s 39B Unlawful provision of SIM card registered using person’s personal information
39B.—(1) A person shall be guilty of an offence if the person —(a) provides, or offers to provide, a SIM card registered using the person’s personal information to another person; and (b) does so knowing, or having reasonable grounds to believe, that the provision of the SIM card is for any person —(i) to commit, or to facilitate the commission by any person of, any offence under any written law; or (ii) to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person. (2) In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the purpose of the provision of the SIM card is for a person to commit, or to facilitate the commission by a person of, an offence under any written law, if —(a) A does the act for any gain; or (b) at the time A does the act, A fails to take reasonable steps to ascertain —(i) the identity and physical location of the person to whom the SIM card is provided; or (ii) the purpose for which the person obtains the SIM card from A. (3) For the purpose of proving a person’s state of mind under subsection (1)(b), it is not necessary for the prosecution to prove that the SIM card was used to commit, or to facilitate the commission of, a specific offence. (4) Subject to subsection (5), a person who is guilty of an offence under subsection (1) shall be liable on conviction —(a) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in any other case, to a fine not exceeding $20,000.[Act 21 of 2025 wef 30/12/2025] (5) Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (4)(a), be liable to caning of not more than 12 strokes —(a) if the individual knew that the provision or offer of the SIM card was for any person to commit, or to facilitate the commission by any person of, any scam offence; or (b) if —(i) it is proved, to the satisfaction of the court, that the SIM card was used to commit, or to facilitate the commission of, a scam offence; and (ii) the individual is not able to prove, to the satisfaction of the court, that he or she had, at any time, taken reasonable steps to ensure that the SIM card would not be used to commit, or to facilitate the commission of, a scam offence.[Act 21 of 2025 wef 30/12/2025] (6) For the purposes of subsection (5)(a), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.[Act 21 of 2025 wef 30/12/2025] (7) For the purposes of subsection (5)(b)(i), it is not necessary for the prosecution to prove that any person was convicted of the scam offence.[Act 16 of 2024 wef 01/01/2025] [Act 21 of 2025 wef 30/12/2025]