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LAWS OF BRUNEI
CHAPTER 22
PENAL CODE
16 of 1951
(Cap. 22 of 1951)
1984 Ed. Cap. 22
Amended by
19 of 1953
24 of 1953
S 99/59
S 104/80
2 of 1982
S 4/82
S 3/86
S 26/88
S 49/89
S 12/97
S 4/98
S 5/98
S 11/98
S 38/98
S 21/99
REVISED EDITION 2001
(1st October 2001)
Section
ARRANGEMENT OF CHAPTERS
Chapter I
Introduction
1. Citation.
2. Punishment of offences committed within Brunei Darussalam.
3. Punishment of offences committed beyond, but which by law, may betried within Brunei Darussalam.
4. (No section).
5. Certain laws not to be affected by this Code.
5A. Application.
Chapter II
General Explanations
6. Definations in the Code to be understood subject to exceptions.
7. Sense of expression once explained.
8. Gender.
9. Number.
10. “Man” “Woman”.
11. “Person”.
12. “Public”.
13. — 16. (No sections).
17. “Government”.
18. (No section).
19. “Judge”.
20. “Court of Justice”.
21. “Public servant”.
22. “Movable property”.
23. “Wrongful gain” and “wrongful loss”.
24. “Dishonestly”.
25. “Fraudulently”.
26. “Reason to believe”.
27. “Property in possession of wife, clerk orservant”.
28. “Counterfeit”.
29. “Document”.
30. “Valuable security”.
31. “A will”.
32. Words refering to acts include illegal omissions.
33. “Act” and “omission”.
34. Acts done by several persons in furtherance of commonintention.
35. When such an act is criminal by reason of its being done with acriminal knowledge or intention.
36. Effect caused partly by act omission.
37. Co-operation by doing one of several acts constituting anoffence.
38. Person concerned in criminal act may be guilty of differentoffences.
39. “Voluntarily”.
40. “Offence”.
41. “Special law”.
42. “Local law”.
43. “Illegal”.
44. “Injury”.
45. “Life”.
46. “Death”.
47. “Animal”.
48. “Vessel”.
49. “Year, month”.
50. “Section”.
51. “Oath”.
52. “Good faith”.
Chapter III
Punishments
53. Punishments.
54. (Repealed).
55. Commutation of sentence of imprisonment.
56. — 59. (No sections).
60. (Repealed).
61. — 62. (No sections) .
63. Amount of fine.
64. — 65. (No sections) .
66. (Repealed).
67. — 70. (No sections).
71. Limit of punishment of offence made up of several offences.
72. Punishment of person guilty of one of several offences, thejudgement stating that it is doubtful of which.
73. — 74. (No sections).
75. Punishment of persons convicted after a previous conviction, of anoffence punishable with 3 years’ imprisonment.
Chapter IV
General Exceptions
76. Act done by a person bound, or by mistake of fact believinghimself bound, by law.
77. Act of Judge when acting judically.
78. Act done pursuant to the judgment or order of Court.
79. Act done by a person justified, or by mistake of fact believinghimself justified by law.
80. Accident in doing a lawful act.
81. Act likely to cause harm, but done without criminal intent, and toprevent other harm.
82. Act of a child under 7 years of age.
83. Act of a child above 7 and under 12 of immature understanding.
84. Act of a person of unsound mind.
85. Intoxication when a defence.
86. Effect of defence of intoxication when established.
87. Act not intended, and not known to be likely, to cause death orgrievous hurt, done by consent.
88. Act not indended to cause death, done by consent in good faith forperson’s benefit.
89. Act done in good faith for benefit of child or insane person, byor by consent of guardian.
90. Consent known to be given under fear or misconception, and consentof child or person of unsound mind.
91. Exclusion of acts which are offences independently of harmcaused.
92. Act done in good faith for benefit of a person withoutconsent.
93. Communication made in good faith.
94. Act to which a person is compelled by threats.
95. Act causing slight harm.
96. Things done in private defence.
97. Right of private defence of the body and of property.
98. Right of private defence against the act of a person of unsoundmind etc.
99. Acts against which there is no right of private defence; andextent to which the right may be exercised.
100. When the right of private defence of the body extends to causingdeath.
101. When such right extends to causing any harm other than death.
102. Commencement and continuance of the right of private defence ofthe body.
103. When the right of private defence of property extends to causingdeath.
104. When such right extends to causing any harm other than death.
105. Commencement and continuance of the right of private defence ofproperty.
106. Right of private defence against deadly assault when there isrisk of harm to innocent person.
Chapter V
Abetment
107. Abetment of a thing.
108. Abettor.
108A. Abetment in Brunei Darussalam of offences outside it.
109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment.
110. Punishment of abetment if person abetted does act with differentintention from that of abettor.
111. Liability of abettor when one act abetted and different actdone.
112. Abettor when liable to cumulative punishment for act abetted andfor act done.
113. Liability of abettor for an effect caused by the act abetteddifferent from that intended by the abettors.
114. Abettor present when offence is committed.
115. Abetment of an offence punishable with death or imprisonment for15 years if the offence be not committed in consequence of theabetment. If act causing harm be done in consequence.
116. Abetment of offence punishable with imprisonment if offence benot committed. If abettor or person abetted be a public servant whose duty is toprevent offence.
117. Abetting commission of an offence by the public, or by more than 10 persons.
118. Concealing design to commit offence punishable with death or imprisonment.
119. Public servant concealing design to commit offence which it ishis duty to prevent.
120. Concealing design to commit offence punishable withimprisonment.
Chapter VA
Criminal Conspiracy
120A. Defination of criminal conspiracy.
120B. Punishment of criminal conspiracy.
Chapter VI
Offence Against The State
121. Waging or attempting to wage war, or abetting waging of war, against His Majesty.
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms etc. with the intention of waging war againstHis Majesty.
123. Concealing with intent to facilitate design to wage war.
124. (No section).
124A, 128, 129, 130. (Repealed).
125. — 127. (No sections).
Chapter VII
Offences relating to the Army, Navy, Air Force and
Police
131. Abetment of mutiny to induce soldier etc. from his duty.
132. Abetment of mutiny, if mutiny is committed in consequencethereof.
133. Abetment of assault by soldiers etc. on his superior officer whenin execution of his office.
134. Abetment of such assault if the assault is committed.
135. Abetment of desertion.
136. Harbouring deserter.
137. Deserter concealed on board merchant vessel through negligence ofmaster.
138. Abetment of act of insubordination by soldier etc.
139. (No section).
140. Wearing garb or carrying token used by soldier etc.
Chapter VIII
Offences Against the Public Tranquility
141. Unlawful assembly.
142. Being member of unlawful assembly.
143. Punishment.
144. Joining unlawful assembly armed with deadly weapon.
145. Joining or continuing in unlawful assembly, knowing it has beencommanded to disperse.
146. Rioting.
147. Punishment for rioting.
148. Rioting armed with deadly weapon.
149. Every member of unlawful assembly guilty of offence committed inprosecution of common object.
150. Hiring, or conniving at hiring, of persons to join unlawfulassembly.
151. Knowingly joining or continuing in 5 or more persons after it hasbeen commanded to disperse.
152. Assaulting or obstruction public servant when suppressing riotetc.
153. Wantony giving provocation with intent to cause riot.
153A. Promoting enmity between classes.
154. Owner of occupier of land on which an unlawful assembly isheld.
155. Liability of persons for whose benefit riot is commited.
156. Liability of agent of owner or occupier for whose benefit a riotis committed.
157. Harbouring persons hired for an unlawful assembly.
158. Being hired to take part in an unlawful assembly or riot, or togo armed.
159. Affray.
160. Punishment for committing affray.
Chapter IX
Offence by or relating to Public Servants
161. Public servant taking gratification other than legal remunerationin respect of an official act.
162. Taking gratification, in order, by corrupt or illegal means, toinfluence servant.
163. Taking gratification for exercise of personal influence withpublic servant.
164. Punishment for abetment by public servant of offences defined insection 162 or 163.
165. Public servant obtaining valuable thing, without consideration,from person concerned in proceeding or business transacted by such publicservant.
166. Public servant disobeying law, with intent to cause injury to anyperson.
167. Public servant framing an incorrect document with intent to causeinjury.
168. Public servant unlawfully engaging in trade.
169. Public servant unlawfully buying or bidding for property.
170. Personating a public servant.
171. Wearing garb or carrying token used by public servant withfraudulent intent.
Chapter X
Contempts of the Lawful Authority of Public Servants
172. Absconding to avoid service of summons or other proceeding.
173. Preventing service of summons or other proceeding or preventingpublication thereof.
174. Non-attendance in obedience to an order from public servant.
175. Omission to produce document to public servant by person legallybound to produce it.
176. Omission to give notice or information to public servant byperson legally bound to give it.
177. Furnishing false information.
178. Refusing oath when duly required to take oath by a publicservant.
179. Refusing to answer a public servant authorised to question.
180. Refusing to sign statement.
181. False statement on oath or affirmation public servant or person authorised to administer on an oath or affirmation.
182. False information, with intent to cause public servant to use hislawful power to the injury of another person.
183. Resistance to the taking of property by lawful authority ofpublic servant.
184. Obstructing sale of property offered for sale by authority ofpublic servant.
185. Illegal purchase or bid for property offered for sale byauthority of public servant.
186. Obstruction public servant in discharge of public functions.
187. Omission to assist public servant when bound by law to give assistance.
188. Disobedience to order duly promulgated by public servant.
189. Threat of injury to public servant.
190. Threat of injury to induce person to refrain from applying for protection to public servant.
Chapter XI
False Evidence and Offences Against Public Justice
191. Giving false evidence.
192. Fabricating false evidence.
193. Punishment for false evidence.
194. Giving or fabricating false evidence with intent to procureconviction of capital offence.
195. Giving or fabricating false evidence with intent to procureconviction of offence punishable with imprisonment.
196. Using evidence known to be false.
197. Issuing or signing false certificate.
198. Using as true a certificate known to be false.
199. False statement made in declaration which is by law receivable asevidence.
200. Using as true such declaration, knowing it to be false.
201. Causing disappearance of evidence of offence or giving false information to screen offender.
202. Intentional omission to give information of offence by personbound to inform.
203. Giving false information respecting an offence committed.
204. Destruction of document to prevent its production asevidence.
205. False personation for purpose of act or poceeding in suit or prosecution.
206. Fraudulent removal or concealment of property to prevent itsseizure as forefited or in execution.
207. Fraudulent claim to property to prevent its seizure as forefitedor in execution.
208. Fraudulently suffering decree for sum not due.
209. Dishonestly making false claim in Court.
210. Fraudulently obtaining decree for sum not due.
211. False charge of offence made with intent to injure.
212. Harbouring offender.
213. Taking gift etc. to screen an offender from punishment.
214. Offering gift or restoration of property in consideration ofscreening offender.
215. Taking gift to help to recover stolen property etc.
216. Harbouring offender who has escaped from custody, or whose apprehension has been ordered.
216A. Penalty for harbouring robbers or gang-robbers.
