s 39F Possession of SIM card registered using another person’s personal information for criminal activity
39F.—(1) A person shall be guilty of an offence if —(a) the person possesses —(i) a SIM card registered using another person’s personal information; or (ii) an unregistered SIM card; and (b) the person intends to use the SIM card, or to supply the SIM card to any other 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 a SIM card registered using another person’s personal information, it is a defence for the accused to prove that the accused did not know, and had no reason to believe, that the SIM card was registered using another person’s personal information. (3) 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 the intent to use or supply (as the case may be) a SIM card for the purpose of committing, or facilitating the commission by a person of, an offence under any written law, if it is proved that the SIM card in A’s possession is a compromised SIM card. (4) In addition to subsection (3), in proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i) where the charge is amalgamated or involves more than one SIM card, a person (A) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) a SIM card for the purpose of committing, or facilitating the commission by a person of, an offence under any written law, if A has in A’s possession more than a total of 10 SIM cards registered using another person’s personal information or unregistered SIM cards, or a combination of both. (5) For the purpose of proving whether a SIM card was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred. (6) Subject to subsection (7), a person who is guilty of an offence under subsection (1) shall be liable on conviction —(a) in the case of an individual —(i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and (ii) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or (b) in any other case —(i) to a fine not exceeding $20,000; and (ii) in the case of a second or subsequent conviction, to a fine not exceeding $40,000.[Act 21 of 2025 wef 30/12/2025] (7) 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 (6)(a), be liable to caning of not more than 12 strokes —(a) if the individual intended to use the SIM card, or to supply the SIM card to any other 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, or was supplied to another person, 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] (8) For the purposes of subsection (7)(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] (9) For the purposes of subsection (7)(b), 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]