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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 (Repealed).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 (Repealed).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 (Repealed).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 resembling any garb or token used by such an officer or constable, orby such an officer or soldier, sailor or airman, as the case may be, with theintention that it may be believed that he is such an officer or constable, orsuch an officer or soldier, sailor or airman, as the case may be, shall bepunished with imprisonment for a term which may extend to 3 months, or withfine which may extend to $4,000, or with both.
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Chapter VIII
Offences Against the Public Tranquillity
Unlawful assembly.
141. An assembly of 5 or more persons is designated an “unlawful assembly” if the common object of the persons composingthat assembly is —
(a) to overawe, by criminal force or show of criminal force, theGovernment of Brunei Darussalam or any public servant in the exerciseof the lawful power of such public servant; or
(b) to resist the execution of any law or of any legal process; or
(c) to commit any mischief or criminal trespass or otheroffence; or
(d) by means of criminal force, or show of criminal force to anyperson, to take or obtain possession of any property, or to deprive any personof the enjoyment of a right of way, or of the use of water or other incorporealright of which he is in possession or enjoyment, or to enforce any right orsupposed right; or
(e) by means of criminal force, or show of criminal force, to compelany person to do what he is not legally bound to do, or to omit to do what he islegally entitled to do.
Explanation — An assembly which was not unlawful when itassembled may subsequently become an unlawful assembly.
Being member of unlawful assembly.
142. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, issaid to be a member of an unlawful assembly.
Punishment.
143. Whoever is a member of an unlawful assembly shall be punishedwith imprisonment for a term which may extend to one year and with fine.
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Joining unlawful assembly armed with deadly weapon.
144. Whoever, being armed with any deadly weapon, or with anythingwhich, used as a weapon of offence, is likely to cause death, is a member of anunlawful assembly, shall be punished with imprisonment for a term which mayextend to 5 years and with fine.
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Joining or continuing in unlawful assembly, knowing it has beencommanded to disperse.
145. Whoever joins or continues in an unlawful assembly, knowing thatsuch unlawful assembly has been commanded in the manner prescribed by law todisperse, shall be punished with imprisonment for a term which may extend to 5years and with fine.
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Rioting.
146. Whenever force or violence is used by an unlawful assembly, or byany member thereof, in prosecution of the common object of such assembly, everymember of such assembly is guilty of the offence of rioting.
Punishment for rioting.
147. Whoever is guilty of rioting, shall be punished with imprisonmentfor a term which may extend to 5 years and with fine.
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Rioting armed with deadly weapon.
148. Whoever is guilty of rioting, being armed with a deadly weapon orwith anything which, used as a weapon of offence, is likely to cause death,shall be punished with imprisonment for a term which may extend to 10 years andwith fine.
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Every member of unlawful assembly guilty of offence committed in prosecution of common object.
149. If an offence is committed by any member of an unlawful assemblyin prosecution of the common object of that assembly, or such as the members ofthat assembly knew to be likely to be committed in prosecution of that object,every person who, at the time of the committing of that offence, is a member ofthe same assembly, is guilty of that offence.
Hiring, or conniving at hiring, of persons to join unlawfulassembly.
150. Whoever hires, or engages or employs, or promotes, or connivesat, the hiring, engagement, or employment of any person to join or become amember of any unlawful assembly shall be punishable as a member of such unlawfulassembly, and for any offence which may be committed by any such person as amember of such unlawful assembly in pursuance of such hiring, engagement, oremployment, in the same manner as if he had been a member of such unlawfulassembly, or himself had committed such offence.
Knowingly joining or continuing in 5 or more persons after it has beencommanded to disperse.
151. Whoever knowingly joins or continues in any assembly of 5 or morepersons likely to cause a disturbance of the public peace after such assemblyhas been lawfully commanded to disperse shall be punished withimprisonment for a term which may extend to 6 months, or with fine, or withboth.
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Explanation — If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.
Assaulting or obstructing public servant when suppressing riotetc.
152. Whoever assaults or threatens to assault, or obstructs orattempts to obstruct, any public servant in the discharge of his duty as suchpublic servant in endeavouring to disperse an unlawful assembly, or to suppressa riot or affray, or uses, or threatens or attempts to use, criminal force tosuch public servant, shall be punished with imprisonment for a term which mayextend to 3 years, or with fine, or with both.
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Wantonly giving provocation with intent to cause riot.
153. Whoever malignantly or wantonly by doing any thing which isillegal gives provocation to any person, intending or knowing it to be likelythat such provocation will cause the offence of rioting to be committed, shall,if the offence of rioting be committed in consequence of such provocation, bepunished with imprisonment for a term which may extend to 3 years, or with fine,or with both; and, if the offence of rioting be not committed, with
imprisonment for a term which may extend to one year, or with fine, or withboth.
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Promoting enmity between classes.
153A. Whoever by words, either spoken or written, or by signs, or byvisible representations, or otherwise, promotes or attempts to promote feelingsof enmity or hatred between different classes of His Majesty’s subjects in Brunei Darussalam shall be punished with imprisonment for a termwhich may extend to 5 years and with fine.
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Explanation — It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different classes of His Majesty’s subjects in Brunei Darussalam.
Owner or occupier of land on which an unlawful assembly is held.
154. Whenever any unlawful assembly or riot takes place, the owner oroccupier of the land upon which such unlawful assembly is held, or such riot iscommitted, and any such person having or claiming an interest in such land,shall be punishable with a fine not exceeding $4,000, if he or his agent ormanager, knowing that such offence is being or has been committed, or havingreason to believe it is likely to be committed, do not give the earliest noticethereof in his or their power to the principal officer at the nearest policestation, and do not, in the case of his or their having reason to believe thatit was about to be committed, use all lawful means in his or their power toprevent it, an in the event of its taking place, do not use all lawful means inhis or their power to disperse or suppress the unlawful assembly or riot.
Liability of persons for whose benefit riot is committed.
155. Whenever a riot is committed for the benefit, or on behalf, of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place and for suppressing and dispersing the same.
Liability of agent of owner or occupier for whose benefit a riot is committed.
156. Whenever a riot is committed for the benefit, or on behalf, ofany person who is the owner or occupier of any land respecting which such riottakes place, or who claims any interest in such land, or in the subject of anydispute which gave rise to the riot, or who has accepted or derived any benefittherefrom, the agent or manager of such person shall be punishable with fine ifsuch agent or manager, having reason to believe that such riot was likely to becommitted, or that the unlawful assembly by which such riot was committed waslikely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place, and for suppressing anddispersing the same.
Harbouring persons hired for an unlawful assembly.
157. Whoever harbours, receives, or assembles in any house or premisesin his occupation or charge, or under his control, any persons, knowing thatsuch persons have been hired, engaged, or employed, to join, or become membersof, an unlawful assembly, shall be punished with imprisonment for a term whichmay extend to 6 months, or with fine, or with both.
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Being hired to take part in unlawful assembly or riot, or to goarmed.
158. Whoever is engaged or hired, or offers or attempts to be engagedor hired, to do or assist in doing any of the acts specified in section 141,shall be punished with imprisonment for a term which may extend to 6 months, orwith fine, or with both; and whoever, being so engaged or hired as aforesaid,goes armed, or engages or offers to go armed, with any deadly weapon or withanything which, used as a weapon of offence, is likely to cause death, shall bepunished with imprisonment for a term which may extend to 5 years and withfine.
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Affray.
159. When 2 or more person by fighting in a public place disturb thepublic peace, they are said to “commit an affray”.
Punishment for committing affray.
160. Whoever commits an affray shall be punished with imprisonment fora term which may extend to 3 years and with fine.
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Chapter IX
Offences by or relating to Public Servants
Public servant taking gratification other than legal remuneration, inrespect of an official act.
161. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person,for himself or for any other person, any gratification whatever, other thanlegal remuneration, as a motive or reward for doing or forbearing to do anyofficial act, or for showing or forbearing to show in the exercise of hisofficial functions, favour or disfavour to any person, or for rendering orattempting to render any service or disservice to any person, with Government,or with any public servant as such, shall be punished with imprisonment for aterm which may extend to 7 years and with fine.
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Explanation — “Expecting to be a public servant” — If a person, not expecting to be in office, obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
“Gratification” — The word “gratification” isnot restricted to pecuniary gratifications, or to gratifications estimable inmoney.
“Legal remuneration” — The words “legal remuneration” are not restricted to remuneration which a public servantcan lawfully demand, but include all remuneration which he is permitted by theGovernment which he serves to accept.
“A motive or reward for doing” — A person who receives agratification as a motive for doing what he does not intend to do, or as areward for doing what he has not done, comes within these words.
Illustrations
(a) A , a Judge, obtains from Z , a banker, a situation in Z’s bank for A’s brother, as a reward to A fordeciding a cause in favour of Z. A has committed the offence defined inthis section.
(b) A , a public servant, induces Z erroneously to believe that A’s influence with a Government officer has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section.
(c) A , a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a grant of land for Z , and thus induces Z to give A money as a reward for hisservice. A has committed the offence defined in this section.
Taking gratification, in order, by corrupt or illegal means, to influenceservant.
162. Whoever accepts or obtains, or agrees to accept or attempts toobtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegalmeans, any public servant to do or to forbear to do any official act or in theexercise of the official functions of such public servant to show favour ordisfavour to any person, or to render or attempt to render any service ordisservice to any person with the Government, or with any public servant, assuch, shall be punished with imprisonment for a term which may extend to 7 yearsand with fine.
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Taking gratification, for exercise of personal influence with public servant.
163. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to 7 years and with fine.
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Illustration
A person who receives pay for arranging and correcting a memorial addressedto Government, setting forth the services and claims of the memorialist, or apaid agent for a condemned criminal who lays before the Government statementstending to show that the condemnation was unjust, are not within this section,inasmuch as they do not exercise or profess to exercise personal influence.
Punishment for abetment by public servant of offences defined insection 162 or 163.
