Nanyang Technological University

Useful Points on Relevant Criminal Law

This guide is intended for the general information of NTU students.  While reasonable effort has been made to ensure its correctness, NTU does not intend to take and should not be taken as accepting responsibility for the actions of persons referring to this guide.

What is an arrestable offence?
An arrestable offence is one where the police may ordinarily arrest the suspect without any warrant.   Arrestable offences are offences that the State deems generally to be more serious, vis-à-vis non-arrestable offences.   Examples are as follows:
(Not in alphabetical order)

  • Assault or use of criminal force to deter a public servant from discharge of his duty

S. 353, Penal Code

  • Cheating 

S. 417, Penal Code

  • Any offence under this Act

Computer Misuse Act

  • Criminal breach of trust

S. 406, Penal Code

  • Criminal intimidation

S. 506, Penal Code

  • Criminal trespass

S. 447, Penal Code

  • Dishonestly receiving or retaining stolen property, knowing it to be stolen 

S. 411(1), Penal Code

  • Extortion

S. 384, Penal Code

Definition of Mischief: Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property, or in the situation thereof, as destroys or diminishes its value or utility, or affects it injuriously, commits "Mischief".

(Source: Penal Code)

  • Mischief by fire or explosive substance

S. 435, Penal Code

  • Mischief by killing, poisoning, maiming or rendering useless, any animal

S. 428, Penal Code

  • Assault or use of criminal force to a person with intent to outrage modesty

S. 354, Penal Code

  • Rape

S. 375, Penal Code

  • Rioting: Whenever force or violence is used by an unlawful assembly (please see below) or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Source: Penal Code

S. 147, Penal Code

  • Robbery

S. 392, Penal Code

  • Theft

S. 379, Penal Code

  • Unlawful assembly: An assembly of 5 or more persons, the common object of which is to commit any offence, or any act or omission defined in Section 141 of the Penal Code.
S. 143, Penal Code
  • Voluntarily causing grievous hurt
S. 325, Penal Code
  • Voluntarily causing hurt by dangerous weapons or means
S. 324, Penal Code
  • Wrongful confinement, i.e. wrongfully restraining a person to prevent him from proceeding beyond certain circumscribing limits
S. 342, Penal Code
  • Wrongful restraint i.e. voluntarily obstructing a person so as to prevent that person from proceeding in any direction in which that person has a right to proceed

S. 341, Penal Code

 

  • Sexual assault by penetration, without consent (oral or anal sex included)
S. 376, Penal Code
  • Commercial sex with minor under 18 years of age
S. 376B, Penal Code
  • Doing obscene act or reciting obscene song in a public place
S. 294, Penal Code
  • All offences under Vandalism Act
Vandalism Act

What is a non-arrestable offence?
A non-arrestable offence is one where the police may not arrest the suspect without any warrant.   The police do not generally have powers of arrest and investigation in such offences.   Examples of such offences are voluntarily causing hurt or “simple hurt” (S. 323, Penal Code), dishonest misappropriation of property (S. 403, Penal Code) and “simple” mischief (S. 426, Penal Code).

However, the police may commence investigation on specific cases of non-arrestable offence upon the order of a Magistrate or Public Prosecutor.   Under certain circumstances, the police may also act for the Public Prosecutor in exercising special powers of investigation in specific non-arrestable cases.

What is a Magistrate’s Complaint?
It is a complaint to a Magistrate by a person seeking redress for an offence, such as a non-arrestable offence, committed against him or her.   The Magistrate may:

a. Dismiss the Complaint.
b. Direct the police to investigate into the Complaint.
c. Direct both the Complainant and the Respondent to appear before a Magistrate on another court date.

What are the age limitations governing carnal relations with women?

Examples

  • Sexual penetration of minor under 16 or under 14, with or without the consent of the minor (Note: Oral or anal sex included) - punishable under S. 376A of the Penal Code
  • Commercial sex with minor under 18 - punishable under S. 376B of the Penal Code

     

    What are examples of laws that carry implications of being part of a suspect group?

    Misuse of Drugs Act
    S.18 (4) Where one of 2 or more persons with the knowledge and consent of the rest has any controlled drug in his possession, it shall be deemed to be in the possession of each and all of them.

    Penal Code
    S. 34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.

    Corrosive and Explosive Substances and Offensive Weapons Act
    S. 8. —(1) Any person who consorts with, or is found in the company of, another person who is carrying or has in his possession or under his control any offensive weapon in contravention of section 6, in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such weapon shall, unless he shall prove that he had reasonable grounds for believing that that other person was carrying or had in his possession or under his control any such weapon for a lawful purpose, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he was consorting  or in whose company he was found.

    Arms Offences Act
    S. 7. Any person who consorts with, or is found in the company of, another person who is unlawfully carrying or is in unlawful possession of any arm in circumstances which raise a reasonable presumption that he knew that that other person was carrying or had in his possession or under his control any such arm shall, unless he proves that he had reasonable grounds for believing that that other person was not unlawfully carrying or was not in unlawful possession of such arm, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he was consorting or in whose company he was found.

    What is the age of majority in Singapore?
    A minor is a person below the age of 21, generally speaking.   Therefore, the age of majority is generally taken to be 21 in Singapore.

    One example of an exception is found in the Rules of Court under the Supreme Court of Judicature Act, which state under S. 4(3):

    "For the purposes of these Rules, a person who has attained the age of 18 years but who is below the age of 21 years, and who is not otherwise under any legal disability, shall not be considered to be a minor or a person under disability in relation to any legal proceeding or action which, by virtue of section 36 of the Civil Law Act (Cap 43), he may, in his own name and without a litigation representative, bring, defend, conduct or intervene in as if he were of full age".

    Is the Traffic Police empowered to take action on the roads within the campus?
    Under the First Schedule of the Road Traffic (Restriction of Speed on Roads) Notification, roads within the precincts of NTU (Jurong Campus) are subject to a limit of 40 km/hr.   The Traffic Police can take enforcement action for speeding, dangerous driving, etc as well as investigate any driving offences committed therein.

    What are the laws governing smoking on the campus?
    The Smoking (Prohibition in Certain Places) Notification stipulates that smoking shall not be permitted in certain places or vehicles.   To view the Notification, please log on to the website http://statutes.agc.gov.sg and search the Subsidiary Legislation (SL) of the Smoking (Prohibition in Certain Places) Act. 

For more information on general law awareness and the Statutes of Singapore, please log on to http://www.lawsociety.org.sg (The Law Society of Singapore) and http://statutes.agc.gov.sg (The Attorney-General’s Chambers, Singapore) respectively.

Updated by Student Affairs Office on 1 Mar 2013

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