216B. Harbouring suspected bad characters.
216C. Defination of “harbour” in sections 212, 216, 216Aand 216B.
217. Public servant disobeying direction of law with intent to saveperson from punishment or property from forfeiture.
218. Public servant framing incorrect record or writing with intent tosave person from punishment or property from forfeiture.
219. Public servant in judicial proceeding corruptly making reportetc. contrary to law.
220. Commitment for trial or confinement by person having authoritywho knowns that he is acting contrary to law.
221. Intentional omission to apprehend on the part of public servantbound to apprehend.
222. Intentional omission to apprehend on the part of public servantbound to apprehend person under sentence or lawfully committed.
223. Escape from confinement or custody negligently suffered by publicservant.
224. Resistance etc. to lawful apprehension: escape from custody.
225. Resistance or obstruction to lawful apprehension of anotherperson.
225A. Omission to apprehend, or sufferance or escape, on part ofpublic servant in cases not otherwise provided for.
225B. Resistance or obstruction to lawful apprehension, or escape orrescue, in cases not provided for.
226. Unlawful return from deportation etc.
227. Violation of condition of remission of punishment.
228. Intentional insult or interruption to public servant sitting inany stage of a judicial proceeding.
228A. Contempt of Court.
229. Personation of a juror or assessor.
229A. Offences for which no special punishment is provided.
Chapter XII
Offences relating to Coin and Government Stamps
230. “Coin” defined.
231. (No section).
232. Counterfeiting coin.
234. Making or selling instrument for counterfeiting coin.
235. Possession of instrument or material for the purpose of using thesame for counterfeiting coin.
236. Abetting in Brunei Darussalam the counterfeiting of coin out of Brunei Darussalam.
237. (No section).
238. Import or export of counterfeit coin.
239. (No section).
240. Delivery of coin possessed with the knowledge that it iscounterfeit.
241. Delivery of coin as genuine, which, when first possessed,the deliverer did not know to be counterfeit.
242. (No section).
243. Possession of coin by person who knew it to be counterfeit whenhe became possessed thereof.
244. — 246. (No sections).
247. Fraudulently or dishonestly diminishing weight or altering composition of coin.
248. (No section) .
249. Altering appearance of coin with intent that it shall pass ascoin of different description.
250. (No section) .
251. Delivery of coin possessed with knowledge that it is altered.
252. (No section).
253. Possession of coin by person who knew it to be altered when hebecame possessed thereof.
254. Delivery of coin as genuine, which when first possessed delivererdid not know to be altered.
255. Counterfeiting Government stamp.
256. Having possession of instrument or material for counterfeiting Government stamp.
257. Making or selling instrument for counterfeiting Governmentstamp.
258. Sale of counterfeit Government stamp.
259. Having possession of counterfeit Government stamp.
260. Using as genuine a Government stamp known to be counterfeit.
261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss toGovernment.
262. Using Government stamp known to have been before used.
263. Erasure of mark denoting that stamp has been used.
263A. Prohibition of fictitious stamps.
263B. Selling articles bearing designs resembling currency.
Chapter XIII
Offences relating to Weights and Measures
264. Fraudulent use of false instrument for weighing.
265. Fraudulent use of false weights or measures.
266. Being in possession of false weight or measure.
267. Making or selling false weights or measures.
Chapter XIV
Offences affecting the Public Health, Safety, Convenience, Decency andMorals
268. Public nuisance.
269. Negligent act likely to spread infection of disease dangerous tolife.
270. Malignant act likely to spread infection of disease dangerous tolife.
271. Disobedience to quarantine rule.
272. Adulteration of food or drink for sale.
273. Sale of noxious food or drink.
274. Adulteration of drugs.
275. Sale of adulterated drugs.
276. Sale of drug as a different drug or preparation.
276A. Use of forceps, except by medical pracitioner, prohibited.
277. Fouling water of public spring or reservoir.
277A. Offences caused by fire.
278. Making atmosphere noxious to health.
279. Rash driving or riding on a public way.
280. Rash navigation of vessel.
281. Exhibition of false light, mark, or buoy.
282. Conveying person by water for hire in unsafe or overloadedvessel.
283. Danger or obstruction in public way or line of navigation.
284. Negligent conduct with respect to poisonous substance.
285. Negligent conduct with respect to fire or combustible matter.
286. Negligent conduct with respect to explosive substance.
287. Negligent conduct with respect to machinery.
288. Negligent conduct with respect to pulling down or repairingbuilding.
289. Negligent conduct with respect to animal.
290. Public nuisance.
291. Continuance of nuisance after injunction to discontinue.
292. Sale etc. of obsence articles.
293. Sale etc. of obsence articles to person under the age of 20years.
294. Obsence acts and songs.
294A. Loitering or soliciting for purpose of prostitution etc.
Chapter XV
Offences relating to Religion
295. Injuring or defiling place of worship with intent to insult thereligion of any class.
296. Disturbing religious assembly.
297. Trespassing on burial places etc.
297A. Interference with grave or human remains.
298. Uttering words etc. with deliberate intent to wound religiousfeelings.
Chapter XVI
Offences affecting the Human Body
Offences Affecting Life
299. Culpable homicide.
300. Murder. When culpable homicide is not murder.
301. Culpable homicide by causing death of person other than personwhose death was intended.
302. Punishment for murder.
303. Persons suffering from diminished responsibility.
304. Punishment for culpable homicide not amounting to murder.
304A. Causing death by rash or negligent driving of motor vehicle orrash or negligent use of firearms or explosives. Causing death by rash ornegligent act.
305. Abetment of suicide of child or insane person.
306. Abetment of suicide.
307. Attempt to murder. Other offences by convict.
308. Attempt to commit culpable homicide.
308A. Infanticide.
309. Attempt to commit suicide.
310. — 311. (No sections).
Causing of Miscarriage; Injuries to Unborn Children; Exposure ofInfants; and Concealment of Birth
312. Causing miscarriage.
313. Causing miscarriage without woman’s consent.
314. Death caused by act done with intent to cause miscarriage.
315. Act done with intent to prevent child being born alive or tocause it to die after birth.
316. Causing death of quick unborn child by the act amounting tocupable homicide.
317. Exposure and abandonment of child under 12 years by parent orperson having care of it.
318. Concealment of birth by secret disposal of dead body.
Hurt
319. Hurt.
320. Grievous hurt.
321. Voluntarily causing hurt.
322. Voluntarily causing grievous hurt.
323. Punishment for voluntarily causing hurt.
324. Voluntarily causing hurt by dangerous weapons or means.
325. Punishment for voluntarily causing grievous hurt.
326. Voluntarily causing grievous hurt by dangerous weapons ormeans.
327. Voluntarily causing hurt to extort property, or to constrain toan illegal act.
328. Causing hurt by means of poison etc. with intent to commit an offence.
329. Voluntarily causing grievous hurt to extort property or toconstrain to an illegal act.
330. Voluntarily causing hurt to extort confession, or to compelrestoration of property.
331. Voluntarily causing grievous hurt to extort confession, or tocompel restoration of property.
332. Voluntarily causing hurt to deter public servant from hisduty.
333. Voluntarily causing grievous hurt to deter public servant fromhis duty.
334. Voluntarily causing hurt on provocation.
335. Voluntarily causing grievous hurt on provocation.
336. Act endangering life or personal safety of others.
337. Causing hurt by act endangering life or personal safety ofothers.
338. Causing grievous hurt by act endangering life or personal safetyof others.
Wrongful Restraint and Wrongful Confinement
339. Wrongful restraint.
340. Wrongful confinement.
341. Punishment for wrongful restraint.
342 . Punishment for wrongful confinement.
343. Wrongful confinement for 3 or more days.
344. Wrongful confinement for 10 or more days.
345. Wrongful confinement of person for whose liberation writ has beenissued.
346. Wrongful confinement in secret.
347. Wrongful confinement to extort property or constraint to illegalact.
348. Wrongful confinement to extort confession, or compel restorationof property.
Criminal Force and Assault
349. Force.
350. Criminal force.
351. Assault.
352. Punishment for assault or criminal force otherwise than in graveprovocation.
353. Assault or criminal force to deter public servant from dischargeof his duty.
354. Assault or criminal force to person with intent to outragemodesty.
355. Assault criminal force with intent to dishonour person, otherwisethan on grave provocation.
356. Assault or criminal force in attempt to commit theft of property carried by a person.
357. Assault or criminal force in attempt wrongfully to confine aperson.
358. Assault or criminal force on grave provocation.
Kidnapping, Abducation, Slavery and Forced Labour
359. Kidnapping.
360. Kidnapping from Brunei Darussalam.
361. Kidnapping from lawful guardianship.
362. Abduction.
363. Punishment for kidnapping.
364. Kidnapping or abducting in order to murder.
365. Kidnapping or abducting with intent secretly and wrongfully to confine person.
366. Kidnapping or abducting woman to compel her marriage etc.
366A. Procuration of minor girl.