164. Whoever, being a public servant, in respect of whom either of theoffences defined in the last 2 preceding sections is committed, abets theoffence, shall be punished with imprisonment for a term which may extend to 7years and with fine.
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Illustration
A is a public servant. B , A’s wife, receives apresent as a motive for soliciting A to give an office to a particularperson. A abets her doing so: B is punishable withimprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to 3 years,or with fine, or with both.
Public servant obtaining valuable thing, without consideration, fromperson concerned in proceeding or business transacted by such publicservant.
165. Whoever, being a public servant, accepts or obtains, or agrees toaccept or attempts to obtain, for himself or for any other person, any valuablething, without consideration, or for a consideration which he knows to beinadequate, from any person whom he knows to have been, or to be, or to belikely to be concerned in any proceeding or business transacted or about to betransacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he issubordinate, or from any person whom he knows to be interested in or related tothe person so concerned, shall be punished with imprisonment for a term whichmay extend to 7 years and with fine.
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Illustrations
(a) A , a Judge, hires a house of Z , who has a settlement casepending before him. It is agreed that A shall pay $50 a month, the housebeing such that, if the bargain were made in good faith, A would berequired to pay $2000 a month. A has obtained a valuable thing from Z without adequate consideration.
(b) A , a Judge, buys of Z , who has a cause pending in A’s Court, Government promissory notes at a discount, when they areselling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.
(c) Z’s brother is apprehended and taken before A , amagistrate, on a charge of perjury. A sells to Z shares in a bankat a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is avaluable thing obtained by him without adequate consideration.
Public servant disobeying law, with intent to cause injury to anyperson.
166. Whoever, being a public servant knowingly disobeys any directionof the law as to the way in which he is to conduct himself as such publicservant, intenting to cause, or knowing it to be likely that he will, by suchdisobedience, cause injury to any person shall be punished with imprisonment for a term which may extend to 3 years and with fine.
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Illustration
A , being an officer directed by law to take property in execution inorder to satisfy a decree pronounced in Z’s favour by a Court ofJustice, knowingly disobeys that direction of law with the knowledge that he islikely thereby to cause injury to Z : A has committed the offencedefined in this section.
Public servant framing an incorrect document with intent to causeinjury.
167. Whoever, being a public servant, and being as such public servantcharged with the preparation or translation of any document, frames ortranslates that document in a manner which he knows or believes to be incorrect,intending thereby to cause, or knowing it to be likely that he may therebycause, injury to any person, shall be punished with imprisonment for a termwhich may extend to 7 years and with fine.
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Public servant unlawfully engaging in trade.
168. Whoever, being a public servant, and being legally bound, as suchpublic servant, not to engage in trade, engages in trade, shall be punished withimprisonment for a term which may extend to 3 years and with fine.
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Public servant unlawfully buying or bidding for property.
169. Whoever, being a public servant, and being legally bound, as suchpublic servant, not to purchase or bid for certain property, purchases, or bidsfor that property, either in his own name, or in the name of another or jointlyor in shares with others, shall be punished with imprisonment for a term whichmay extend to 7 years and with fine; and the property if purchased, may beconfiscated.
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Personating a public servant.
170. Whoever pretends to hold any particular office as a publicservant, knowingly that he does not hold such office, or falsely personates anyother person holding such office, and, in such assumed character, does, orattempts to do, any act under colour of such office, shall be punished with imprisonment for a term which may extend to 7 years and withfine.
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Wearing garb or carrying token used by public servant with fraudulent intent.
171. Whoever, not belonging to a certain class of public servants,wears any grab or carries any token resembling any grab or token used by thatclass of public servants, with the intention that it may be believed, or withthe knowledge that it is likely to be believed, that he belongs to that class ofpublic servants, shall be punished with imprisonment for a term which may extendto 3 years and with fine.
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Chapter X
Contempts of the Lawful Authority of Public Servants
Absconding to avoid service of summons or order proceeding.
172. Whoever absconds in order to avoid being served with a summons,notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall bepunished with imprisonment for a term which may extend to one year and withfine; or, if the summons, or notice, or order is to attend in person or by agentor to produce a document, in a Court of Justice with imprisonment for a termwhich may extend to 3 years and with fine.
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Preventing service of summons or other proceeding or preventing publication thereof.
173. Whoever, in any manner, intentionally prevents the servingon himself, or on any other person, of any summons, notice, or order proceedingfrom any public servant legally competent, as such public servant, to issue suchsummons, notice, or order or intentionally prevents the lawful affixing to anyplace of any such summons, notice, or order, or intentionally removes any suchsummons, notice, or order from any place to which it is lawfully affixed, orintentionally prevents the lawful making of any proclamation under the authorityof any public servant, legally competent, as such public servant, to direct suchproclamation to be made, shall be punished with imprisonment for a term whichmay extend one year and with fine; or, if the summons, notice, order orproclamation is to attend in person or by agent, or to produce a document, in aCourt of Justice, with imprisonment for a term which may extend to 3 years andwith fine.
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Non-attendance in obedience to an order from public servant.
174. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from a public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with imprisonment for a term which may extend to one year and with fine; or, if the summons, notice, order, or proclamation is to attend in person or by agent in a Court of Justice, with imprisonment for a term which may extend to 3 years and with fine.
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Illustrations
(a) A , being legally bound to appear before the Supreme Court inobedience to a subpoena issuing from that Court, intentionally omits to appear: A has committed the offence defined in this section.
(b) A , being legally bound to a appear before a Magistrate as awitness in obedience to a summons issued by that Magistrate, intentionally omitsto appear: A has committed the offence defined in this section.
Omission to produce document to public servant by person legallybound to produce it.
175. Whoever, being legally bound to produce or deliver up anydocument to any public servant, as such, intentionally omits so to produce ordeliver up the same, shall be punished with imprisonment for a term which mayextend to one month, or with fine which may extend to $2,000, or with both; orif the document is to be produced or delivered up to a Court of Justice, withimprisonment for a term which may extend to 6 months, or with fine which mayextend to $4,000, or with both.
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Illustration
A , being legally bound to produce a document before a Courtintentionally omits to produce the same. A has committed the offencedefined in this section.
Omission to give notice or information to public servant by person legallybound to give it.
176. Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $2,000, or with both; or, if the notice information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $4,000, or with both.
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Furnishing false information.
177. Whoever, being legally bound to furnish information on anysubject to any public servant, as such, furnishes, as true, information on thesubject which he knows or has reason to believe to be false, shall be punishedwith imprisonment for a term which may extend to 6 months, or with fine whichmay extend to $4,000, or with both; or, if the information which he is legallybound to give respects the commission of an offence, or is required for thepurpose of preventing the commission of an offence, or in order to theapprehension of an offender, with imprisonment for a term which mayextend to 2 years, or with fine, or with both.
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Illustration
(a) A , a landholder, knowing of the commission of a murder within thelimits of his estates, willfully misinforms the Magistrate of the district thatthe death has occurred by accident in consequence of the bit of a snake: A is guilty of the offence defined in this section.
(b) A , a police officer, knowing that a considerable body of strangershas passed through his village in order to commit a gang robbery in the house of Z a wealthy merchant residing in a neighboring place, and being bound togive information of the above fact to his superior officer, willfully misinformsthat officer that a body of suspicious characters passed through the villagewith a view to commit gang robbery in a certain distant place in a differentdirection. Here, A is guilty of the offence in the latter part of thissection.
Explanation — In section 176 and in this section, the word “offence” includes any act committed at any place out of Brunei Darussalam, which, if committed in Brunei Darussalam, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and the word “offender” includes any person who is alleged to have been guilty of any such act.
Refusing oath when duly required to take oath by a public servant.
178. Whoever refuses to bind himself by an oath to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with imprisonment for term which may extend to 6 months, or with fine which may extend to $4,000, or with both.
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Refusing to answer a public servant authorised to question.
179. Whoever, being legally bound to state the truth on any subject toany public servant, refuses to answer any question demanded of him touching thatsubject by such public servant, in the exercise of the legal powers of suchpublic servant, shall be punished with imprisonment for a term which may extendto 6 months, or with fine which may extend to $4,000, or with both.
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Refusing to sign statement.
180. Whoever refuses to sign any statement made by him, when requiredto sign that statement by a public servant legally competent to require that heshall sign that statement, shall be punished with imprisonment for a term whichmay extend to 3 months, or with fine which may extend to $2,000, or withboth.
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False statement on oath or affirmation public servant or person authorised to administer on an oath or affirmation.
181. Whoever, being legally bound by an oath or affirmation to statethe truth on any subject to any public servant or other person authorised by lawto administer such oath or affirmation, makes to such public servant or otherperson as aforesaid, touching that subject, any statement which is false, andwhich he either knows or believes to be false or does not believe to be true,shall be punished with imprisonment for a term which may extend to 3 years, andshall also be liable to fine.
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False information, with intent to cause public servant to use his lawful power to the injury of another person.
182. Whoever gives to any public servant any information which heknows or believes to be false, intending thereby to cause, or knowing to belikely that he will thereby cause, such public servant —
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such informationis given were known by him; or
(b) to use the lawful power of such public servant to the injury orannoyance of any person,
shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $4,000, or with both.
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Illustrations
(a) A informs a Magistrate that Z , a police officer subordinate to such Magistrate, has been guilty to neglect of duty ormisconduct, knowing such information to be false, or knowing it to be likelythat the information will cause the Magistrate to dismiss Z : A hascommitted the offence defined in this section.
(b) A falsely informs a public servant that Z has contrabandsalt in a secret place knowing such information to be false, and knowingthat it is likely that the consequence of the information will be a searchof Z’s premises with attendant annoyance to Z : A hascommitted the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted androbbed in the neighbourhood of a particular village. He does not mentioned thatname of any person as one of his assailants, but knows it to be likely that, inconsequence of this information the police will make inquiries and institutesearches in the village to the annoyance of the villagers or some of them: A has committed an offence under this section.
