This provision states who can be punished under the Penal Code, extends some offences to acts outside Singapore in specified cases, gives the Minister power to amend the Schedule, and says the Code does not affect certain other laws.
Penal Code 1871 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to consolidate the law relating to criminal offences. [16 September 1872] Chapter 1 PRELIMINARY Short title 1. This Act is the Penal Code 1871. Punishment of offences committed within Singapore 2. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore. Punishment of offences committed beyond, but which by law may be tried within Singapore 3. Any person liable by law to be tried for an offence committed beyond the limits of Singapore, shall be dealt with according to the provisions of this Code for any act committed beyond Singapore, in the same manner as if such act had been committed within Singapore. Jurisdiction over public servants for offences committed outside Singapore 4. Every public servant who, being a citizen or a permanent resident of Singapore, when acting or purporting to act in the course of his employment, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under the law in force in Singapore, is deemed to have committed that act or omission in Singapore. Offences against State and genocide committed outside Singapore by citizen or permanent resident 4A. Every person who, being a citizen or permanent resident of Singapore, commits an act or omission outside Singapore that if committed in Singapore would constitute an offence under Chapter 6 (Offences against the State) or 6B (Genocide), is deemed to have committed that act or omission in Singapore. [15/2019] Punishment of specified offences with elements occurring in Singapore but others occurring outside Singapore 4B.—(1) A specified offence is deemed to have been committed in Singapore where — (a) a relevant act of the specified offence occurs in Singapore and any other relevant act of that specified offence occurs outside Singapore; (b) a relevant act of the specified offence occurs partly in Singapore and partly outside Singapore, whether or not other relevant acts of that specified offence occur in Singapore; or (c) the specified offence involved an intention to make a gain or cause a loss or exposure to a risk of loss or to cause harm to any person in body, mind, reputation or property, and that gain, loss or harm occurs in Singapore. [15/2019] (2) In this section — “relevant act”, in relation to a specified offence, means an act or omission (whether occurring wholly or partly in or outside Singapore) which is a physical element of the specified offence; “specified offence” means an offence specified in the Schedule and includes an attempt to commit the offence, an abetment of the offence and a criminal conspiracy to commit the offence. [15/2019] (3) The Minister may, by order in the Gazette, amend the Schedule. [15/2019] Certain laws not to be affected by this Code 5. Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers or servicemen in the Singapore Armed Forces, or of any other law for the time being in force.