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OFFENCES FOR WHICH JUDICIAL CANING IS AVAILABLE IN SINGAPORE
Note: Where a minimum number of strokes is stated, caning is mandatory for that offence.
Drugs offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
2
15
Trafficking of a minimum quantity of drugs
35 and 33 Misuse of Drugs Act
1973
5
15
Unauthorised import or export of drugs
S7 and 33 Misuse of Drugs Act
1973
3
12
Repeat consumption of specified drugs
S33A Misuse of Drugs Act
1998
5
15
Unauthorised manufacture of drugs
Misuse of Drugs Act
1973
Robbery and other property offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
Nil
24
Piratical acts
S130C Penal Code
1973
12
24
Piracy
S130B Penal Code
1993
12
24
Robbery
S392 Penal Code
1871; mandatory (6 strokes) 1973; increased to 12 strokes 1984 if committed after 7pm and before 7am
12
24
Voluntarily causing hurt in committing robbery
S394 Penal Code
1871; mandatory (6 strokes) 1973; increased to 12 strokes 1984
12
24
Gang robbery
S395 Penal Code
1871; mandatory (6 strokes) 1973; increased to 12 strokes 1984
12
24
Gang robbery with murder
S396 Penal Code
1871; mandatory (10 strokes) in 1973; increased to 12 strokes in 1984
12
24
Robbery when armed or with attempt to cause death or grievous hurt
S397 Penal code
1871; mandatory (10 strokes) in 1973; increased to 12 strokes in 1984
12
24
Making preparation to commit gang robbery
S399 Penal code
1871; mandatory (6 strokes) in 1973; increased to 12 strokes in 1984
6
24
Attempt to commit robbery
S393 Penal Code
1959; mandatory (4 strokes) in 1973; increased to 6 strokes in 1984
6
24
Belonging to gang of robbers
S400 Penal code
1871; mandatory in 1973
4
24
Belonging to wandering gang of thieves
S401 Penal Code
1973
4
24
Assembling for the purpose of committing gang robbery
S402 Penal Code
1973
3
24
Theft after preparation made for causing death or hurt in order to commit theft
S378 and 382 Penal Code
1973
1
24
Lurking house trespass or house breaking by night after preparation made for causing hurt
S443-46 and 458 Penal Code
1871, made mandatory in 1984
1
24
Subsequent offence of
(a) lurking house trespass or house breaking in order to commit and offence punishable by imprisonment, or
(b) lurking house trespass by night or housebreaking by night in order to commit an offence punishable by imprisonment
S458A Penal Code
1984
1
24
Grievous hurt caused while committing lurking house trespass or house breaking
S459 Penal Code
1871, made mandatory in 1984
Weapons and explosives offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
6
24
Unlawful possession of arms or ammunition
S3 Arms Offences Act
1973
6
24
Trafficking in arms
S6 Arms Offences Act
1973
6
24
Possession of corrosive or explosive substance for the purpose of causing hurt
S3 Corrosive and Explosive Substances and Offensive Weapons Act
1973
6
24
Using a corrosive or explosive substance or offensive weapon
S4 Corrosive and Explosive Substances and Offensive Weapons Act
1973
6
24
Consorting with persons carrying corrosive or explosive weapon
S5 Corrosive and Explosive Substances and Offensive Weapons Act
1973
6
24
Carrying offensive weapon in a public place
S6 Corrosive and Explosive Substances and Offensive Weapons Act
1973
6
24
Offences relating to scheduled weapons
S7 Corrosive and Explosive Substances and Offensive Weapons Act
1973
6
24
Consorting with persons carrying offensive weapons in public places
S3 Corrosive and Explosive Substances and Offensive Weapons Act
1973
3
24
Exhibiting imitation arms when committing scheduled offence
S8 Arms Offences Act
1973
Nil
24
Possession of arms, explosives or poisonous gas for the purpose of committing an offence under the Penal Code
S13 Arms and Explosives Act
1952
Nil
24
Causing explosion likely to endanger life and property
S3 Explosive Substances Act
1970
Nil
24
Attempt to cause explosion, or making or keeping explosives with intent to endanger life or property
S4 Explosive Substances Act
1970
Nil
24
Making or possessing explosives under suspicious circumstances
S5 Explosive Substances Act
1970
Nil
24
Abetment of above three offences
S6 Explosive Substances Act
Nil
24
Using offensive weapons, explosive, corrosive or inflammable substances
S22 Public Order (Preservation) Act
1958
Nil
24
Consorting with person using offensive weapons, explosive, corrosive or inflammable substances
S23 Public Order (Preservation) Act
1958
Nil
24
Carrying, etc., offensive weapons, explosive, corrosive or inflammable substances in a proclaimed area
S24 Public Order (Preservation) Act
1958
1
6
Sale, transport, delivery, distribution or import of fireworks
S4 Dangerous Fireworks Act
1988
1
6