Resistance to the taking of property by lawful authority of public servant.
183. Whoever offers any resistance to the taking of any property bythe lawful authority of any public servant, knowing or having reason to believethat he is such servant, shall be punished with imprisonment for a term whichmay extend to 6 months, or with fine which may extend to $4,000, or withboth.
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Obstructing sale of property offered for sale byauthority of public servant.
184. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $2,000, or with both.
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Illegal purchase or bid for property offered for sale byauthority of public servant.
185. Whoever, at any sale of property held by the lawful authority ofa public servant as such, purchases or bids for any property on account of anyperson, whether himself or any other, whom he knows to be under a legalincapacity to purchase that property at that sale, or bids for such property notintending to perform the obligations under which he lays himself by suchbidding, shall be punished with imprisonment for a term which may extend to onemonth, or with which fine may extend to $800, or with both.
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Obstructing public servant in discharge of public functions.
186. Whoever voluntarily obstructs any public servant in the dischargeof his public functions shall be punished with imprisonment for a term which mayextent to 3 months, or with fine which may extend to $2,000, or with both.
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Omission to assist public servant when bound by law to giveassistance.
187. Whoever, being bound by law to render or furnish assistance toany public servant in the execution of his public duty, intentionally omits togive such assistance, shall be punished with imprisonment for a term which mayextend to one month, or with fine which may extend to $800, or with both; and,if such assistance be demanded of him by a public servant legally competent tomakes such demand for the purposes of executing any process lawfully issued by aCourt of Justice, or of preventing the commission of an offence, or ofsuppressing a riot or affray, or of apprehending a person charged with or guiltyor an offence, or of having escaped from lawful custody, shall be punished withimprisonment for a term which may extend to 6 months, or with fine which mayextend to $4,000, or with both.
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Disobedience to order duly promulgated by public servant.
188. Whoever, knowing that, by an order promulgated by a publicservant lawfully empowered to promulgate such order, he is directed to abstainfrom a certain act, or to take certain order with certain property in hispossession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance,or injury to any persons lawfully employed, be punished with imprisonment for aterm which may extend to one month, or with fine which may extend to $800, orwith both; and if such disobedience causes or tends to cause danger to humanlife, health, or safety, or causes or tends to cause a riot or affray, shall bepunished with imprisonment for a term which may extend to 6 months, or with finewhich may extend to $4,000, or with both.
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Exception — It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces or is likely to produce harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgatesuch order directing that a religious procession shall not pass down a certainstreet. A knowingly disobeys the order, and thereby causes danger ofriot. A has committed offence defined in this section.
Threat of injury to public servant.
189. Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment for a term which may extend to 5 years and with fine.
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Threat of injury to induce person to refrain fromapplying for protection to public servant.
190. Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment for a term which may extend to 3 years and with fine.
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Chapter XI
False Evidence and Offences Against Public Justice
Giving false evidence.
191. Whoever, being legally bound by an oath, or by any expressprovision of law, to state the truth, or being bound by law to make adeclaration upon any subject, makes any statement which is false, and which heeither knows or believes to be false or does not believe to be true, is said togive false evidence.
Explanation 1 — A statement is within the meaning of thissection, whether it is made verbally or otherwise.
Explanation 2 — A false statement as to the belief of the personattesting is within the meaning of this section, and a person may be guilty ofgiving false evidence by stating that he believes a thing which he does notbelieve, as well as by stating that he know a thing which he does not know.
Illustrations
(a) A , in support of a just claim which B has against Z for $1,000 falsely swears on a trial that he heard Z admit thejustice of B’s claim: A has given false evidence.
(b) A , being bound by an oath to state the truth, states that hebelieves a certain signature to be the handwriting of Z when he does notbelieve it to be the handwriting of Z : Here, A states that whichhe knows to be false, and therefore, gives false evidence.
(c) A , knowing the general character of Z’s handwriting,states that he believes a certain signature to be the handwriting of Z , A , in good faith, believing it to be so: Here, A’s statementis merely as to his belief, and is true as to his belief, and therefore,although the signature may not be the handwriting of Z , A has notgiven false evidence.
(d) A , being bound by an oath to state the truth, states that he knowsthat Z was at a particular place on a particular day, not knowinganything upon the subject: A gives false evidence whether Z wasat that place on the day named or not.
(e) A , an interpreter or translator gives or certifies as a true interpretation or translation of a statement or document which he bound by oath to interpret or translate truly, that which is not, and which does not believe to be, true interpretation or translation:
A has given false evidence.
Fabricating false evidence.
192. Whoever causes any circumstances to exist, or makes any falseentry in any book or record or makes any document containing a false statement,intending that such circumstances, false entry, or false statement may appear inevidence in judicial proceeding, or in a proceeding taken by law before a publicservant as such, or before an arbitrator, and that such circumstance, falseentry, or false statement, so appearing in evidence, may cause any person, who,in such proceeding is to form an opinion upon the evidence, to entertain anerroneous opinion touching any point material to the result of such proceeding,is said to “fabricate false evidence”.
Illustrations
(a) A puts jewels into a box belonging to Z , with the intentionthat they may be found in that box and that this circumstances may cause Z to be convicted of theft: A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using itas corroborative evidence in a Court of Justice: A has fabricated falseevidence.
(c) A , with the intention of causing Z , to be convicted of acriminal conspiracy, writes a letter in imitation of Z’s handwriting purporting to be addressed to an accomplice in such criminalconspiracy, and puts the letter in a place which he knows that the officers ofthe police are likely to search: A has fabricated false evidence.
Punishment for false evidence.
193. Whoever intentionally gives false evidence in any stage of ajudicial proceeding, or fabricates false evidence for the purpose of being usedin any stage of a judicial proceeding shall be punished with imprisonment for aterm which may extend to 7 years, and shall also be liable to fine; and whoeverintentionally gives or fabricates false evidence in any other case, shall bepunished with imprisonment for a term which may extend to 3 years, and shallalso be liable to fine.
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Exception 1 — A trial before Court-martial is a judicial proceeding. Explanation 2 — An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A , in an inquiry before a Magistrate for the purpose of ascertainingwhether Z ought to be committed for trial, makes on oath a statementwhich he knows to be false. As this inquiry is a stage of a judicial proceeding. A has given false evidence.
Explanation 3 — An investigation directed by a Court ofJustice according to law, and conducted under the authority of a Court ofJustice, is a stage of a judicial proceeding, though that investigation may nottake place before a Court of Justice.
Illustration
A , in an inquiry before an officer deputed by a Court of Justice toascertain on the spot the boundaries of land, makes on oath a statement which heknows to be false. As this inquiry is a stage of a judicial proceeding. A has given false evidence.
Giving or fabricating false evidence with intent to procure conviction ofcapital offence.
194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, anyperson to be convicted of an offence which is capital by this Code shall bepunished with imprisonment for a term which may extend to 15 years, and shallalso be liable to fine; and if an innocent person be convicted in consequence ofsuch false evidence, the person who gives such false evidence shall be punishedeither with death or the punishment hereinbefore described.
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Giving or fabricating false evidence with intent toprocure conviction of offence punishable with imprisonment.
195. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause anyperson to be convicted of an offence which by this Code is not capital, butpunishable with imprisonment for a term of 7 years or upwards, shall be punishedas a person convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of gang-robbery. The punishment of gang-robbery is imprisonment for a term which may extend to 15 years, with or without fine. A , therefore, is liable to such imprisonment, with or without fine.
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Using evidence known to be false.
196. Whoever corruptly uses, or attempts to use, as true or genuine evidence, any evidence which he knows to be false or fabricated, shallbe punished in the same manner as if he gave or fabricated false evidence.
Issuing or signing false certificate.
197. Whoever issues or signs any certificate required by law to begiven or signed, or relating to any fact of which such certificate is by lawadmissible in evidence, knowing or believing that such certificate is false inany material point, shall be punished in the same manner as if he gave falseevidence.
Using as true a certificate known to be false.
198. Whoever corruptly uses, or attempts to use, any such certificateas a true certificate knowing the same to be false in any material point shallbe punished in the same manner as if he gave false evidence.
False statement made in declaration which is by law receivable as evidence.
199. Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person,is bound or authorised by law to receive as evidence of any fact, makes anystatement which is false, and which he either knows or believes to be false, ordoes not believe to be true, touching any point material to the object for whichthe declaration is made or used, shall be punished in the same manner as if hegave false evidence.
Using as true such declaration, knowing it to be false.
200. Whoever corruptly uses, or attempts to use, as true, anysuch declaration, knowing the same to be false in any material point, shall bepunished in the same manner as if he gave false evidence.
Explanation — A declaration which is inadmissible merely upon the ground of some informality is a declaration within the meaning of sections 199 and 200.
Causing disappearance of evidence of offence or giving false informationto screen offender.
201. Whoever, knowing or having reason to believe that an offence hasbeen committed, causes any evidence of the commission of that offence todisappear with the intention of screening the offender from legal punishment, orwith that intention gives any information respecting the offence which he knowsor believes to be false, shall, if the offence which he knows or believes tohave been committed is punishable with death, be punished with imprisonment fora term which may extend to 7 years, and shall also be liable to fine; and, ifthe offence is punishable with imprisonment which may extend to 10 years orover, shall be punished with imprisonment for a term which may extend to 3 yearsand shall also be liable to fine, and if the offence is punishable withimprisonment for any term not extending 10 years, shall be punished withimprisonment of the description provided for the offence, for a term which mayextend to one-fourth part of the longest term of the imprisonment provided forthe offence, or with fine, or with both.
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Illustration
A , knowing that B has murdered Z , assists B tohide the body with the intention of screening B from punishment. A is liable to imprisonment for 7 years and also to fine.
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Intentional omission to give information of offence byperson bound to inform.