366B. Importation of girl from foreign country.
367. Kidnapping or abducating in order to subject person to grievoushurt, slavery etc.
368. Wrongfully concealing or keeping in confinement kidnapped or abducted person.
369. Kidnapping or abducting child under 10 years with intent to stealfrom its person.
370. Buying or disposing of any person as a slave.
371. Habitual dealing in slaves.
372. Selling minor for purposes of prostitution etc.
373. Buying minor for purposes of prositution.
373A. Importing for purposes of prostitution etc.
374. Unlawful compulsory labour.
Rape, Unnatural Offences, Incest
375. Rape.
376. Punishment for rape.
377. Unnatural offences.
377A. Incest.
Chapter XVII
Offences Against Property
Theft
378. Theft.
379. Punishment for theft.
380. Theft in dwelling house etc.
381. Theft by clerk or servant of property in possession ofmaster.
382. Theft after preparation made for causing death, hurt orrestraint, in order to the committing of the theft.
Extortion
383. Extortion.
384. Punishment for extortion.
385. Putting person in fear of injury in order to commitextortion.
386. Extortion by putting a person in fear of death or grievoushurt.
387. Putting person in fear of death or of grievous hurt, in order tocommit extortion.
388. Extortion by threat of accusation of an offence punishable withdeath or imprisonment etc.
389. Putting person in fear of accusation of offence, in order tocommit extortion.
Robbery and Gang-Robbery
390. Robbery.
391. Gang-robbery.
392. Punishment for robbery.
393. Attempt to commit robbery.
394. Voluntarily causing hurt in committing robbery.
395. Punishment for gang-robbery.
396. Gang-robbery, with murder.
397. Robbery or gang-robbery with attempt to cause death or grievoushurt.
398. Robbery or gang-robbery when armed with deadly weapon.
399. Making preparation to commit gang-robbery.
400. Punishment for belonging to a gang of robbers.
401. Punishment for belonging to gang of thieves.
402. Assembling for purpose of committing gang-robbery.
Criminal Misappropriation of Property
403. Dishonest misappropriation of property.
404. Dishonest misappropration of property possessed by deceasedperson at the time of his death.
Criminal Breach of Trust
405. Criminal breach of trust.
406. Punishment for criminal breach of trust.
407. Criminal breach of trust by carrier etc.
408. Criminal breach of trust by clerk or servant.
409. Criminal breach of trust by public servant or by banker, merchantor agent.
Receiving of stolen Property
410. Stolen property.
411. Dishonestly receiving stolen property.
412. Dishonestly receiving property stolen in the commission of agang- robbery.
413. Habitually dealing in stolen property.
414. Assisting concealment of stolen property.
Cheating
415. Cheating.
416. Cheating by personation.
417. Punishment for cheating.
418. Cheating with knowledge that wrongful loss may ensue to personwhose interest offender is bound to protect.
419. Punishment for cheating by personation.
420. Cheating and dishonestly inducing delivery of property.
Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of propertyto prevent distribution among creditors.
422. Dishonest or fraudulently preventing debt being available for creditors.
423. Dishonest or fraudulent execution of deed of transfer containingfalse statement of consideration.
424. Dishonest or fraudulent removal or concealment of property.
Mischief
425. Mischief.
426. Punishment for mischief.
427. Mischief causing damage to the amount of $25.
428. Mischief by killing or maiming animal of the value of $5.
429. Mischief by killing or maiming cattle etc. of any value or anyanimal to value of $25.
430. Mischief by injury to works of irrigation or by wrongfullydiverting water.
431. Mischief by injury to public road, bridge, river, channel.
432. Mischief by causing inundation or obstruction to public drainageattended with damage.
433. Mischief by destroying, moving, or rendering less useful alighthouse or seamark.
434. Mischief by destroying or moving etc. a land-mark fixed by publicauthority.
435. Mischief by fire or explosive substance with intent to causedamage.
436. Mischief by fire or explosive substance with intent to destroyhouse etc.
437. Mischief with intent to destroy or make unsafe a decked vessel orone of 20 tons burden.
438. Punishment for the mischief described in section 437 committed byfire or explosive substances.
439. Punishment for intentionally running vessel aground or ashorewith intent to commit theft etc.
440. Mischief by committed after preparation made for causing death orhurt.
Criminal Trespass
441. Criminal trespass.
442. House-trespass.
443. Lurking house-trespass.
444. Lurking house-trespass by night.
445. House-breaking.
446. House-breaking by night.
447. Punishment for criminal trespass.
448. Punishment for house-trespass.
449. House-trespass in order to commit offence punishable withdeath.
450. House-trespass in order to commit offence punishable with imprisonment for 15 years.
451. House-trespass in order to commit offence punishable with imprisonment.
452. House-trespass after preparation for hurt, assault, or wrongful restraint.
453. Punishment for lurking house-trespass or house-breaking.
454. Lurking house-trespass or house-breaking in order to commitoffence punishable with imprisonment.
455. Lurking house-trespass or house-breaking after preparation forhurt, assault or wrongful restraint.
456. Punishment for lurking house-trespass or house-breaking bynight.
457. Lurking house-trespass or house-breaking by night in order tocommit offence punishable with imprisonment.
458. Lurking house-trespass or house-breaking by night afterpreparation for hurt, assault or wrongful restraint.
459. Grievous hurt caused whilst committing lurking house-trespass orhouse-breaking.
460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one ofthem.
461. Dishonestly breaking open receptacle containing property.
462. Punishable for same offence when committed by person entrustedwith custody.
Chapter XVIII
Offences relating to Documents and to Trade or Property Marks
463. Forgery.
464. Making a false document.
465. Punishment for forgery.
466. Forgery of record of Court or of public register etc.
467. Forgery of valuable security or will etc.
468. Forgery for purpose of cheating.
469. Forgery for purpose of harming reputation.
470. Forged document.
471. Using as genuine a forged document.
472. Making or possessing counterfeit seal etc. with intent forgery punishable under section 467.
473. Making or possessing counterfeit seal etc. with intent tocommit forgery punishable otherwise.
474. Having possession of valuable security or will etc. knowing it tobe forged and intending to use it as genuine.
475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit markedmaterial.
476. Counterfeiting a device or mark used for authenticating documentsother than those described in section 467, or possessing counterfeit markedmaterial.
477. Fraudulent cancellation, destruction etc. of will, authority toadopt, or valuable security.
477A. Falsification of accounts.
478. — 489. (Repealed).
Currency Notes and Bank Notes
489A. Counterfeiting currency notes or bank notes.
489B. Using as genuine forged or counterfeit currency notes or banknotes.
489C. Possession of forged or counterfeit currency notes or banknotes.
489D. Making or possessing instruments or materials for forgingor counterfeiting currency notes or bank notes.
Chapter XIX
Criminal Breach of Contracts of Service
490. — 491. (Repealed).
492. (No section).
Chapter XX
Offence relating to Marriage
493. Cohabitation caused by a man deceitfully inducing a belief orlawful marriage.
494. Marrying again during life-time of husband or wife.
495. Same offence with concealment of former marriage from person withwhom subsequent marriage is contracted.
496. Marriage ceremony fraudulently gone through without lawful marriage.
497. (No section).
498. Enticing or taking away or detaining with criminal intent amarried woman.
Chapter XXI
Defamation
499. Defamation.
500. Punishment for defamation.
501. Printing or engraving matter known to be defamatory.
502. Sale of printed or engraved substance containing defamatorymatter.
Chapter XXII
Criminal Intimidation Insult and Annoyance
503. Criminal intimidation.
504. Intentional insult with intent to provoke breach of thepeace.
505. Statements conducting to public mischief.
506. Punishment for criminal intimidation.
507. Criminal intimidation by an anonymous communication.
508. Act caused by inducing person to belive that he will be renderedan object of divine displeasure.
509. Word, gesture, or act intended to isult the modesty of awoman.
510. Misconduct in public by a drunken person.
Chapter XXIII
Attempts to Commit Offences
511. Punishment for attempting to commit offences.
________________________
PENAL CODE
An Act to establish a code of criminal law
Commencement: 1st May 1952
Chapter 1
Introduction
Citation.
1. This Act may be cited as the Penal Code.
Punishment of offences committed within Brunei Darussalam.
2. Every person shall be liable to punishment under this Code, and nototherwise, for every act or omission contrary to the provisions thereof of whichhe shall be guilty within Brunei Darussalam.
Punishment of offences committed beyond, but which by law, may be triedwithin Brunei Darussalam.
3. Any person liable to be tried for an offence committed beyond thelimits of Brunei Darussalam shall be dealt with according to the provisions ofthis Code for any act committed beyond Brunei Darussalam in the same manner asif such act had been committed within Brunei Darussalam.
4. (No section).
Certain laws not to be affected by this Code.
5. Nothing in this Code is intended to repeal, vary, suspend or affectany of the provisions of any special or local law or any of the provisions ofany Act for punishing offences by officers, soldiers or constables in themilitary or police forces of Brunei Darussalam.
Application.
5A. The provisions of Chapters I, II, III, IV, V and VA of the PenalCode shall save where the contrary intention appears apply to any written lawnow or hereafter in force and to any instrument made thereunder.