Second or subsequent offence of discharge of fireworks
S6 Dangerous Fireworks Act
1988
Immigration offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
3
24
Entering or remaining in Singapore without a valid pass
S6, 11A Immigration Act
1989
3
24
Illegal overstayers for a period exceeding 90 days
S15 Immigration Act
1989
3
24
Engaged in business of conveying into Singapore and prohibited immigrant
S57(c) Immigration Act
1989
3
24
Knowingly employing more than 5 illegal immigrants
S57(e) Immigration Act
1989
Offences relating to financial affairs
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
1
24
Extortion
S383 and 384 Penal Code
1954, made mandatory in 1984
1
24
Extortion by putting a person in fear of harm
S385 Penal code
2007
1
24
Putting person in fear of death or grievous hurt in order to commit extortion
S386 Penal Code
1954
Nil
24
Extortion by threat of accusation of an offence punishable with death or imprisonment, etc.
S388 Penal code
1954
Nil
24
Putting a person in fear of accusation of an offence, in order to commit extortion
S389 Penal Code
1954
Nil
12
Unlicensed moneylending
S14 Moneylenders Act
2008
3
18
Harassing borrower
S28 Moneylenders Act
Sexual offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
Nil
24
Rape
S375+ Penal code
1871
12
24
Voluntarily causing hurt or putting person in fear of death or hurt in order to commit rape; or statutory rape of a woman under 14 years of age
S376 Penal Code
1871 (1984)
1
24
Voluntarily causing or attempting to cause death, hurt or wrongful restraint in order to outrage modesty
S354A(1) Penal Code
1871
Nil
24
Assault or use of criminal force to a person with intent to outrage modesty
S354 Penal Code
1860
1
24
Assault or use of criminal force to a person with intent to outrage modesty in a lift or against any person under 14 years of age
S354A(2) Penal code
1984
Nil
24
Sexual penetration of a corpse
S377 Penal code
2007
Nil
24
Sexual penetration with a living animal
S377B Penal code
2007
Nil
24
Second or subsequent offence relating to prostitution
S140(2) Women's Charter
1961
Nil
24
Second or subsequent offence of living on or trading in prostitution
S146(2) Women's Charter
1961
Nil
24
Sexual penetration without consent
S376 Penal Code
2007
12
24
Sexual penetration of a minor
S376A Penal Code
2007
Public order offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
Nil
24
Rioting
S146 + 147 Penal code
1973
Nil
24
Rioting armed with a deadly weapon
S148 Penal Code
1973
3
8
Vandalism (writing, drawing, painting marking or inscribing on any public or private property without permission and stealing destroying or damaging any public property)
S3 Vandalism Act
1966
Nil
24
Every member of an unlawful assembly shall be deemed guilty of rioting if committed in prosecution of a common object
S149 Penal Code
Nil
24
Joining an unlawful assembly armed with a deadly weapon
S144 Penal Code
Nil
24
Person who hires, or connives at hiring, others to join an unlawful assembly punishable as a member of such unlawful assembly
S150 Penal Code
Offences against the person
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
Nil
24
Culpable homicide not amounting to murder
S299 + 304 Penal Code
1860
Nil
24
Attempt to murder
S307 Penal Code
1973
Nil
24
Attempt to commit culpable homicide
S308 Penal Code
2007
Nil
24
Assault or criminal force in committing or attempting to commit theft of property carried by a person
S356 Penal Code
1871
Nil
24
Voluntarily causing hurt by dangerous weapons or means
S324 Penal Code
1973
Nil
24
Voluntarily causing hurt to extort confession or to compel restoration of property
S330, 331 Penal Code
1973, 2007
Nil
24
Voluntarily causing grievous hurt
S325 Penal Code
1973
Nil
24
Voluntarily causing grievous hurt by dangerous weapons or means
S326 Penal Code
1973
Nil
24
Voluntarily causing hurt to extort property or to constrain to an illegal act
S329 Penal Code
1871
Nil
24
Voluntarily causing grievous hurt to extort a confession or to compel restoration of property
S331 Penal Code
1973
Nil
24
Voluntarily causing hurt to deter a public servant from his duty
S332 Penal Code
1973
Nil
24
Voluntarily causing grievous hurt to deter a public servant from his duty
S333 Penal Code
1973
Nil
24
Causing hurt by means of poison, etc., with intent to commit an offence
S328 Penal Code
Kidnapping offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
Nil
24
Kidnapping
S359+363 Penal code
1958
Nil
24
Kidnapping or abducting in order to murder
S364 Penal Code
1958
Nil
24
Kidnapping or abducting with intent secretly and wrongfully to confine a person
S365 Penal code
1958
Nil
24
Kidnapping or abducting a woman to compel her to marriage etc.