202. Whoever, knowing or having reason to believe that an offence hasbeen committed, intentionally omits to gives any information respecting thatoffence which he is legally bound to give, shall be punished withimprisonment for a term which may extend to 6 months, or with fine, or withboth.
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Giving false information respecting an offence committed.
203. Whoever, knowing or having reason to believe that an offence hasbeen committed, gives any information respecting that offence which he knows orbelieves to be false, shall be punished with imprisonment for a term which mayextend to 2 years, or with fine, or with both.
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Explanation — In sections 201 and 202 and in this section the word “offence” includes any act committed at any place out of Brunei Darussalam which, if committed in Brunei Darussalam, would be punishable under any of the following sections namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 459 and 460.
Destruction of document to prevent its production as evidence.
204. Whoever secretes or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in anyproceeding lawfully held before a public servant as such, or obliterates orrenders illegible the whole or any part of such document with the intention ofpreventing the same from being produced or used as evidence before such Court orpublic servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished withimprisonment for a term which may extend to 2 years, or with fine, or withboth.
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False personation for purpose of act or proceeding in suit or prosecution.
205. Whoever falsely personates another, and, in such assumedcharacter, makes any admission or statement, or confesses judgment, or causesany process to be issued, or becomes bail or security, or does any other act inany suit or criminal prosecution shall be punished with imprisonment for a termwhich may extend to 3 years, or with fine, or with both.
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Fraudulent removal or concealment of property to preventits seizure as forfeited or in execution.
206. Whoever fraudulently removes, conceals, transfers, or delivers toany person any property or any interest therein, intending thereby to preventthat
property or interest from being taken as a forfeiture, or in satisfaction ofa fine, under a sentence which has been pronounced, or which he knows to belikely to be pronounced, by a Court of Justice or other competent authority, orfrom being taken in execution of a decree or order which has been made, or whichhe knows to be likely to be made by a Court of Justice in a civil suit, shall bepunished with imprisonment for a term which may extend to 2 years, or with fine,or with both.
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Fraudulent claim to property to prevent its seizure asforfeited or in execution.
207. Whoever fraudulently accepts, receives, or claims any property orany interest therein, knowing that he has no right or rightful claim to suchproperty or interest, or practises any deception touching any right to anyproperty or any interest therein, intending thereby to prevent that property orinterest therein from being taken as a forfeiture or in satisfaction of a fine,under a sentence which has been pronounced, or which he knows to be likely to bepronounced, by a Court of Justice or other competent authority, or from beingtaken in execution of a decree or order which has been made or which he knows tobe likely to be made by a Court of Justice in a civil suit, shall be punishedwith imprisonment for a term which may extend to 2 years, or with fine, or withboth.
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Fraudulently suffering decree for sum not due.
208. Whoever fraudulently causes or suffers a decree or order to bepassed against him at the suit of any person for a sum not due, or for a largersum than is due to such person or for any property or interest in property towhich such person is not entitled, or fraudulently causes or suffers a decree ororder to be executed against him after it has been satisfied, or for anything inrespect of which it has been satisfied shall be punished with imprisonment for aterm which may extend to 2 years, or with fine, or with both.
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Illustration
A institutes a suit against Z , Z , knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment topass against him for a larger amount at the suit of B , who has no justclaim against him, in order that B , either on his own account or for thebenefit of Z , may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.
Dishonestly making false claim in Court.
209. Whoever fraudulently or dishonestly, or with intent to injure orannoy any person, makes in a Court of Justice any claim which he knows to befalse, shall be punished with imprisonment for a term which may extend to 2years, and shall also be liable to fine.
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Fraudulently obtaining decree for sum not due.
210. Whoever fraudulently obtains a decree or order against any personfor a sum not due, or for a larger sum than is due, or for any property orinterest in property to which he is not entitled, or fraudulently causes adecree or order to be executed against any person after it has been satisfied,or for anything in respect of which it has been satisfied, or fraudulentlysuffers or permits any such act to be done in his name, shall be punished with imprisonment for a term which may extend to 2 years, or withfine, or with both.
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False charge of offence made with intent to injure.
211. Whoever with intent to cause injury to any person, institutes, orcauses to be instituted, any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing thatthere is no just or lawful ground for such proceeding or charge against thatperson, shall be punished with imprisonment for a term which may extend to
2 years, or with fine, or with both, and if such criminal proceeding beinstituted on a false charge of an offence punishable with death, orimprisonment for 7 years or upwards, shall be punishable with imprisonment for aterm which may extend to 7 years, and shall be liable to fine.
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Harbouring offender.
212. (1) Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender with the intention of screening him from legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine, and if the offence is punishable with imprisonment which may extend to 10 years, shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine, and if the offence is punishable with imprisonment which may extend to one year and not to 10 years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
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(2) “Offence” in this section includes any act committed at any place out of Brunei Darussalam, which, if committed in Brunei Darussalam, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Brunei Darussalam.
Taking gift etc. to screen an offender from punishment.
213. Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitutionof property to himself or any other person, in consideration of his concealingan offence, or of his screening any person from legal punishment for anyoffence, or of his not proceeding against any person for the purpose of bringinghim to legal punishment, shall, if the offence is punishable with death, bepunished with imprisonment for a term which may extend to 7 years, and shallalso be liable to fine; and, if the offence is punishable with imprisonmentwhich may extend to 10 years, shall be punished with imprisonment for a termwhich may extend to 3 years, and shall also be liable to fine; and, if theoffence is punishable with imprisonment not extending to 10 years, shall bepunished with imprisonment of the description provided for the offence for aterm which may extend to one-fourth part of the longest term of imprisonmentprovided for the offence, or with fine, or with both.
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Offering gift or restoration of property in considerationof screening offender.
214. Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore, or cause the restoration of, any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine; and, if the offence is punishable with imprisonment which may extend to 10 years, shall be punished with imprisonment for a term which may extend 3 years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to 10 years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
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Exception — The provisions of sections 213 and 214 do not extendto any case in which the offence may lawfully be compounded.
Taking gift to help to recover stolen property etc.
215. Whoever takes or agrees or consents to take any gratificationunder pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishableunder this Code, shall, unless he uses all means in his power to cause theoffender to be apprehended and convicted of the offence, be punished withimprisonment for a term which may extend to 2 years, or with fine, or withboth.
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Harbouring offender who has escaped from custody, or whose apprehension has been ordered.
216. (1) Whenever any person convicted of or charged with anoffence, being in lawful custody for that offence, escapes from such custody, orwhenever a public servant, in the exercise of the lawful powers of such publicservant, orders a certain person to be apprehended for an offence, whoever,knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended,shall be punished in the manner following, that is to say —
(a) if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished withimprisonment for a term which may extend to 7 years, and shall also be liable tofine;
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(b) if the offence is punishable with imprisonment for 10 years, heshall be punished with imprisonment for a term which may extend to 3 years, withor without fine; and
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(c) if the offence is punishable with imprisonment which may extend toone year and not to 10 years, he shall be punished with imprisonment of thedescription provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for suchoffence, or with fine, or with both.
(2) “Offence” in this section includes also any act or omissionof which a person is alleged to have been guilty out of Brunei Darussalam,which, if he had been guilty of it in Brunei Darussalam, would have beenpunishable as an offence, and for which he is, under any law relating toextradition liable to be apprehended or detained in custody in BruneiDarussalam; and every such act or omission shall, for the purposes of thissection, be deemed to be punishable as if the accused person had been guilty ofit in Brunei Darussalam.
Exception — This provision does not extend to the case in whichthe harbour or concealment is by the husband or wife of the person to beapprehended.
Penalty for harbouring robbers or gang-robbers.
216A. Whoever, knowing or having reason to believe that any person areabout to commit, or have recently committed, robbery or gang-robbery, harbours them or any of them with the intention of facilitating the commissionof such robbery or gang-robbery, or of screening them or any of them frompunishment shall be punished with imprisonment for a term which may extend to 7years, and shall also be liable to fine.
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Exception — For the purpose of this section, it is immaterial whether the robbery or gang-robbery is intended to be committed, or has been committed, within or without Brunei Darussalam.
Exception — This provision does not extend to the case in whichthe harbour is by the husband or wife of the offender.
Harbouring suspected bad characters.
216B. (1) Whoever being owner or occupier of any house or place knowingly harbours reputed thieves therein or knowingly permits them toassemble therein or deposit goods therein reasonably suspected of being stolenshall be punished with imprisonment for a term which may extend to 3 years andwith fine.
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(2) If any person convicted under this section is the holder of a licencefor the sale of intoxicating liquors or drugs or for keeping of any place ofpublic entertainment or resort, the Court may in its discretion cancel any suchlicence.
Definition of “harbour” in sections 212, 216, 216A and216B.
216C. In sections 212, 216, 216A and 216B, the word“harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or theassisting of a person in any way to evade apprehension.
Public servant disobeying direction of law with intent to save person frompunishment or property from forfeiture.
217. Whoever, being a public servant, knowingly disobeys any directionof the law as to the way in which he is to conduct himself as such publicservant, intending thereby to save, or knowing it to be likely that he willthereby save any person from legal punishment, or subject him to a lesspunishment than that to which he is liable, or with intent to save, knowing thathe is likely thereby to save, and property from forfeiture or any charge towhich it is liable by law, shall be punished with imprisonment for a term whichmay extend to 2 years, or fine, or with both.
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Public servant framing incorrect record or writing withintent to save person from punishment or property from forfeiture.
218. Whoever, being a public servant and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.
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Public servant in judicial proceeding corruptly making report etc. contrary to law.
219. Whoever, being a public servant, corruptly or maliciously makesor pronounces in any stage of a judicial proceeding, any report, order, verdictor decision which he knows to be contrary to law, shall be punished withimprisonment for a term which may extend to 7 years, or with fine, or withboth.
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Commitment for trial or confinement by person havingauthority who knows that he is acting contrary to law.