Chapter II
General Explanations
Definitions in the Code to be understood subject to exceptions.
6. Throughout this Code, every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.
Illustrations
(a) The sections in this Code which contain definitions of offences donot express that a child under 7 years of age cannot commit such offences; butthe definitions are to be understood subject to the general exception whichprovides that nothing shall be an offence which is done by a child under 7 yearsof age.
(b) A , a police officer without warrant apprehends Z , who has committed murder: Here, A is not guilty of the offence ofwrongful confinement, for he was bound by law to apprehend Z , and therefore the case falls within the general exception which providesthat “nothing is an offence which is done by a person who is bound by lawto do it’’.
Sense of expression once explained.
7. Every expression which is explained in any part of this Code isused in every part of this Code in conformity with the explanation.
Gender.
8. The pronoun “he” and its derivatives are used of anyperson, whether male or female.
Number.
9. Unless the contrary appears from the context, words importing thesingular number include the plural number, and words importing the plural numberinclude the singular number.
“Man” “Woman”.
10. The word “man” denotes a male human being of any age;the word
“woman” denotes a female human being of any age.
“Person”.
11. The word “person” includes any company or association,or body of persons, whether incorporated or not.
“Public”.
12. The word “public” includes any class of the public orany community.
13. — 16. (No sections).
“Government”.
17. The word “Government” denotes the person or personsauthorised by law to administer executive Government in any part of BruneiDarussalam.
18. (No section).
“Judge”.
19. The word “Judge” denotes not only every person who isofficially designated as a Judge, but also every person —
(a) who is employed by law to give, in any legal proceeding, civil orcriminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some otherauthority, would be definitive; or
(b) who is one of a body of persons, which body of persons isempowered by law to give such a judgment.
Illustrations
(a) A Magistrate exercising jurisdiction in respect of a charge onwhich he has power to sentence to fine or imprisonment, with or without appeal,is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge onwhich he has power only to commit for trial to another Court is not a Judge.
“Court of Justice”.
20. The words “Court of Justice” denote a Judge who isempowered by law to act judicially alone, or a body of Judges which is empoweredby law to act judicially as a body, when such Judge or body of Judges is actingjudicially.
“Public servant”.
21. The words “public servant” denote a person fallingunder any of the description hereinafter following, namely —
(a) every person holding office by virtue of any Commission or Warrantgranted by His Majesty the Sultan and Yang Di-Pertuan or by his authority;
(b) every commissioned officer in the military or police forces ofBrunei Darussalam;
(c) every Judge;
(d) every officer of a Court of Justice whose duty it is, as suchofficer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of anyproperty, or to execute any judicial process, or to administer any oath, or tointerpret, or to preserve order in the Court, and every person speciallyauthorised by a Court of Justice to perform any of such duties;
(e) every juryman or assessor assisting a Court of Justice or publicservant;
(f) every arbitrator or other person to whom any cause or matter hasbeen referred for decision or report by any Court of Justice, or by any othercompetent public authority;
(g) every person who holds any office by virtue of which he isempowered to place or keep any person in confinement;
(h) every officer of Government whose duty it is, as suchofficer, to prevent offences, to give information of offences, to bringoffenders to justice, or to protect the public health, safety orconvenience;
(i) every officer whose duty it is as such officer, to take,receive, keep, or expend any property on behalf of Government, or to make anysurvey, assessment, or contract on behalf of Government, or to execute anyrevenue process, or to investigate or to report on any matter affecting thepecuniary interests of Government, or to make, authenticate, or keep anydocument relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests ofGovernment, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;
(j) every officer whose duty it is, as such officer, to take, receive, keep, or expend any property, to make any survey orassessment, or to levy any rate or tax for any secular common purpose of anyvillage, town, or district, or to make, authenticate, or keep any document forthe ascertaining of the rights of the people of any village, town ordistrict.
A Municipal Chairman is a public servant.
Explanation 1 — Persons falling under any of the abovedescriptions are public servants, whether appointed by the Government ornot.
Explanation 2 — Wherever the words “public servant”occur, they shall be understood of every person who is in actual possession ofthe situation of a public servant, whatever legal defect there may be in hisright to hold that situation.
“Movable property”.
22. The words “movable property” are intended to include corporeal property of every description, except land and thingsattached to the earth or permanently fastened to anything which is attached tothe earth.
“Wrongful gain” and “wrongful loss”.
23. (1) “Wrongful gain” is gain by unlawful means ofproperty to which the person gaining is not legally entitled: and“wrongful loss” is the loss by unlawful means of property to whichthe person losing it is legally entitled.
(2) A person is said to gain wrongfully when such person retains wrongfullyas well as when such person acquires wrongfully.
(3) A person is said to lose wrongfully when such person iswrongfully kept out of any property, as well as when such person iswrongfully deprived of property.
“Dishonestly”.
24. Whoever does anything with the intention of causing wrongful gainto one person or wrongful loss to another person, is said to do that thing
“dishonestly”.
“Fraudulently”.
25. A person is said to do a thing “fraudulently” if hedoes that thing with intent to defraud, but not otherwise.
“Reason to believe”.
26. A person is said to have “reason to believe” a thingif he has sufficient cause to believe that thing but not otherwise.
“Property in possession of wife, clerk or servant”.
27. When property is in the possession of a person’s wife, clerkor servant on account of that person, it is in that person’s possessionwithin the meaning of this Code.
Explanation — A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servantwithin the meaning of this section.
“Counterfeit”.
28. A person is said to “counterfeit”, who causes onething to resemble another thing, intending by means of that resemblance topractice deception, or knowing it to be likely that deception will thereby bepractised.
Explanation 1 — It is not essential to counterfeiting that theimitation should be exact.
Explanation 2 — When a person causes one thing to resembleanother thing, and the resemblance is such that a person might be deceivedthereby, it shall be presumed, until the contrary is proved, that the person socausing the one thing to resemble the other thing intended, by means of that resemblance, to practice deception, or knew it to be likely thatdeception would thereby be practised.
“Document”.
29. The word “document” denotes any matter expressed ordescribed upon any substance by means of letters, figures, or marks, or by morethan one of those means, intended to be used, or which may be used, as evidenceof that matter.
Explanation 1 — It is immaterial by what means, or upon whatsubstance, the letters, figures, or marks, are formed, or whether the evidenceis intended for, or may be used in, a Court of Justice or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidenceof the contract, is a document.
A cheque upon a banker is a document.
A power of attorney is a document.
A map or plan which is intended to be used, or which may be used, asevidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2 — Whatever is expressed by means of letters,figures, or marks, as explained by mercantile or other usage, shall be deemed tobe expressed by such letters, figures, or marks within the meaning of thissection, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to hisorder. The meaning of the indorsement as explained by mercantile usage, is thatthe bill is to be paid to the holder. The indorsement is a document, and must beconstrued in the same manner as if the words “pay to the holder”, orwords to that effect, had been written over the signature.
“Valuable security”.
30. The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created,extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not acertain legal right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this indorsement is to transfer the right to the bill to anyperson who may become the lawful holder of it, the indorsement is a“valuable security”.
“A will”.
31. The words “a will” denote any testamentarydocument.
Words referring to acts include illegal omissions.
32. In every part of this Code, except where a contrary intentionappears from the context, words which refer to acts done extend also to illegalomissions.
“Act” and “omission”.
33. (1) The word “act” denotes as well a series of actsas a single act.
(2) The word “omission” denotes as well a series of omissionsas a single omission.
Acts done by several persons in furtherance of common intention.
34. When a criminal act is done by several persons, in furtherance ofthe common intention of all, each of such persons is liable for that act in thesame manner as if it were done by him alone.
When such an act is criminal by reason of its being done with a criminalknowledge or intention.
35. Whenever an act, which is criminal only by reason of its beingdone with a criminal knowledge or intention, is done by several persons, each ofsuch persons who joins in the act with such knowledge or intention is liable forthe act in the same manner as if the act were done by him alone with thatknowledge or intention.
Effect caused partly by act and partly by omission.
36. Wherever the causing of a certain effect, or an attempt to causethat effect, by an act or by an omission, is an offence, it is to be understoodthat the causing of that effect partly by an act and partly by an omission isthe same offence.
Illustration
A intentionally causes Z’s death, partly by illegallyomitting to give Z food, and partly by beating Z ; A hascommitted murder.
Co-operation by doing one of several acts constituting an offence.
37. When an offence is committed by means of several acts, whoeverintentionally co-operates in the commission of that offence by doing any one ofthose acts, either singly, or jointly with any other person, commits thatoffence.
Illustrations
(a) A and B agree to murder Z by severally, and atdifferent times, giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z.Z dies from the effects of the several doses of poison so administered tohim: Here, A and B intentionally co-operate in the commission ofmurder, and as each of them does an act by which the death is caused, they areboth guilty of the offence, though their acts separate.
(b) A and B are joint jailors, and as such, have the chargeof Z , a prisoner, alternately for 6 hours at a time. A and B , intending to cause Z’s death, knowingly co- operate incausing that effect that effect by illegally omitting, each during the time ofhis attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murderof Z.
(c) A , a jailor, has the charge of Z , a prisoner. A , intending to cause Z’s death, illegally omits to supply Z with food, in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office and B succeeds him. B without collusion or co-operation with A , illegally omits to supply Z with food knowing that he is likely thereby to cause Z’s death. Z dies of hunger: B is guilty of murder; but, as A did not co-operate with B , A is guilty only of an attempt to commit murder.
Person concerned in criminal act may be guilty of differentoffences.
38. Where several persons are engaged or concerned in the commissionof a criminal act, they may be guilty of different offences by means of thatact.