S366 Penal code
1958
Nil
24
Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
S367 Penal code
1958
Nil
24
Wrongfully concealing or keeping in confinement a kidnapped person
S368 Penal code
1958
Nil
24
Kidnapping or abducting a child under 10 years with intent to steal movable property from the person of such child
S369 Penal code
1958
Nil
24
Abduction, wrongful restraint or wrongful confinement for ransom
S3 Kidnapping Act
1961
Nil
24
Knowingly receiving ransom
S4 Kidnapping Act
1961
Nil
24
Knowingly negotiating to obtain ransom
S5 (1) Kidnapping Act
1961
Nil
24
Hostage-taking
Hostage-taking Act
2010
Transport offences
Minimum strokes
Maximum strokes *
Offence
Legislation
Year enacted
Nil
24
Intentionally obstructing railway engine or carriages or endangering safety of passengers
S86 Railways Act
1905
Nil
24
Wilful act or omission endangering railway passengers
S87 Railways Act
1905
Nil
6
Third or subsequent offence of reckless driving, drunken driving or driving while under suspension if death or serious injury is caused
S67A Road Traffic Act
1993
* Note that the maximum number of strokes of caning, unless fixed in the particular Act imposing the punishment, is 24 strokes by virtue of S229(1) of the Criminal Procedure Code.
DISCIPLINARY OFFENCES IN PRISON
Min
Max
Prison offence
Act
Year Enacted
Nil
12 (or 24*)
Punishment by Superintendent of aggravated offences
The following are deemed to be aggravated prison offences:
(1) mutiny;
(2) escape or attempt to escape;
(3) taking part in any assault or attack on any officer;
(4) aggravated or repeated assault on any other prisoner;
(5) wilful destruction of prison property;
(6) wilfully causing to himself any illness, injury or disability;
(7) wilfully making a false or groundless accusation or complaint against any officer or prisoner;
(7A) any act constituting a minor prison offence under section 72, committed by one or more members or associates of a secret society in connection with the activities of any secret society;
(8) repetition of any minor prison offence(+) after having been twice punished for the same minor offence;
(9) failure by a prisoner subject to a home detention order under section 52 to report to such person and at such times and place as may be specified under the conditions of the order;
(10) where a prisoner subject to a home detention order under section 52 is required under the conditions of the order to allow the Superintendent or any person authorised by the Superintendent to enter his place of residence, or any other place or places designated under the order, the refusal by the prisoner to allow the entry, or obstructing or hindering the entry, of such person;
(11) any other act of gross misconduct or insubordination;
(12) abetting the commission of any aggravated prison offence.