220. Whoever, being in any office which gives him legal authority tocommit persons for trial or to confinement, or to keep persons inconfinement, corruptly or maliciously commits any person for trial or toconfinement, or keeps any person in confinement, in the exercise of thatauthority, knowing that in so doing he is acting contrary to law, shall bepunished with imprisonment for a term which may extend to 7 years, or with fine,or with both.
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Intentional omission to apprehend on the part of publicservant bound to apprehend.
221. Whoever, being a public servant, legally bound as such publicservant to apprehend or to keep in confinement any person charged with or liableto be apprehended for an offence, intentionally omits to apprehend such person,or intentionally suffers such person to escape, or intentionally aids suchperson in escaping, or attempting to escape, from such confinement, shall bepunished as follows, that is to say —
(a) with imprisonment for a term which may extend to 7 years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or
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(b) with imprisonment for a term which may extend to 3 years, with orwithout fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, anoffence punishable with imprisonment for a term which may extend to 10 years;or
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(c) with imprisonment for a term which may extend to 2 years, with orwithout fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, anoffence punishable with imprisonment for a term less than 10 years.
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Intentional omission to apprehend on the part of publicservant bound to apprehend person under sentence or lawfully committed.
222. Whoever, being a public servant, legally bound as such public servant, to apprehend, or to keep in confinement, any person undersentence of a Court of Justice for any offence, or lawfully committed tocustody, intentionally omits to apprehend such person, or intentionally sufferssuch person to escape, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from suchconfinement, shall be punished as follows, that is to say —
(a) with imprisonment for a term which may extend to 15 years, with orwithout fine, if the person in confinement, or who ought to have beenapprehended, is under sentence of death; or
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(b) with imprisonment for a term which may extend to 7 years, with orwithout fine, if the person in confinement, or who ought to have beenapprehended, is subject by a sentence of a Court of Justice, or by virtue of acommutation of such sentence, to imprisonment for a term of 10 years or upwards;or
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(c) with imprisonment for a term which may extend to 3 years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to 10 years, or if the person was lawfully committed to custody.
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Escape from confinement or custody negligently suffered by public servant.
223. Whoever, being a public servant, legally bound as such publicservant to keep in confinement any person charged with or convicted of anyoffence or lawfully committed to custody, negligently suffers such person toescape from confinement, shall be punished with imprisonment for a term whichmay extend to 2 years, or with fine, or with both.
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Resistance etc. to lawful apprehension: escape from custody.
224. Whoever intentionally offers any resistance or illegalobstruction to the lawful apprehension of himself for any offence with which heis charged, or of which he has been convicted, or escape, or attempts to escape,from any custody in which he is lawfully detained for any such offence, shall,be punished with imprisonment for a term which may extend to 2 years, or withfine, or with both.
[S 12/97]
Exception — The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.
Resistance or obstruction to lawful apprehension of anotherperson.
225. Whoever intentionally offers any resistance or illegalobstruction to the lawful apprehension of any other person for an offence, orrescues, or attempts to rescue, any other person from any custody in which thatperson is lawfully detained for an offence —
(a) shall be punished with imprisonment for a term which may extend to2 years, or with fine, or with both; or
[S 12/97]
(b) if the person to be apprehended, or the person rescued orattempted to be rescued, is charged with, or liable to be apprehended for, anoffence punishable with imprisonment for a term which may extend to 10 years,shall be punished with imprisonment for a term which may extend to 3 years, andshall also be liable to fine; or
[S 12/97]
(c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with, or liable to be apprehended for, an offencepunishable with death, shall be punished with imprisonment for a term which mayextend to 7 years, and shall also be liable to fine; or
[S 12/97]
(d) if the person to be apprehended or rescued, or attempted to berescued, is liable, under the sentence of a Court of Justice, or by virtue of acommutation of such a sentence, to imprisonment for a term of 10 years orupwards, shall be punished with imprisonment for a term which may extend to 7years, and shall also be liable to fine; or
[S 12/97]
(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished withimprisonment for a term not exceeding 15 years, and shall also be liable tofine.
[S 12/97]
Omission to apprehend, or sufferance or escape, onpart of public servant in cases not otherwise provided for.
225A. Whoever, being a public servant legally bound as such publicservant to apprehend, or to keep in confinement, any person in any case notprovided for in section 221, 222 or 223, or in any other law for the time beingin force, omits to apprehend that person or suffers him to escape fromconfinement shall be punished —
(a) if he does so intentionally with imprisonment for a term which mayextend to 3 years, or with fine, or with both; and
[S 12/97]
(b) if he does so negligently, with imprisonment for a term which mayextend to 2 years, or with fine, or with both.
[S 12/97]
Resistance or obstruction to lawful apprehension, or escape or rescue, incases not provided for.
225B. Whoever, in any case not provided for in section 224 or 225 orin any other law for the time being in force, intentionally offers anyresistance or illegal obstruction to the lawful apprehension of himself or ofany other person, or escapes or attempts to escape from any custody in which heis lawfully detained, or rescues or attempts to rescue any other person from anycustody in which that person is lawfully detained, shall be punished withimprisonment for a term which may extend to 6 months, or with fine, or withboth.
[S 12/97]
Unlawful return from deportation etc.
226. Whoever, having been lawfully deported or otherwise lawfully sentout of Brunei Darussalam, returns to Brunei Darussalam, the term for which hewas deported or sent out of Brunei Darussalam not having expired, and he nothaving received a remission of punishment, or otherwise not having lawfullyauthority to return to Brunei Darussalam, shall be punished with imprisonmentfor a term which may extend to 7 years and with fine.
[S 12/97]
Violation of condition of remission of punishment.
227. Whoever, having accepted any conditional remission of punishment,knowingly violates any condition on which such remission was granted, shall bepunished with the punishment to which he was originally sentenced, if he hasalready suffered no part of that punishment, and, if he has suffered any part ofthat punishment, then with so much of that punishment as he has not alreadysuffered.
Intentional insult or interruption to public servant sitting in any stageof a judicial proceeding.
228. Whoever intentionally offers any insult, or causes anyinterruption, to any public servant, while such public servant is sitting in anystage of a judicial proceeding, shall be punished with imprisonment for a termwhich may extend to 3 years and with fine.
[S 12/97]
Contempt of Court.
228A. Whoever does any act which prejudices or is likely to prejudicethe course of justice, or commits any contempt of court which is not expresslymade punishable by this Code or any other law, shall be punished withimprisonment for a term which may extend to 3 years and with fine.
[S 12/97]
Personation of a juror or assessor.
229. Whoever, by personation or otherwise, shall intentionally cause,or knowingly suffer himself to be returned, empanelled, or sworn as a juryman orassesory in any case in which he knows that he is not entitled by law to be soreturned, empanelled or sworn, or, knowing himself to have been so returned,empanelled, or sworn contrary to law, shall voluntarily serve on such jury or assuch assessor, shall be punished with imprisonment for a term which may extendto 2 years, or with fine, or with both.
[S 12/97]
Offences for which no special punishment is provided.
229A. Whoever does anything which by any law in force in Brunei Darussalam he is prohibited from doing, or omits to do anything which he is so enjoined to do, shall, when no special punishment is provided by the law for such commission or omission, be punishable by fine not exceeding $5,000.
[S 12/97]
Chapter XII
Offences relating to Coin and Government Stamps
“Coin” defined.
230. Coin is metal used for the time being as money, and stamped andissued by the authority of some State or Sovereign Power in order to be soused.
(a) Cowries are not coin.
(b) Lumps of unstamped copper, though used as money, are not coin.
(c) Medals are not coin, inasmuch as they are not intended to be used as money.
231. (No section).
Counterfeiting coin.
232. Whoever counterfeits, or knowingly performs any part of theprocess of counterfeiting coin, shall be punished with imprisonment for a termwhich may extend to 15 years, and shall also be liable to fine.
[S 12/97]
Making or selling instrument for counterfeiting coin.
234. Whoever makes or mends, or performs any part of the process ofmaking or mending, or buys, sells, or disposes of any die, or instrument for thepurpose of being used, or knowing or having reason to believe that it isintended to be used, for the purpose of counterfeiting coin, shall be punishedwith imprisonment for a term which may extend to 7 years, and shall also beliable to fine.
[S 12/97]
Possession of instrument or material for the purpose ofusing the same for counterfeiting coin.
235. Whoever is in possession of any instrument or material for the purpose of using the same for counterfeiting coin, or knowing or havingreason to believe that the same is intended to be used for that purpose, shallbe punished with imprisonment for a term which may extend to 10 years, and shallalso be liable to fine.
[S 12/97]
Abetting in Brunei Darussalam the counterfeiting of coin out ofBrunei
Darussalam.
236. Whoever, being within Brunei Darussalam, abets the counterfeitingof coin out of Brunei Darussalam, shall be punished in the same manner as if heabetted the counterfeiting of such coin within Brunei Darussalam.
237. (No section).
Import or export of counterfeit coin.
238. Whoever imports into Brunei Darussalam, or exports therefrom, any counterfeit coin which he knows, or has reason to believe, to be counterfeit coin, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[S 12/97]
239. (No section).
Delivery of coin possessed with the knowledge that it iscounterfeit.
240. Whoever, having any counterfeit coin which at the time when hebecame possessed of it, he knew to be counterfeit, fraudulently, or with intentthat fraud may be committed, delivers the same to any person, or attempts toinduce any person to receive it, shall be punished with imprisonment for a termwhich may extend to 10 years, and shall also be liable to fine.
[S 12/97]
Delivery of coin as genuine, which, when first possessed,the deliverer did not know to be counterfeit.
241. Whoever delivers to any other person as genuine, or attempts toinduce any other person to receive as genuine, any counterfeit coin which heknows to be counterfeit, but which he did not know to be counterfeit at the timewhen he took it into his possession, shall be punished withimprisonment for a term which may extend to 2 years, or with fine to an amountwhich may extend to 10 times the value of the coin counterfeited, or withboth.
