or circumstances of the matter — (i) whether before or after that person or anyone else is charged with an offence in connection with the matter; and (ii) whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the matter. (2) A person examined under subsection (1)( d ) is bound to state truly the facts and circumstances with which the person is acquainted concerning the matter except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by a person examined under subsection (1)( d ) must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary), be signed by the person. (4) If any person fails to attend as required by a written notice under subsection (1)( c ), the authorised registration officer may report the failure to a Magistrate who may then issue a warrant ordering the person to comply with the notice. (5) A person who, without reasonable excuse, fails to comply with any written notice under subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.
Authorised registration officer to produce evidence of identity and authority
47. —(1) When exercising any power under this Part, an authorised registration officer must, if so required by any person affected by the exercise of that power, produce to that person evidence of the officer’s identity and authority to exercise that power. (2) Despite anything in or under this Act, it is not an offence for any person to refuse to comply with any request or notice made or given by an authorised registration officer if the officer does not comply with subsection (1). —(1) When exercising any power under this Part, an authorised registration officer must, if so required by any person affected by the exercise of that power, produce to that person evidence of the officer’s identity and authority to exercise that power. (2) Despite anything in or under this Act, it is not an offence for any person to refuse to comply with any request or notice made or given by an authorised registration officer if the officer does not comply with subsection (1).
False or misleading statement or information
48. A person who makes any statement, or provides any information, to the Registrar‑General or an authorised registration officer under this Act, that is false or misleading in a material particular — ( a ) knowing it to be false or misleading in a material particular; or ( b ) being reckless as to whether it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both.
Offences relating to register
49. —(1) A person who, without lawful authority — ( a ) makes, alters or deletes, or permits to be made, altered or deleted, any record (or any part of it) in a register; ( b ) obtains, or provides any person, access to a register (or any part of it); or ( c ) interferes with a register (or any part of it), or permits a register (or any part of it) to be interfered with, in any other way, shall be guilty of an offence. (2) A person who wilfully destroys or defaces, or permits to be destroyed or defaced, a register (or any part of it) shall be guilty of an offence. (3) A public officer or registration officer who publishes or communicates to any person any information contained in a register shall be guilty of an offence unless such publication or communication — ( a ) is authorised by or under this Act; ( b ) is in the public interest and authorised by the Registrar‑General; or ( c ) is for the purpose of investigations into an offence under this Act or any other written law, or proceedings in respect of the offence. (4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both. —(1) A person who, without lawful authority — ( a ) makes, alters or deletes, or permits to be made, altered or deleted, any record (or any part of it) in a register; ( b ) obtains, or provides any person, access to a register (or any part of it); or ( c ) interferes with a register (or any part of it), or permits a register (or any part of it) to be interfered with, in any other way, shall be guilty of an offence. (2) A person who wilfully destroys or defaces, or permits to be destroyed or defaced, a register (or any part of it) shall be guilty of an offence. (3) A public officer or registration officer who publishes or communicates to any person any information contained in a register shall be guilty of an offence unless such publication or communication — ( a ) is authorised by or under this Act; ( b ) is in the public interest and authorised by the Registrar‑General; or ( c ) is for the purpose of investigations into an offence under this Act or any other written law, or proceedings in respect of the offence. (4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both.
Offences relating to certificates or extracts
50. A person who — ( a ) forges a document, purporting to be a birth certificate, death certificate or stillbirth certificate, or an extract from any record in a register; ( b ) alters, or otherwise tampers with, a birth certificate, death certificate or stillbirth certificate, or an extract from any record in a register; or ( c ) knowingly obtains, possesses or uses a forged, altered or tampered certificate or extract mentioned in paragraph ( a ) or ( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 10 years or to both.
Obstruction
51. —(1) A person commits an offence if the person, without reasonable excuse, obstructs or hinders the Registrar‑General or an authorised registration officer in the performance of any function or exercise of any power under this Act or any other written law. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. —(1) A person commits an offence if the person, without reasonable excuse, obstructs or hinders the Registrar‑General or an authorised registration officer in the performance of any function or exercise of any power under this Act or any other written law. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.
Offences by corporations
52. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) does not affect the liability of a corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) does not affect the liability of a corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.
Offences by unincorporated associations or partnerships
53. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership (as the case may be) had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership (as the case may be) had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.
Jurisdiction of courts
54. Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.
Composition of offences
55. —(1) The Registrar‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. —(1) The Registrar‑General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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