Illustration
A attacks Z under such circumstances of grave provocation thathis killing of Z would only be culpable homicide not amounting tomurder. B , having ill-will towards Z , and intending to kill himand not having been subject to the provocation assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guiltyonly of culpable homicide.
“Voluntarily”.
39. A person is said to cause an effect “voluntarily” whenhe causes it by means whereby he intended to cause it or by means which, at thetime of employing those means, he knew or had reason to believe to be likely tocause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for thepurpose of facilitating a robbery, and thus causes the death of a person. Here, A may not have intended to cause death, and may even be sorry that deathhas been caused by his act: yet, if he knew that he was likely to cause death,he has caused death voluntarily.
“Offence”.
40. (1) Except in the Chapter and sections mentioned in subsections(2) and (3) of this section, the word “offence” denotes a thing madepunishable by this Code.
(2) In Chapter IV and in the following sections, namely, sections 66, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221,222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing punishable under this Code, or under any other laws for the time being in force.
(3) In sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of 6 months or upwards, whether with or without fine.
“Special law”.
41. A “special law” is a law applicable to a particularsubject.
“Local law”.
42. A “local law” is a law applicable only to a particularpart of Brunei Darussalam.
“Illegal”.
43. The word “illegal” is applicable to everything whichis an offence, or which is prohibited by law, or which furnishes ground for acivil action: and a person is said to be “legally bound to do”whatever it is illegal in him to omit.
“Injury”.
44. The word “injury” denotes any harm whatever illegallycaused to any person, in body, mind, reputation, or property.
“Life”.
45. The word “life” denotes the life of a human being,unless the contrary appears from the context.
“Death”.
46. The word “death” denotes the death of a human being,unless the contrary appears from the context.
“Animal”.
47. The word “animal” denotes any living creature otherthan a human being.
“Vessel”.
48. The word “vessel” denotes anything made for theconveyance by water of human beings, or of property.
“Year, month”.
49. Wherever the word “year” or the word“month” is used, it is to be understood that the year or the monthis to be reckoned according to the British calendar.
“Section”.
50. The word “section” denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.
“Oath”.
51. The word “oath” includes a solemn affirmationsubstituted by law for an oath, and any declaration required or authorised bylaw to be made before a public servant, or to be used for the purpose of proof,whether in a Court of Justice or not.
“Good faith”.
52. Nothing is said to be done or believed in “good faith”which is done or believed without due care and attention.
Chapter III
Punishments
Punishments.
53. (1) The punishments to which offenders are liable under the provisions of this Code are —
[S 26/88]
(a) death;
(aa) imprisonment for life;
[S 26/88]
(b) imprisonment;
[S 12/97]
(c) forfeiture of property;
(d) fine;
(e) whipping, subject to the provisions of the Criminal Procedure Code (Chapter 7).
(2) Notwithstanding the provisions of any other written law, thewords “imprisonment for life” means imprisonment for the remainderof the natural life of the person so sentenced.
[S 26/88]
54. (Repealed).
Commutation of sentence of imprisonment.
55. In every case in which sentence of death, or of imprisonment forany period of not less than 7 years shall have been passed, the Minister* maywithout the consent of the person sentenced commute the punishment intotemporary or perpetual deportation from Brunei Darussalam.
56. — 59. (No sections).
60. (Repealed).
[S 12/97]
61. — 62. (No sections).
*Transferred to the Permanent Secretary, Office of the Prime Minister, witheffect from 26th July 1999 — [S 37/99]
Amount of fine.
63. Where no sum is expressed to which a fine may extend, the amountof the fine to which the offender is liable is unlimited, but shall not be excessive.
64. — 65. (No sections).
66. (Repealed).
[S 12/97]
67. — 70. (No sections).
Limit of punishment of offence made up of several offences.
71. Where anything which is an offence is made up of parts, any ofwhich parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be soexpressly provided.
Where anything is an offence falling within 2 or more separate definitions ofany law in force for the time being by which offences are defined or punished,or where several acts, of which one or more than one would by itself orthemselves constitute an offence, constitute, when combined, a differentoffence, the offender shall not be punished with a more severe punishment thanthe Court which tries him could award for any one of such offences.
Illustrations
(a) A gives Z 50 strokes with a stick. Here, A may havecommitted the offence of voluntarily causing hurt to Z by the wholebeating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for 50years, one for each blow. But he is liable only to one punishment for the wholebeating.
(b) But if, while A is beating Z , Y interferes,and A intentionally strikes Y , here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z , A is liable to one punishment for voluntarily causing hurt to Z , and to another for the blow given to Y.
Punishment of person guilty of one of several offences, the judgmentstating that it is doubtful of which.
72. In all cases in which judgment is given that a person is guilty ofone of several offences specified in the judgment, but that it is doubtful ofwhich of these offences he is guilty, the offender shall be punished for theoffence for which the lowest punishment is provided if the same punishment isnot provided for all.
73. — 74. (No sections).
Punishment of persons convicted after a previous conviction, of an offence punishable with 3 years’ imprisonment.
75. Whoever, having been convicted of an offence punishable with imprisonment for a term of 3 years or upwards, or having been convicted inthe Federation of Malaysia or in the Republic of Singapore of an offence of anature similar to any of those offences, shall be guilty of an offence punishable with imprisonment for a term of 3 years or upwards, shall besubject for every such subsequent offence to imprisonment for 10 years.
[S 12/97]
Chapter IV
General Exceptions
Act done by a person bound, or by mistake of fact believing himself bound,by law.
76. Nothing is an offence which is done by a person who is, or who, byreason of a mistake of fact, and not by reason of a mistake of law, in goodfaith believes himself to be bound by law to do it.
Illustrations
(a) A , a soldier, fires on a mob by the order of his superior officer in conformity with the commands of the law; A hascommitted no offence.
(b) A , an officer of a Court of Justice, being ordered by that Courtto arrest Y , and after due inquiry believing Z to be Y ,arrests Z. A has committed no offence.
Act of Judge when acting judicially.
77. Nothing is an offence which is done by a Judge when actingjudicially in the exercise of any power which is, or which in good faith hebelieves to be given to him by law.
Act done pursuant to the judgment or order of Court.
78. Nothing which is done in pursuance of, or which is warranted by,he judgment or order of a Court of Justice, if done whilst such judgment ororder remains in force, if done whilst such judgment or order remains in force,is an offence, not withstanding the Court may have no jurisdiction to pass suchjudgment or order, provided the person doing the act in good faith believes thatthe Court had such jurisdiction.
Act done by a person justified or by mistake of fact believing himselfjustified by law.
79. Nothing is an offence which is done by any person who is justifiedby law, or who, by reason of a mistake of fact and not by reason, of a mistakeof law, in good faith believes himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A , in the exercise to the best of his judgment, exerted in good faith, ofthe power which the law gives to all persons of apprehending murderers in theact, seizes Z in order to bring Z before the proper authorities: A has committed no offences though it may turn out that Z wasacting in self-defence.
Accident in doing a lawful act.
80. Nothing is an offence which is done by accident or misfortune andwithout any criminal intention or knowledge, in the doing of a lawful act in alawful manner by lawful means, and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who isstanding by. Here, if there was no want of proper caution on the part of A , his act is excusable, and not an offence.
Act likely to cause harm, but done without criminal intent, and to prevent other harm.
81. Nothing is an offence merely by reason of its being done with theknowledge that it is likely to cause harm, if it is done without any criminalintention to cause harm, and in good faith for the purpose of preventing oravoiding other harm to person or property.
Explanation — It is a question of fact in such a case whetherthe harm to be prevented or avoided was of such a nature, and so imminent, as tojustify or excuse the risk of doing the act with the knowledge it was likely tocause harm.
Illustrations
(a) A , the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that,before he can stop his vessels, he must inevitably run down a boat B with20 or 30 passengers on board, unless he changes the course of his vessels, andthat, by changing his course, he must incur risk of running down a boat C with only 2 passengers on board, which he may possible clear. Here, if A alters his course without any intention to run down the boat C andin good faith for the purpose of avoiding the danger to the passenger in theboat B , he is not guilty of an offence, though he may run down theboat C by doing an act which he knew was likely to cause that effect, ifit be found as a matter of fact that the danger which he intended to avoid wassuch as to excuse him in incurring the risk of running down C.
(b) A in a great fire pulls down houses in order to prevent theconflagration from spreading. He does this with the intention in good faith ofsaving human life or property. Here, if it be found that the harm to beprevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of an offence.
Act of a child under 7 years of age.
82. Nothing is an offence which is done by a child under 7 years ofage.
Act of a child above 7 and under 12 of immature understanding.
83. Nothing is an offence which is done by a child above 7 years ofage and under 12, who has not attained sufficient maturity of understanding tojudge of the nature and consequences of his conduct on that occasion.
Act of a person of unsound mind.
84. Nothing is an offence which is done by a person who, at the timeof doing it by reason of unsoundness of mind, is incapable of knowing the natureof the act, or that he is doing what is either wrong or contrary to law.
Intoxication when a defence.
85. (1) Save as provided in this section and in section 86,intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if byreason thereof the person charged at the time of the act or omissioncomplained of did not know that such act or omission was wrong or did not knowwhat he was doing that and —
(a) the state of intoxication was caused without his consent by themalicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane,temporarily or otherwise, at the time of such set or omission.
Effect of defence of intoxication when established.
86. (1) Where the defence under subsection (2) of section 85is established then in a case falling under paragraph (a) thereof theaccused person shall be acquitted, and in a case falling under paragraph (b) the provisions of section 84 of this Code and of sections 319 and 320of the Criminal Procedure Code (Chapter 7) shall apply.