[S 12/97]
Illustration
A , a coiner, delivers counterfeit dollars to his accomplice B ,for the purpose of uttering them. B sells the dollars to C ,another utterer, who buys them knowing them to be counterfeit. C paysaway the dollars for goods to D , who receives them, not knowing them tobe counterfeit, D , after receiving the dollars, discovers that they arecounterfeit and pays them away as if they were good. Here, D ispunishable only under this section, but B and C are punishableunder section 240.
242. (No section).
Possession of coin by person who knew it to be counterfeit when he becamepossessed thereof.
243. Whoever, fraudulently or with intent that fraud may be committed,is in possession of counterfeit coin, having known at the time when he becamepossessed of it that is was counterfeit, shall be punished with imprisonment fora term which may extend to 7 years, and shall also be liable to fine.
[S 12/97]
244. — 246. (No sections).
Fraudulently or dishonestly diminishing weight or altering composition ofcoin.
247. Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coinshall be punished with imprisonment for a term which may extend to 7 years, andshall also be liable to fine.
[S 12/97]
Explanation — A person who scoops out part of the coin, and putsanything into the cavity, alters the composition of that coin.
248. (No section).
Altering appearance of coin with intent that it shall pass as coin ofdifferent description.
249. Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.
[S 12/97]
250. (No section).
Delivery of coin possessed with knowledge that it is altered.
251. Whoever, having coin his possession with respect to whichthe offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offencehad been committed with respect to it, fraudulently or with intent that fraudmay be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
[S 12/97]
252. (No section).
Possession of coin by person who knew it to be altered when he becamepossessed thereof.
253. Whoever fraudulently, or with intent that fraud may be committed,is in possession of coin with respect to which the offence defined in either ofthe section 247 or 249 has been committed, having known at the time of becomingpossessed thereof that such offence had been committed with respect to suchcoin, shall be punished with imprisonment for a term which may extend to 5years, and shall also be liable to fine.
[S 12/97]
Delivery of coin as genuine, which when first possesseddeliverer did not know to be altered.
254. Whoever delivers to any person as genuine, or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 247 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know what such operation had been performed, shall be punished with imprisonment for a term which may extend to 2 years, or with fine to an amount which may extend to 10 times the value of the coin for which the altered coin is passed or attempted to be passed.
[S 12/97]
Counterfeiting Government stamp.
255. Whoever counterfeits, or knowingly performs any part of theprocess of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment for a term which mayextend to 10 years, and shall also be liable to fine.
[S 12/97]
Having possession of instrument or material for counterfeiting Government Stamp.
256. Whoever has in his possession any instrument or material for thepurpose of being used, or knowing or having reason to believe that it isintended to be used, for the purpose of counterfeiting any stamp issued byGovernment for the purpose of revenue, shall be punished withimprisonment for a term which may extend to 7 years, and shall also be liable tofine.
[S 12/97]
Making or selling instrument for counterfeiting Government stamp.
257. Whoever makes or performs any part of the process of making, orbuys, or sells, or disposes of, any instrument for the purpose of being used, orknowing or having reason to believe that it is intended to be used, for thepurpose of counterfeiting any stamp issued by Government for the purpose ofrevenue, shall be punished with imprisonment for a term which may extend to 7years, and shall also be liable to fine.
[S 12/97]
Sale of counterfeit Government stamp.
258. Whoever sells, or offers for sale, any stamp which he knows orhas reason to believe to be a counterfeit of any stamp issued by Government forthe purpose of revenue, shall be punished with imprisonment for a term which mayextend to 7 years, and shall also be liable to fine.
[S 12/97]
Having possession of counterfeit Government stamp.
259. Whoever has in his possession any stamp which he knows to be acounterfeit of any stamp issued by Government for the purpose of revenue,intending to use or dispose of the same as a genuine stamp, or in order that itmay be used as a genuine stamp, shall be punished with imprisonment for a termwhich may extend to 7 years, and shall also be liable to fine.
[S 12/97]
Using as genuine a Government stamp known to be counterfeit.
260. Whoever uses as genuine any stamp, knowing it to be a counterfeitof any stamp issued by Government for the purpose for which it is ordinarilyused, shall be punished with imprisonment for a term which may extend to 7 yearsand with fine.
[S 12/97]
Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intentto cause loss to Government.
261. Whoever fraudulently or with intent to cause loss to theGovernment, removes or effaces from any substance bearing any stamp issued by Government for the purpose of revenue, any writing or document forwhich such stamp has been used, or removes from any writing or document a stampwhich has been used for such writing or document, in order that such stamp maybe used for a different writing or document, shall be punished with imprisonmentfor a term which may extend to 3 years, or with fine, or with both.
[S 12/97]
Using Government stamp known to have been before used.
262. Whoever fraudulently or with intent to cause loss to theGovernment, uses for any purpose a stamp issued by Government for the purpose ofrevenue, which he knows to have been before used, shall be punished withimprisonment for a term which may extend to 2 years, or with fine, or withboth.
[S 12/97]
Erasure of mark denoting that stamp has been used.
263. Whoever fraudulently or with intent to cause loss to Government,erases or removes from a stamp issued by Government for the purpose of revenue,any mark put or impressed upon such stamp for the purpose of denoting that thesame has been used, or knowingly has in his possession, or sells or disposes of,any such stamp from which such mark has been erased or removed, or sells ordisposes of any such stamp which he knows to have been used, shall be punishedwith imprisonment for a term which may extend to 3 years, or with fine, or withboth.
[S 12/97]
Prohibition of fictitious stamps.
263A. (1) Whoever —
(a) makes, knowingly utters, deals in, or sells any fictitiousstamps, or knowingly uses for any postal purposes any fictitious stamp;or
(b) has in his possession, without lawful excuse, any fictitiousstamp; or
(c) makes, or, without lawful excuse, has in his possession any die,plate, instrument, or materials for making any fictitious stamp,
shall be punished with fine which may extend to $5,000.
[S 12/97]
(2) Any such stamp, die, plate, instrument, or materials in thepossession of any person for making any fictitious stamp may be seized, andshall be forfeited.
(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rateof postage, or any facsimile or imitation or representation, whether on paper orotherwise, of any stamp issued by Government for that purpose.
Selling articles bearing designs resembling currency.
263B. Whoever without lawful authority or excuse sells or offers or exposes for sale any article which bears a design resembling any currency or bank- note or coin current use in Brunei Darussalam or elsewhere shall be punished with imprisonment for a term which may extend to 6 months, or with a fine of $4,000, or with both.
[S 12/97]
Chapter XIII
Offences Relating to Weights and Measures
Fraudulent use of false instrument for weighing.
264. Whoever fraudulently uses any instrument for weighing, which heknows to be false, shall be punished with imprisonment for a term which mayextend to 3 years, or with fine, or with both.
[S 12/97]
Fraudulent use of false weights or measures.
265. Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measureof length or capacity as a different weight or measure from what it is, shall bepunished with imprisonment for a term which may extend to 3 years, or with fine,or with both.
[S 12/97]
Being in possession of false weight or measure.
266. Whoever is in possession of any instrument for weighing, or ofany weight, or of any measure of length or capacity, which he knows to be false,and intending that the same may be fraudulently used, and shall be punished withimprisonment for a term which may extend to 3 years, or with fine, or withboth.
[S 12/97]
Making or selling false weights or measures.
267. Whoever makes, sells, or disposes of any instrument for weighing,or any weight, or any measure of length or capacity which he knows to be false,in order that the same may be used as true, or knowing that the same is likelyto be used as true, shall be punished with imprisonment for a term which mayextend to 3 years, or with fine, or with both.
[S 12/97]
Chapter XIV
Offences affecting the Public Health, Safety, Convenience,
Decency and Morals
Public nuisance.
268. A person is guilty of a public nuisance who does any act, or isguilty of an illegal omission which causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupyproperty in the vicinity, or which must necessarily cause injury, obstruction,danger or annoyance to persons who may have occasion to use any publicright.
Explanation — A common nuisance is not excused on the groundthat is causes some convenience or advantage.
Negligent act likely to spread infection of disease dangerous tolife.
269. Whoever unlawfully or negligently does any act which is, andwhich he knows or has reason to believe to be, likely to spread the infection ofany disease dangerous to life, shall be punished with imprisonment for a termwhich may extend to 5 years and with fine.
[S 12/97]
Malignant act likely to spread infection of disease dangerous tolife.
270. Whoever malignantly does any act which is, and which he knows orhas reason to believe to be, likely to spread the infection of any diseasedangerous to life, shall be punished with imprisonment for a term which mayextend to 7 years and with fine.
[S 12/97]
Disobedience to quarantine rule.
271. Whoever knowingly disobeys any rule made and promulgated by theGovernment, for putting any vessel into a state of quarantine, or forregulating the intercourse of vessels, in a state of quarantine with the shore,or with other vessels, or for regulating the intercourse between places where aninfectious disease prevails and other places, shall be punished withimprisonment for a term which may extend to one year and with fine.
[S 12/97]
Adulteration of food or drink for sale.
272. Whoever adulterates any article of food or drink so as to makesuch article noxious as food or drink, intending to sell such article as food ordrink, or knowing it to be likely that the same will be sold as food or drink,shall be punished with imprisonment for a term which may extend to 2 years andwith fine.
[S 12/97]
Sale of noxious food or drink.
273. Whoever sells, or offers or exposes for sale as food or drink,any article which has been rendered or has become noxious, or is in a stateunfit for food or drink, knowing or having reason to believe that the same isnoxious as food or drink, shall be punished with imprisonment for a term whichmay extend to 2 years and with fine.
[S 12/97]
Adulteration of drugs.
274. Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug ormedical preparation, or to make it noxious, intending that it shall be sold orused for, or knowing it to be likely that it will be sold or used for, anymedicinal purpose, as if it had not undergone such adulteration, shall bepunished with imprisonment for a term which may extend to 2 years and withfine.