+ Minor offences comprise:
(1) talking during working hours, or talking loudly, laughing or singing at any time after having been ordered by an officer of the prison to desist;
(2) quarrelling with any other prisoner;
(3) secreting any article whatever;
(4) showing disrespect to any officer or official visitor;
(5) common assault or taking part in any attack on any other prisoner;
(6) answering untruthfully any question put by an officer or an official visitor;
(7) holding any communication (in writing, by word of mouth, or otherwise) with any person in disobedience of the regulations of the prison;
(8) abetting the commission of any minor prison offence;
(9) omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to an officer when called on to do so;
(10) doing any act or using any language calculated to wound or offend the feelings and prejudices of any other prisoner;
(11) doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers;
(12) leaving without permission of an officer the group to which he is attached, or the part of the prison in which he is confined;
(13) leaving without permission of an officer the ward, the yard, the place in file, the seat or berth assigned to him;
(14) loitering about the yards or lingering in the wards when these are open;
(15) omitting or refusing to march in file when moving about the prison or proceeding to or returning from work;
(16) visiting the toilets without permission of an officer or remaining there longer than is necessary;
(17) refusing to eat the meals provided;
(18) eating or appropriating any food not assigned to him or taking from or adding to the portions assigned to other prisoners;
(19) removing without permission of an officer food from the cook-room or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink;
(20) wilfully destroying food or throwing it away without orders;
(21) introducing into food or drink anything likely to render it unpalatable or unwholesome;
(22) omitting or refusing to wear the clothing given to him, or exchanging any portion of it for the clothing of other prisoners, or losing, discarding, damaging or altering any part of it;
(23) removing, defacing or altering any distinctive number, mark or badge attached to, or worn on, the clothing or person;
(24) omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair;
(25) omitting or refusing to keep clothing, blankets, bedding, fetters, or utensils clean, or disobeying any order as to the arrangement or disposition of such articles;
(26) tampering in any way with prison locks, lamps or lights or other property with which he has no concern;
(27) stealing the prison clothing or any part of the prison kit of any other prisoner;
(28) committing a nuisance in any part of the prison;
(29) spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison;
(30) wilfully befouling the toilets, washing or bathing places;
(31) damaging the trees within the enclosure of the prison;
(32) omitting or refusing to take due care of all prison property entrusted to him;
(33) omitting or refusing to take due care of, or injuring, or misappropriating, the materials and implements entrusted to him for work;
(34) omitting to report at once any loss, breakage or damage which he may have caused to prison property or implements;
(35) manufacturing any article without the knowledge or permission of an officer;
(36) performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task;
(37) appropriating any portion of the task performed by another prisoner;
(38) mixing or adding any foreign substance to the materials issued for work;
(39) cursing or swearing, or using indecent, violent, threatening or insulting language;
(40) causing or omitting to assist in suppressing violence or insubordination of any kind;
(41) immoral, disorderly or indecent behaviour;
(42) omitting or refusing to help any prison officer in case of an attempted escape or of an attack upon such officer or upon another prisoner;
(43) disobeying any lawful order of an officer;
(44) idling or refusing to work or showing negligence in the performance of his allotted task;
(45) defacing or damaging the walls, furniture or other property of the prison;
(46) malingering;
(47) refusing to undergo medical treatment;
(48) any breach by a prisoner subject to a home detention order under section 52 of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73;
(49) any other act, conduct, disorder or neglect to the prejudice of good order or discipline though not specified in the preceding paragraphs.
S.71 Prisons Act: * Note that under s74 if the Superintendent feels that 12 strokes are inadequate, he may refer the matter to the Visiting Justice, who may impose up to 24 strokes
S72 Prisons Act1871
ARMED FORCES OFFENCES
*Note that a subordinate military court may impose a maximum of 12 strokes of the cane
Min
Max
Offence
Act
Year Enacted
Nil
12
Disobedience of or non-compliance with lawful orders, etc.
S17 + 118(5) Singapore Armed Forces Act
1975
Nil
12
Insubordinate behaviour
S19 + 118(5) Singapore Armed Forces Act
1975
Nil
12
Disobedience of general orders
S21 + 118(5) Singapore Armed Forces Act
1975
Nil
12
Absence without leave
S22 + 118(5) Singapore Armed Forces Act
1975
Nil
12
Desertion
S23 + 118(5) Singapore Armed Forces Act
1975
Nil
12
Escape and permitting escape and unlawful release from custody
S47 + 118(5) Singapore Armed Forces Act
1975
Nil
12
Aggravated disciplinary barrack offences
(namely)—(a) mutiny as defined in section 15;
(b) escape or attempt to escape;
(c) striking or otherwise using violence to, or offering violence to, any person superior in rank or on the staff of the disciplinary barrack;
(d) aggravated or repeated assault on any other person serving special detention in a disciplinary barrack;
(e) wilful destruction of Singapore Armed Forces property;
(f) wilfully causing self-illness, self-injury or disability;
(g) wilfully making a false or groundless complaint against any person superior in rank or on the staff of the disciplinary barrack;
(h) repetition of any minor disciplinary barrack offence after having been twice punished for such minor offence;
(i) any other act of gross misconduct or insubordination; or
(j) abetting the commission of any aggravated disciplinary barrack offence.
S119 Singapore Armed Forces Act
1975
DRUG REHABILITATION CENTRE OFFENCES
Min
Max
Offence
Act
Year Enacted
Nil
6
Any "major offence"
Misuse of Drugs (Approved Institutions) (Discipline) Regulations
1979
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