(2) Intoxication shall be taken into account for the purpose ofdetermining whether the person charged had formed any intention, specific orotherwise, in the absence of which he would not be guilty of the offence.
(3) For the purpose of this and the preceding section“intoxication”
shall be deemed to include a state produced by narcotics or drugs.
Act not intended, and not known to be likely, to cause death or grievoushurt, done by consent.
87. Nothing which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person above 18 years of age, who has given consent whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. Thisagreement implies the consent of each to suffer any harm which in the course ofsuch fencing may be caused without foul-play; and if A , while playingfairly, hurts Z , A commits no offence.
Act not intended to cause death, done by consent in good faith forperson’s benefit.
88. Nothing, which is not intended to cause death, is an offence byreason of any harm, which it may cause or be intended by the doer to cause, orbe known by the doer to be likely to cause, to any person for whose benefit itis done in good faith, and who has given a consent, whether express or impliedto suffer that harm, or to take the risk of that harm.
Illustration
A , a surgeon, knowing that a particular operation is likely to causethe death of Z , who suffers under a painful complaint, but not intendingto cause Z’s death and intending, in good faith, Z’s benefit, performs that operation on Z with Z’s consent. A has committed no offence.
Act done in good faith for benefit of child or insane person, by or byconsent of guardian.
89. Nothing which is done in good faith for the benefit of a person under 12 years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:
Provided that —
(a) this exception shall not extend to the intentional causing ofdeath, or to the attempting to cause death;
(b) this exception shall not extend to the doing of anything which theperson doing it knows to be likely to cause death, for any
purpose other than the preventing of death or grievous hurt; or the curing ofany grievous disease or infirmity;
(c) this exception shall not extend to the voluntary causing ofgrievous hurt, or to the attempting to cause grievous hurt, unless it be for thepurpose of preventing death or grievous hurt, or the curing of any grievousdisease or infirmity;
(d) this exception shall not extend to the abetment of anyoffence, to the committing of which offence it would not extend.
Illustration
A , in good faith for this child’s benefit without hischild’s consent has his child cut for the stone by a surgeon, knowing itto be likely that the operation will cause the child’s death, but not intending to cause the child’s death: A is within the exception inasmuch as his object was the cure of the child.
Consent known to be given under fear or misconception, and consent ofchild or person of unsound mind.
90. A consent is not such a consent as is intended by any section ofthis Code if the consent is given by a person under fear of injury or under amisconception of fact, and if the person doing the act knows, or has reason tobelieve, that the consent was given consequence of such fear or misconception; or if the consent is given by a person who, from unsoundnessof mind or intoxication, is unable to understand the nature and consequence ofthat to which he gives his consent; or, unless the contrary appears from thecontext, if the consent is given by a person who is under 12 years of age.
Exclusion of acts which are offences independently of harm caused.
91. The exceptions in sections 87, 88 and 89 do not extend to actswhich are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person givingthe consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of savingthe life of the woman) is an offence independently of any harm which it maycause, or be intended to cause, to the woman. Therefore, it is not an“offence by reason of such harm”, and the consent of the woman or ofher guardian to the causing of such miscarriage does not justify the act.
Act done in good faith for benefit of a person without consent.
92. Nothing is an offence by reason of any harm which it may cause toa person for whose benefit it is done in good faith, even without thatperson’s consent, if the circumstances are such that it is impossible forthat person to signify consent, or if that person is incapable of givingconsent, and has no guardian or other person in lawful charge of him from whomit is possible to obtain consent in time for the thing to be done withbenefit:
Provided that —
(a) this exception shall not extend to the intentional causing ofdeath, or the attempting to cause death;
(b) this exception shall not extend to the doing of anything which theperson doing it knows to be likely to cause death, for any purpose other thanthe preventing of death or grievous hurt or the curing of any grievous diseaseor infirmity;
(c) this exception shall not extend to the voluntary causing of hurt,or to the attempting to cause hurt, for any purpose other than the preventing ofdeath or hurt;
(d) this exception shall not extend to the abetment of anyoffence, to the committing of which offence it would not extend.
Illustrations
(a) Z is thrown from his horse, and is insensible. A , asurgeon, finds that Z. requires to be trepanned. A , notintending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging forhimself. A has committed no offence.
(b) Z is carried off by a crocodile. A fires at the crocodileknowing it to be likely that the shot may kill Z , but not intending tokill Z , and in good faith intending Z’s benefit. A’s shot gives Z a mortal wound. A has committed nooffence.
(c) A , a surgeon, sees a child suffer an accident which is likely toprove fatal unless an operation be immediately performed. There is not time toapply to the child’s guardian. A performs the operation in spite ofthe entreaties of the child, intending, in good faith, the child’sbenefit. A has committed no offence.
(d) A is in a house which is on fire, with Z , a child. Peoplebelow hold a blanket. A drops the child from the house-top, knowing itto be likely that the fall may kill the child but not intending to kill thechild, and intending, in good faith, the child’s benefit. Here, even ifthe child is killed by the fall, A has committed no offence.
Explanation — Mere pecuniary benefit is not benefit within themeaning of sections 88, 89 and 92.
Communication made in good faith.
93. No communication made in good faith is an offence by reason of anyharm to the person to whom it is made if it is made for the benefit of thatperson.
Illustration
A , a surgeon, in good faith, communicates to a patient in his opinionthat he cannot live. The patient dies in consequence of the shock: A hascommitted no offence, though he knew it to be likely that the communicationmight cause the patient’s death.
Act to which a person is compelled by threats.
94. Except murder and offences under section 121, punishable with death, nothing is an offence which is done by a person who is compelled todo it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence:
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Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Explanation 1 — A person who, of his own accord, or by reason ofa threat of being beaten, joins a gang of robbers, knowing their character, isnot entitled to the benefit of this exception on the ground of his having beencompelled by his associates to do anything that is an offence by law.
Explanation 2 — A person seized by a gang of robbers, andforced, by threat of instant death, to do a thing which is an offence by law— for example, a smith compelled to take his tools and to force the doorof a house for the gang-robbers to enter plunder it — is entitled to thebenefit of this exception.
Act causing slight harm.
95. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
The Right of Private Defence
Things done in private defence.
96. Nothing is an offence which is done in the exercise of the rightof private defence.
Right of private defence of the body and of property.
97. Every person has a right, subject to the restrictions contained insection 99, to defend —
(a) his own body, and the body of any other person, against anyoffence affecting the human body;
(b) the property, whether movable or immovable, of himself or of anyother person against any act which is an offence falling under the definition oftheft, robbery, mischief or criminal trespass, or which is an attempt to committheft, robbery, mischief or criminal trespass.
Right of private defence against the act of a person of unsound mindetc.
98. When an act, which would otherwise be a certain offence is notthat offence, by reason of the youth, the want of maturity of understanding, theunsoundness of mind, or the intoxication of the person doing that act, or byreason of any misconception on the part of that person, every person has thesame right of private defence against that act which he would have if the actwere that offence.
Illustrations
(a) Z , under the influence of madness, attempts to kill A ; Z is guilty of no offence. But A has the same right of privatedefence which he would have if Z. were sane.
(b) A enters by night a house which he is legally entitled to enter. Z , in good faith, taking A for a house-breaker, attacks A. Here, Z , by attacking A under thismisconception, commits no offence. But A has the same right to privatedefence against Z , which he would have if Z were not acting underthis misconception.
Acts against which there is no right of private defence; and extent towhich the right may be exercised.
99. (1) There is no right of private defence against an act whichdoes not reasonably cause the apprehension of death or of grievous hurt, ifdone, or attempted to be done, by a public servant acting in good faith undercolour of his office, though that act may not be strictly justifiable bylaw.
(2) There is no right of private defence against an act which does notreasonably cause the apprehension of death or of grievous hurt, if done, orattempted to be done, by the direction of a public servant acting in good faithunder colour of his office, though that direction may not be strictlyjustifiable by law.
(3) There is no right of private defence in cases in which there is time tohave recourse to the protection of the public authorities.
(4) The right of private defence in no case extends to the inflicting ofmore harm than it is necessary to inflict for the purpose of defence.
Explanation 1 — A person is not deprived of the right of privatedefence against an act done or attempted to be done by a public servant, assuch, unless he knows or has reason to believe that the person doing the act issuch public servant.
Explanation 2 — A person is not deprived of the right of privatedefence against an act done or attempted to be done by the direction of a publicservant unless he knows or has reason to believe that the person doing the actis acting by such direction, or unless such person states the authority underwhich he acts, or, if he has authority in writing, unless he produces suchauthority if demanded.
When the right of private defence of the body extends to causingdeath.
100. The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntarycausing of death, or of any other harm, to the assailant if the offence whichoccasions the exercise of the right be of any of the descriptions hereinafterenumerated, namely —
(a) such an assault as may reasonably cause the apprehension thatdeath will otherwise be the consequence of such assault;
(b) such an assault as may reasonably cause the apprehension thatgrievous hurt will otherwise be the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural lust;
(e) an assault with the intention of kidnapping or abducting;
(f) an assault with the intention of wrongfully confining aperson under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities forhis release.
When such right extends to causing any harm other than death.
101. If the offence be not of any of the descriptions enumerated inthe last preceding section, the right of private defence of the body does notextend to the voluntary causing of death to the assailant, but does extend,under the restrictions mentioned in section 99, to the voluntary causing to theassailant of any harm other than death.
Commencement and continuance of the right of private defence of thebody.
102. The right of private defence of the body commences as soon as areasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committedand it continues as long as such apprehension of danger to the bodycontinues.
When the right of private defence of the body extends to causingdeath.