[S 12/97]
Sale of adulterated drugs.
275. Whoever, knowing any drug or medical preparation to have beenadulterated in such a manner as to lessen its efficacy, to change its operation,or to render it noxious, sells the same, or offers or exposes it for sale, orissues it from any dispensary for medicinal purposes as unadulterated, or causesit to be used for medicinal purposes by any person not knowing of theadulteration, shall be punished with imprisonment for a term which may extend to2 years and with fine.
[S 12/97]
Sale of drug as a different drug or preparation.
276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation as a different drug or medical preparation, shall be punished with imprisonment for a term which may extend to 2 years, or with fine which may extend to $4,000, or with both.
[S 12/97]
Use of forceps, except by medical practitioner, prohibited.
276A. Any person, other than a registered medical practitioner, whouses or attempts to use forceps when assisting in the delivery of a child shallbe guilty of an offence and punished with imprisonment not exceeding 2 years orwith fine not exceeding $8,000, or with both.
Fouling water of public spring or reservoir.
277. Whoever voluntarily corrupts or fouls the water of any publicspring or reservoir, so as to render it less fit for the purpose for which it isordinarily used, shall be punished with imprisonment for a term which may extendto one year and with fine.
[S 12/97]
Offences caused by fire. [S 5/98]
277A. (1) Notwithstanding any other written law, any person who in anyopen place and during a prescribed period wilfully or negligently starts orkeeps any fire or does any act in relation to any fire and, subjectto subsection (3), any registered owner and any occupier of any open place inwhich during a prescribed period any person wilfully or negligently starts orkeeps any fire or does any act in relation to any fire, is guilty of an offenceand shall be liable on conviction to a fine not exceeding $100,000.
(2) Notwithstanding any other written law, any person who in any place andduring a prescribed period wilfully or negligently starts or keeps any fire ordoes any act in relation to any fire and, subject to subsection (3), anyregistered owner and any occupier of any place in which during a prescribedperiod any person wilfully or negligently starts or keeps any fire or does anyact in relation to any fire, in such a manner —
(a) as to endanger to be likely to endanger human life to cause thedestruction of or damage to any property, or to cause any injury, annoyance orobstruction to; or
(b) as to vitiate the atmosphere so as to make it noxious to thehealth of the public or any section of the public or any persons who may haveaccess to use any public right,
is guilty of an offence and shall be liable on conviction to a fine, imprisonment not exceeding 5 years or both.
(3) Any such registered owner or occupier is not guilty of an offence undersubsection (1) or (2) if he proves to the satisfaction of the court that—
(a) it was committed without his knowledge, consent orconnivance and was not attributable to any act or default on his part; or
(b) he attempted to prevent the commission of the offence.
(4) In this section —
“Minister” means the Minister designated by His Majesty theSultan and Yang Di-Pertuan as the Minister responsible forenvironment;
“occupier” means the person in occupation of the open place orplaces, or having the charge, management or control thereof either onhis own account or as agent of another person, and includes a tenant orlodger;
“prescribed period” means any period beginning with such date asmay be declared by the Minister by order published in the Gazette to bethe commencement, and ending with such date as may be so declared to be thetermination, of the prescribed period for the purpose of this section.
[S 7/98; S 21/98]
Making atmosphere noxious to health.
278. Whoever voluntarily vitiates the atmosphere in any place so as tomake it noxious to the health of persons in general dwelling or carrying onbusiness in the neighbourhood or passing along a public way, shall bepunished with fine which may extend to $100,000.
[S 12/97; S 4/98; S 5/98]
Rash driving or riding on a public way.
279. Whoever drives any vehicle, or rides, on any public way, in amanner so rash or negligent as to endanger human life, or to be likely to causehurt or injury to any other person, shall be punished with imprisonment for aterm which may extend to 3 years and with fine.
[S 12/97]
Rash navigation of vessel.
280. Whoever navigates any vessel in a manner so rash or negligent asto endanger human life, or to be likely to cause hurt or injury to any person,shall be punished with imprisonment for a term which may extend to 5 years andwith fine which may extend to $10,000.
[S 12/97]
Exhibition of false light, mark, or buoy.
281. Whoever exhibits any false light, mark, or buoy intending orknowing it to be likely that such exhibition will mislead any navigator, shallbe punished with imprisonment for a term which may extend to 7 years, or withfine, or with both.
[S 12/97]
Conveying person by water for hire in unsafe or overloaded vessel.
282. Whoever knowingly or negligently conveys or causes to beconveyed, for hire, any person by water, in any vessel, when that vessel is insuch a state or so loaded as to endanger the life of that person, shall bepunished with imprisonment for a term which may extend to 5 years and withfine.
[S 12/97]
Danger or obstruction in public way or line of navigation.
283. Whoever, by doing any act, or omitting to take order with any property in his possession or under his charge, causes danger,obstruction or injury to any person in any public way or public line ofnavigation, shall be punished with fine.
[S 12/97]
Negligent conduct with respect to poisonous substance.
284. Whoever does, with any poisonous substance, any act in a mannerso rash or negligent as to endanger human life, or to be likely to cause hurt orinjury to any person, or knowingly or negligently omits to take such order withany poisonous substance in his possession as is sufficient to guard againstprobable danger to human life from such poisonous substance, shall bepunished with imprisonment for a term which may extend to 5 years and withfine.
[S 12/97]
Negligent conduct with respect to fire or combustible matter.
285. Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any person, or knowing or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both.
[S 12/97; S 4/98; S 5/98]
Negligent conduct with respect to explosive substance.
286. Whoever does, with any explosive substance, any act so rashly ornegligently as to endanger human life, or to be likely to cause hurt or injuryto any other person, or knowingly or negligently omits to take such order withany explosive substance in his possession as is sufficient to guard against anyprobable danger to human life from that substance, shall be punished withimprisonment for a term which may extend to 5 years and with fine.
[S 12/97]
Negligent conduct with respect to machinery.
287. Whoever does, with any machinery, any act so rashly ornegligently as to endanger human life, or to be likely to cause hurt or injuryto any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficientto guard against any probable danger to human life from such machinery, shall bepunished with imprisonment for a term which may extend to 5 years and withfine.
[S 12/97]
Negligent conduct with respect to pulling down or repairingbuilding.
288. Whoever, in pulling down or repairing any building, knowingly ornegligently omits to take such order with that building as is sufficient toguard against any probable danger to human life from the fall of that building, or any part of thereof, shall be punished with imprisonment for aterm which may extend to 5 years and with fine.
[S 12/97]
Negligent conduct with respect to animal.
289. Whoever knowingly or negligently omits to take such order withany animal in his possession as is sufficient to guard against any probabledanger to human life, or any probable danger of grievous hurt from such animal,shall be punished with imprisonment for a term which may extend to 5 years andwith fine.
[S 12/97]
Public nuisance.
290. Whoever commits a public nuisance in any case not otherwise punishable by this Code shall be punished with a fine.
[S 12/97]
Continuance of nuisance after injunction to discontinue.
291. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished withimprisonment for a term which may extend to 3 years and with fine.
[S 12/97]
Sale etc. of obscene articles.
292. (1) For the purposes of this section and section 293 an articleshall be deemed to be obscene if its effect or (where the article comprises 2 ormore distinct items) the effect of any one of its items is, if taken as a whole,such as to tend to deprave and corrupt persons who, having regard to allrelevant circumstances, are likely (or would have been likely but for the lawfulseizure of the article) to read, see or hear the matter contained or embodied init.
(2) In this section, “article” means any description of article containing or embodying matter to be read or looked at or both, anysound record, and any film, video cassette, photographic negative or otherrecord of a picture.
(3) Whoever —
(a) sells, lets to hire, distributes, publicly exhibits or in anymanner puts into circulation, or for purposes of sale, hire distribution, publicexhibition or circulation makes, produces or has in his possession anyobscene article; or
(b) imports, exports or conveys any obscene article for any of thepurposes aforesaid, or knowing or having reason to believe that such articlewill be sold, let to hire, distributed or publicly exhibited or in any mannerput into circulation; or
(c) takes part in or receives profits from any business in the courseof which he knows or has reason to believe that any such obscene articles are,for any of the purposes aforesaid, made produced, purchased, kept,imported, exported, conveyed, publicly exhibited or in any manner put intocirculation; or
(d) advertises or makes known by any means whatsoever that any personis engaged or is ready to engage in any act which is an offence under thissection or that any such obscene article can be produced from or through anyperson; or
(e) offers or attempts to do any act which is an offence under thissection,
shall be guilty of an offence and shall be punished with a fine of not less than $500 and not more than $5,000 and imprisonment which may extend to 2 years; and in the case of a second or subsequent conviction, a fine of not less than $1,000 and not more than $30,000 and imprisonment which may extend to 5 years.
[S 12/97]
Exception — This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple.
Sale etc. of obscene articles to person under the age of 20 years.
293. Whoever sells, lets to hire, distributes, exhibits or circulatesto any person under the age of 20 years any obscene articles, or offers orattempts so to do, shall be guilty of an offence: Penalty, a fine of not lessthan $1,000 and not more than $10,000 and imprisonment which may extend to 3years and in the case of a second or subsequent conviction, a fine of not lessthan $3,000 and not more than $50,000 and imprisonment which may extend to 5years.
[S 12/97]
Obscene acts and songs.
294. (1) Whoever, to the annoyance of others —
(a) does any obscene act in any public place; or
(b) sings, recites or utters any obscene song, ballad or words, in ornear any public place,
shall be guilty of an offence: Penalty, a fine of not less than $500 and notmore than $5,000 and imprisonment which may extend to 3 years, and in the caseof a second or subsequent conviction, a fine of not less than $1,000 and notmore than $30,000 and imprisonment which may extend to 5 years.