103. The right of private defence of property extends, under therestrictions mentioned in section 99, to the voluntary causing of death, or ofany other harm to the wrong-doer, if the offence, the committing of which, orthe attempting to commit which, occasions the exercise of the right, be anoffence of any of the descriptions hereinafter enumerated namely —
(a) robbery;
(b) house-breaking by night;
(c) mischief by fire committed on any building, tent, or vessel, whichbuilding, tent, or vessel is used as a human dwelling, or as a place for thecustody of property;
(d) theft, mischief or house-trespass, under such circumstances as mayreasonably cause apprehension that death or grievous hurt will be theconsequence, if such right of private defence is not exercised.
When such right extends to causing any harm other than death.
104. If the offence, the committing of which, or the attempting tocommit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptionsenumerated in the last preceding section, that right does not extend to thevoluntary causing of death, but does extend, subject to the restrictionsmentioned in section 99, to the voluntary causing to the wrongdoer of any harmother than death.
Commencement and continuance of the right of private defence ofproperty.
105. (1) The right of private defence of property commences when areasonable apprehension of danger to the property commences.
(2) The right of private defence of property against theft continues till the offender has effected his retreat with the property or either theassistance of the public authorities is obtained or the property has beenrecovered.
(3) The right of private defence of property against robberycontinues as long as the offender causes or attempts to cause to any persondeath or hurt or wrongful restraint, or as long as the fear of instant death orof instant personal restraint continues.
(4) The right of private defence of property against criminal trespass ormischief continues as long as the offender continues in the commission ofcriminal trespass or mischief.
(5) The right of private defence of property against house-breaking bynight, continues as long as the house-trespass which has been begun by suchhouse-breaking continues.
Right of private defence against deadly assault when there is risk of harmto innocent person.
106. If, the exercise of the right of private defence against anassault which reasonably causes the apprehension of death, the defender be sosituated that he cannot effectually exercise that right without risk of harm toan innocent person, his right of private defence extends to the running of thatrisk.
Illustration
A is attacked by a mob who attempt to murder him. He cannoteffectually exercise his right of private defence without firing on the mob, andhe cannot fire without risk of harming young children who are mingled with themob. A commits no offence if by so firing he harms any of thechildren.
Chapter V
Abetment
Abetment of a thing.
107. A person abets the doing of a thing who —
(a) instigates any person to do that thing; or
(b) engages, with one or more other person or persons, in anyconspiracy for the doing of that thing, if an act or illegal omission take placein pursuance of that conspiracy, and in order to the doing that thing; or
(c) intentionally aids, by any act or illegal omissions, the doing ofthat thing.
Explanation 1 — A person who, by wilful misrepresentation, or bywilful concealment of a material fact which he is bound to disclose, voluntarilycauses or procures, or attempts to cause or procure, a thing to be done, is saidto instigate the doing of that thing.
Illustration
A , a public officer, is authorised by a warrant from a Court of Justice to apprehend Z. B , knowing that fact, and also that C is not Z , wilfully represents to A that C is Z and thereby intentionally causes A to apprehend C. Here, B abets by instigation the apprehension of C.
Explanation 2 — Whoever, either prior to, or at the time of, the commission of an act, does anything in order to facilitate thecommission of that act, and thereby facilitates the commission thereof, is saidto aid the doing of that act.
Abettor.
108. A person abets an offence who abets either the commission of anoffence, or the commission of an act which would be an offence if committed by a person capable by law of committing an offence, with the sameintention or knowledge as that of the abettor.
Explanation 1 — The abetment of the illegal omission of an actmay account to an offence although the abettor may not himself be bound to dothat act.
Explanation 2 — To constitute the offence of abetment, it is notnecessary that the act abetted should be committed, or that the effect requisiteto constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3 — It is not necessary that the person abettedshould be capable by law of committing an offence, or that he should have thesame guilty intention or knowledge as that of the abettor, or any guiltyintention or knowledge.
Illustrations
(a) A , with a guilty intention, abets a child or a lunatic to commitan act which would be an offence, if committed by a person capable by law ofcommitting an offence, and having the same intention as A. Here, A whether the act be committed or not, is guilty of abetting anoffence.
(b) A , with the intention of murdering Z instigates B , a child under 7 years of age, to do an act which causes Z’s death. B , in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A , is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B , in consequence of the unsoundness of his mind, being incapable ofknowing the nature of the act, or that he is doing what is wrong or contrary tolaw, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting theoffence of setting fire to a dwelling-house, and is liable to the punishmentprovided for the offence.
(d) A , intending to course theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A B takesthe property out of Z’s possession, in good faith, believing it tobe A.’s property. B , acting under this misconception, doesnot take dishonestly, and therefore does not commit theft. But A isguilty of abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4 — The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z and C commits thatoffence in consequence of B’s instigation: B is liable to bepunished for his offence with the punishment for murder; and, as A instigates B to commit the offence, A is also liable to the samepunishment.
Explanation 5 — It is not necessary to the commission of theoffence of abetment by conspiracy that the abettor should concert the offencewith the person who commits it. It is sufficient if he engage in the conspiracyin pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreedthat A shall administer the poison. B then explains the planto C , mentioning that a third person is to administer the poison, butwithout mentioning A’s name. C agrees to procure the poison,and procures and delivers it to B for the purpose of its being used inthe manner explained. A administers the poison. Z dies inconsequence: Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore, committed the offencedefined in this section, and is liable to the punishment for murder.
Abetment in Brunei Darussalam of offences outside it. [S12/97]
108A. A person abets an offence, within the meaning of this Code who—
(a) within Brunei Darussalam abets the commission of any act withoutBrunei Darussalam; or
(b) without Brunei Darussalam abets the commission of any act withinBrunei Darussalam if the act would contitute an offence if committed in BruneiDarussalam.
Illustration
A , in Brunei Darussalam, instigates B , a foreigner inSingapore, to commit a murder in Singapore: A is guilty of abettingmurder.
Punishment of abatement if the act abetted is committed in consequence,and where no express provision is made for its punishment.
109. Whoever abets any offence shall, if the act abetted is committedin consequence of the abetment, and no express provision is made by this Codefor the punishment of such abetment, be punished with the punishment providedfor the offence.
Explanation — An act or offence is said to be committed inconsequence of abetment when it is committed in consequence of the instigation,or in pursuance of the conspiracy, or with the aid which constitutes theabetment.
Illustrations
(a) A offers a bribe to B , a public’s servant as a rewardfor showing A some favour in the exercise of B’s official functions. B accepts the bribe: A has abetted theoffence defined in section 161.
(b) A instigates B to give false evidence. B , inconsequence of the instigation commits that offence: A is guilty of abetting that offence, and is liable to the same punishment as B.
(c) A and B conspire to poison Z. A , in pursuance ofthe conspiracy procures the poison and delivers it to B in order thatthat he may administer it to Z. B , in pursuance of the conspiracyadministers the poison to Z in A’s absence, and therebycauses Z’s death: Here, B is guilty of murder. A isguilty of abetting that offence by conspiracy and is likely to the punishmentfor murder.
Punishment of abatement if person abetted does act with differentintention from that of abettor.
110. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Liability of abettor when one act abetted and different act done.
111. When an act is abetted and a different act is done, the abettoris liable for the act done, in the same manner and to the same extent as if hehad directly abetted it:
Provided that the act done was a probable consequence of the abetment, andwas committed under the influence of the instigation, or with the aid or inpursuance of the conspiracy which constituted the abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z andgives him poison for that purpose. The child, in consequence of the instigation,by mistake puts the poison into the food of Y , which is by the side ofthat of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances aprobable consequence of the abetment, A is liable in the same manner andto the same extent as if he had instigated the child to put the poison into thefood of Y.
(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A , though guilty of abetting the burning of the house, is not guilty ofabetting the theft; for the theft was a distinct act, and not a probableconsequence of the burning.
(c) A instigates B and C to break into an inhabitedhouse at midnight for the purpose of robbery, and provides them with arms forthat purpose. B and C break into the house, and being resistedby Z , one of the inmates, murder Z. Here, if that murder was theprobable consequence of the abetment, A is liable to the punishmentprovided for murder.
Abettor when liable to cumulative punishment for act abetted and for actdone.
112. If the act for which the abettor is liable under the lastpreceding section is committed in addition to the act abetted, and continues adistinct offence, the abettor is liable to punishment for each of theoffences.
Illustration
A instigates B to resist by force a distress made by a public servant. B , in consequence, resists that distress. In offering the resistance B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences: and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
Liability of abettor for an effect caused by the act abetted differentfrom that intended by the abettors.
113. When an act is abetted with the intention on the part of theabettor of causing a particular effect, and an act for which the abettor isliable in consequence of the abetment causes a different effect from thatintended by the abettor, the abettor is liable for the effect caused in the samemanner and to the same extent as if he had abetted the act with the intention ofcausing that effect, provided he knew that the act abetted was likely to causethat effect.
Illustration
A instigates B to cause grievous hurt to Z. B , inconsequence of the instigation, causes grievous hurt to Z. Z dies inconsequences: Here, if A knew that the grievous hurt abetted was likelyto cause death A is liable to be punished with the punishment providedfor murder.
Abettor present when offences is committed.
114. Whenever any person, who if absent, would be liable to bepunished as an abettor, is present when the act or offence for which he would bepunishable in consequence of the abetment is committed, he shall be deemed tohave committed such act or offence.
Abetment of an offence punishable with death or imprisonment for 15 yearsif the offence be not committed in consequence of the abetment. If act causingharm be done in consequence.
115. Whoever abets the commission of an offence punishable with deathor imprisonment for 15 years, shall, if that offence be not committed inconsequence of the abetment, and no express provision is made by this Code forthe punishment of such abetment, be punished with imprisonment for a term whichmay extend to 7 years, and shall also be liable to fine;
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And if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment for a term which may extend to 14 years, and shall also be liable to fine.
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Illustrations
A instigates B to murder Z. The offence is notcommitted. If B had murdered Z , he would have been subject to the punishment of death. Therefore A is liable toimprisonment for a term which may extend to 7 years, and also to a fine; and ifany hurt be done to Z in consequence of the abetment, he will be liableto imprisonment for a term which may extend to 14 years, and to fine.
Abetment of offence punishable with imprisonment if offence be notcommitted.
116. Whoever abets an offence punishable with imprisonment shall, ifthat offence be not committed in consequence of the abetment, and no expressprovision is made by this Code for the punishment of such abetment, be punishedwith imprisonment of any description provided for that offence for a term whichmay extend to one-fourth part of the longest term provided for that offence, orwith such fine as is provided for that offence or with both;
If abettor or person abetted be a public servant whose duty is to preventoffence.
And if the abettor or the person abetted is a public servant, whose duty isto prevent the commission of such offence, the abettor shall be punished withimprisonment of any description provided for that offence, for a term, which mayextend to one-half of the longest term provided for that offence, or with suchfine as is provided for the offence, or with both.
Illustrations
(a) A offers a bribe to B , a public servant, as a reward forshowing A some favour in the exercise of B’s officialfunctions. B refuses to accept the bribe. A is punishable underthis section.
(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishableaccordingly.
(c) A , a police officer, whose duty is to prevent robbery, abets thecommission of robbery. Here, though the robbery be not committed A isliable to one-half of the longest term of imprisonment provided for that offenceand also to fine.
(d) B abets the commission of a robbery by A , a policeofficer, whose duty it is to prevent that offence. Here, though the robbery becommitted, B is liable to one-half of the longest term of imprisonmentprovided for the offence of robbery, and also to fine.
Abetting commission of an offence by the public, or by more than10
persons.
117. Whoever abets the commission of any offence by the public generally, or by any number or class of persons exceeding 10, shall bepunished with imprisonment for a term which may extend to 3 years, or with fine,or with both.
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Illustration
A affixes in a public place a placard, instigating a sect consistingof more than 10 members, to meet at a certain time and place for the purpose ofattacking the members of an adverse sect while engaged in a procession: A has committed the offence defined in this section.
Concealing design to commit offence punishable with death or imprisonment.
118. Whoever intending to facilitate, or knowing it to be likely thathe will thereby facilitate, the commission of an offence punishable with deathor imprisonment for 15 years, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes anyrepresentation which he knows to be false respecting such design shall, if thatoffence be committed be punished with imprisonment for a term which may extend to 7 years; or, if the offence be not committed, with imprisonment fora term which may extend to 3 years and, in either case, shall also be liable tofine.
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Illustration
A , knowing that a gang-robbery is about to be committed at B ,falsely informs the Magistrate that a gang-robbery is about to be committed at C , a place in an opposite direction, and thereby misleads the Magistratewith intent to facilitate the commission of the offence. The gang-robbery iscommitted at B in pursuance of the design. A is punishable underthis section.
Public servant concealing design to commit offence which it is his duty toprevent.
119. Whoever, being a public servant, intending to facilitate orknowing it to be likely that he will thereby facilitate the commission of anoffence which it is his duty as such public servant to prevent, voluntarilyconceals, by any act or illegal omission, the existence of a design to commitsuch offence, or makes any representation which he knows to be false respectingsuch design, shall if the offence be committed, be punished with imprisonment ofany description provided for the offence for a term which may extend to one-halfof the longest term of such imprisonment or with such fine as is provided forthat offence, or with both; or, if the offence be punishable with death orimprisonment for 15 years, with imprisonment for a term which may extend to 10years; or, if the offence be not committed, shall be punished with imprisonmentof any description provided for the offence for a term which may extend toone-fourth part of the longest term of such imprisonment, or with such fine asis provided for the offence, or with both.
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Illustration
A , an officer of police being legally bound to give information of alldesigns to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intentto facilitate the commission of that offence. Here, A , has by an illegalomission concealed the existence of B’s design, and is liable topunishment according to the provisions of this section.
Concealing design to commit offence punishable with imprisonment.
120. Whoever, intending to facilitate or knowing it to be likely thathe will thereby facilitate the commission of an offence punishablewith imprisonment, voluntarily conceals, by any act or illegal omission,the existence of a design to commit such offence, or makes any representationwhich he knows, to be false respecting such design, shall if the offence becommitted, be punished with imprisonment of the description provided for theoffence, for a term which may extend to one-fourth, and, if the offence be notcommitted, to one-eight of the longest term of such imprisonment, or with suchfine is provided for the offence or with both.
Chapter VA
Criminal Conspiracy
Definition of criminal conspiracy.
120A. When 2 or more persons agree to do, or cause to be done—
(a) an illegal act; or
(b) an act which is not illegal by illegal means, such anagreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shallamount to a criminal conspiracy unless some act besides the agreement is done byone or more parties to such agreement in pursuance thereof.
Explanation — It is immaterial whether the illegal act is theultimate object of such agreement, or is merely incidental to that object.
Punishment of criminal conspiracy.
120B. (1) Whoever is a party to a criminal conspiracy to commit anoffence punishable with death, or imprisonment for a term of 2 years or upwards,shall, where no express provision is made in this Code for the punishment ofsuch a conspiracy, be punished in the same manner as if he had abetted suchoffence.
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(2) Whoever is a party to a criminal conspiracy other than a criminalconspiracy to commit an offence punishable as aforesaid shall be punishable withfor 10 years and with fine.
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Chapter VI
Offences Against The State
Waging or attempting to wage war, or abetting waging of war, against His Majesty.
121. Whoever wages war against His Majesty the Sultan and Yang Di-Pertuan or attempts to wage such war, or abets the waging of such war, shall bepunished with death or with imprisonment for life.
Illustration
A joins an insurrection against His Majesty: A has committedthe offence defined in this section.
Conspiracy to commit offences punishable by section 121.
121A. Whoever, within or without Brunei Darussalam conspires to commitany of the offences punishable by section 121, or to deprive His Majesty of thesovereignty of Brunei Darussalam, or of any part thereof, or conspires tooverawe, by means of criminal force or the show of criminal force, theGovernment, shall be punished with imprisonment for life.
Explanation — To constitute a conspiracy under this section, itis not necessary that any act or illegal omission shall take place in pursuancethereof.
Collecting arms etc. with the intention of waging war against His Majesty.
122. Whoever collects men, arms, or ammunition or otherwise preparesto wage war, with the intention of either waging, or being prepared to wage, waragainst His Majesty the Sultan and Yang Di-Pertuan, shall be punished withimprisonment for a term which may extend to 15 years, and shall also be liableto fine.
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Concealing with intent to facilitate design to wage war.
123. Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against His Majesty the Sultan and Yang Di-Pertuan, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
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124. (No section).
124A, 128, 129, 130. (Repealed) .
125. — 127. (No sections) .
Chapter VII
Offences relating to the Army, Navy, Air Force and Police
Abetment of mutiny to induce soldier etc. from his duty.
131. Whoever abets the committing of mutiny by an officer or constablein the Royal Brunei Police Force or by an officer, soldier, sailor or airman inthe armed forces of His Majesty the Sultan and Yang Di-Pertuan, or attempts toseduce any such person from his allegiance or his duty shall be punished withimprisonment for a term which may extend to 15 years, and shall also be liableto fine.
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Explanation — In this section the word “officer” includes a commissioned, a non-commissioned and awarrant officer.
Abetment of mutiny, if mutiny is committed in consequence thereof.
132. Whoever abets the committing of mutiny by any of the persons mentioned in section 131 shall, if mutiny be committed in consequence ofthat abetment, be punished with death, or imprisonment for a term which mayextend to 15 years, and shall also be liable to fine.
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Abetment of assault by soldiers etc. on his superior officer when inexecution of his office.
133. Whoever abets an assault by any of the persons mentioned in section 131 on any superior officer being in the execution of his office shall be punished with imprisonment for a term which may extend to 3 years and shall also be liable to fine.
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Abetment of such assault if the assault is committed.
134. Whoever abets an assault by any of the persons mentioned in section 131 on any superior officer being in the execution of his office shall, if the assault be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
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Abetment of desertion.
135. Whoever abets the desertion of any of the persons mentioned in section 131 shall be punished with imprisonment for a term whichmay extend to 2 years, or with fine, or with both.
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Harbouring deserter.
136. Whoever, except as hereinafter excepted, knowing or having reasonto believe that any of the persons mentioned in section 131 has deserted,harbours such person, shall be punished with imprisonment for a term which mayextend to 2 years, or with fine, or with both.
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Exception — This provision does not extend to the case in whichthe harbour is given by a wife to her husband.
Deserter concealed on board merchant vessel through negligence ofmaster.
137. The master or person in charge of a merchant vessel, on board of which any deserter from the Royal Brunei Police Force or from the armed forces of His Majesty the Sultan and Yang Di-Pertuan is concealed, shall, though ignorant of such concealment, be liable to a penalty of $4,000, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.
Abetment of act of insubordination by soldier etc.
138. Whoever abets what he knows to be an act of insubordination byany of the persons mentioned in section 131 shall, if such act ofinsubordination be committed in consequence of that abetment, be punished with imprisonment for a term which may extend to 6 months, or withfine, or with both.
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139. (No section).
Wearing garb or carrying token used by soldier etc.
140. Whoever, not being an officer or constable in the Royal BruneiPolice Force, wears any garb or carries any token used by such an officer orconstable, or not being an officer, or a soldier, sailor or airman in the armedforces of His Majesty the Sultan and Yang Di-Pertuan, wears any garb or carriesany token rese