[S 12/97]
(2) The question whether any such act, song, ballad or words is obsceneshall be determined in accordance with section 292(1) as if any reference thereto an obscene article were, so far as circumstances permit, a reference to suchact, song, ballad or words, as the case may be.
Loitering or soliciting for purpose of prostitution etc. [S21/99]
294A. Whoever loiters or solicits in any place for the purpose of prostitution or for any other immoral purpose shall be guilty of an offence and shall be punished with a fine of not less than $500 and not more than $5,000 and imprisonment which may extend to one year, and in the case of a second or subsequent conviction, with a fine of not less than $1,000 and not more than $10,000 and imprisonment which may extend to 3 years.
Chapter XV
Offences relating to Religion
Injuring or defiling place of worship with intent to insult the religionof any class.
295. Whoever destroys, damages, or defiles any place of worship, orany object held sacred by any class of persons, with the intention of therebyinsulting the religion of any class of persons, or with knowledge that any classof person is likely to consider such destruction, damage or defilement as aninsult to their religion, shall be punished with imprisonment for a term whichmay extend to 5 years and with fine.
[S 12/97]
Disturbing religious assembly.
296. Whoever voluntarily causes disturbance to any assembly lawfullyengaged in the performance of religious worship or religious ceremonies shall bepunished with imprisonment for a term which may extend to 3 years and withfine.
[S 12/97]
Trespassing on burial places etc.
297. Whoever, with the intention of wounding the feelings of anyperson, or of insulting the religion of any person, or with the knowledge thatthe feelings of any person are likely to be wounded, or that the religion of anyperson is likely to be insulted thereby, commits any trespass in any place ofworship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead,or offers any indignity to any human corpse, or causes disturbance to anypersons assembled for the performance of funeral ceremonies, shall bepunished with imprisonment for a term which may extend to one year, and withfine.
[S 12/97]
Interference with grave or human remains.
297A. Whoever unlawfully opens any grave, or interferes in any manner with human remains, with intent to remove anything of value shall be punished with imprisonment for a term which may extend 7 years, or with fine, or with both.
[S 12/97]
Uttering words etc. with deliberate intent to wound religiousfeelings.
298. Whoever, with deliberate intention of wounding the religiousfeelings of any person, utters any word or makes any sound in the hearing ofthat person, or makes any gesture in the sight of that person, or places anyobject in the sight of that person, shall be punished with imprisonment for aterm which may extend to one year, or with fine, or with both.
[S 12/97]
Chapter XVI
Offences affecting the Human Body
Offences Affecting Life
Culpable homicide.
299. Whoever causes death by doing an act with the intention ofcausing death, or with the intention of causing such bodily injury as is likelyto cause death, or with the knowledge that he is likely by such act to causedeath, commits the offence of culpable homicide.
Illustrations
(a) A lays sticks and turf over a pit, with the intention of therebycausing death, or with knowledge that death is likely to be thereby caused. Z , believing the ground to be firm, treads on it, falls in, and iskilled: A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it. A , intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires,and kills Z : Here, B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A , by shooting at a fowl with intent to kill and steal it, kills B , who is behind a bush. A not knowing that he was there: Here,although A was doing an unlawful act, he was not guilty of culpablehomicide, as he did not intend to kill B , or to cause death by doing anact that he knew was likely to cause death.
Explanation 1 — A person who causes bodily injury to another, who is labouring under a disorder, disease, or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2 — Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment, the death might have been prevented.
Explanation 3 — The causing of the death of a child in themother’s womb is not homicide. But it may amount to culpable homicide tocause death of a living child if any part of that child has been brought forth,though the child may not have breathed or been completely born.
Murder.
300. Except in the cases hereinafter excepted, culpable homicide is murder —
(a) if the act by which the death is caused is done with the intentionof causing death; or
(b) if it is done with the intention of causing such bodily injury asthe offender knows to be likely to cause the death of the person to whom theharm is caused; or
(c) if it is done with the intention of causing such bodily injury to any person, and the bodily injury intended to be inflicted issufficient, in the ordinary course of nature, to cause death; or
(d) if the person committing the act knows that it is soimminently dangerous that it must, in all probability, cause death, or suchbodily injury as is likely to cause death, and commits such act without anyexcuse for incurring the risk of causing death or such injury as aforesaid.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence: A commits murder.
(b) A , knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow: A is guilty of murder although the blow might not have been sufficient, in the ordinary course of nature, to cause the death of a person in a sound state of health. But, if A , not knowing that Z is labouring under any disease, gives him such a blow as would not, in the ordinary course of nature, kill a person in a sound state of health, here A , although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death or such bodily injury as, in the ordinary course of nature, would cause death.
(c) A intentionally gives Z a sword-cut or club-woundsufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence: Here, A is guilty of murder, although hemay not have intended to cause Z’s death.
(d) A , without any excuse, fires a loaded cannon into a crowd ofpersons and kills one of them: A is guilty of murder, although he maynot have had a premeditated design to kill any particular individual.
When culpable homicide is not murder.
Exception 1 — Culpable homicide is not murder if the offender,whilst deprived of the power of self-control by grave and sudden provocation,causes the death of the person who gave the provocation, or causes the death ofany other person by mistake or accident. The above exception is subject to thefollowing provisos —
Firstly — That the provocation is not sought or voluntarilyprovoked by the offender as an excuse for killing or doing harm to anyperson.
Secondly — That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawfulexercise of the powers of such public servant.
Thirdly — That the provocation is not given by anything done inthe lawful exercise of the right of private defence.
Explanation — Whether the provocation was grave and suddenenough to prevent the offence from amounting to murder is a question offact.
Illustrations
(a) A , under the influence of passion excited by a provocation givenby Z , intentionally kills Y , Z’s child. This ismurder, inasmuch as the provocation was not given by the child, and the death ofthe child was not caused by accident or misfortune in doing an act caused by theprovocation.
(b) Y gives grave and sudden provocation to A. A , on thisprovocation, fires a pistol at Y , neither intending nor knowing himselfto be likely to kill Z , who is near him, but out of sight. A kills Z : Here, A has not committed murder, but merely culpablehomicide.
(c) A is lawfully arrested by Z , a bailiff. A isexcited to sudden and violent passion by the arrest, and kills Z. This ismurder, inasmuch as the provocation was given by a thing done by a publicservant in the exercise of his powers.
(d) A appears as witness before Z , a Magistrate. Z saysthat he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words,and kills Z. This is murder.
(e) A attempts to pull Z’s nose. Z , in the exercise of the right of private defence, lays hold of A to preventhim from doing so. A is moved to sudden and violent passion inconsequence and kills Z. This is murder inasmuch as the provocation wasgiven by a thing done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violentrage. A , a bystander, intending to take advantage of B’s rage, and to cause him to kill Z , puts a knife into B’s hand for that purpose. B kills Z with the knife. Here, B may have committed only culpable homicide, but A is guilty ofmurder.
Exception 2 — Culpable homicide is not murder if the offender,in the exercise in good faith of the right of private defence of person orproperty, exceeds the power given to him by law, and causes the death of theperson against whom he is exercising such right of defence withoutpremeditation, and without any intention of doing more harm than is necessaryfor the purpose of such defence.
Ilustration
Z attempts to horsewhip A , not in such a manner as to causegrievous hurt to A. A draws out a pistol. Z persists in theassault. A , believing in good faith that he can by no other meansprevent himself from being horsewhipped, shoots Z dead: A has notcommitted murder, but only culpable homicide.
Exception 3 — Culpable homicide is not murder if the offender,being a public servant, or aiding a public servant, acting for the advancementof public justice, exceeds the powers given to him by law, and causes death bydoing an act which he, in good faith, believes to be lawful and necessary forthe due discharge of his duty as such public servant, and without ill-willtowards the person whose death is caused.
Exception 4 — Culpable homicide is not murder if it is committedwithout premeditation in a sudden fight in the heat of passion upon a suddenquarrel and without the offender’s having taken undue advantage or actedin a cruel or unusual manner.
Explanation — It is immaterial in such cases which party offersthe provocation or commits the first assault.
Exception 5 — Culpable homicide is not murder when the personwhose death is caused, being above the age of 18 years, suffers death or takesthe risk of death with his own consent.
Illustration
A , by instigation, voluntarily causes Z , a person under 18years of age, to commit suicide. Here, on account of Z’s youth, hewas incapable of giving consent to his own death: A has therefore abettedmurder.
Culpable homicide by causing death of person other than person whose deathwas intended.
301. If a person by doing anything which he intends or knows to belikely to cause death, commits culpable homicide by causing the death of anyperson whose death he neither intends nor knows himself to be likely to cause,the culpable homicide committed by the offender is of the description of whichit would have been if he had caused the death of the person whose death heintended or knew himself to be likely to cause.
Punishment for murder.
302. Whoever commits murder shall be punished with death.
[S 12/97]
Persons suffering from diminished responsibility. [S12/97]
303. (1) Where a person kills or is party to the killing of another,he shall not be convicted of murder if he was suffering from such abnormality ofmind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) assubstantially impaired his mental responsibility for his acts or omissions indoing or being a party to the killing.
(2) On a charge of culpable homicide amounting to murder, it shall be forthe defence to prove that the person charge is by virtue of this section notliable to be convicted of murder.
(3) A person who, but for this section, would be liable, whether as principal or as abettor, to convicted of culpable homicide amounting to murder, shall be liable instead to be convicted of culpable homicide not amounting to murder under section 304(1).
(4) The fact that one party to the killing is by virtue of this section notliable to be convicted of murder shall not affect the question whether thekilling was culpable homicide amount to murder in the case of any other party toit.
Punishment for culpable homicide not amounting to murder. [S12/97]
304. (1) Whoever commits culpable homicide not amounting to murdershall be punished with imprisonment for a term which may extend toimprisonment for life, if the act by which the death is caused is done—
(a) with the intention of causing death; or
(b) with the intention of causing such bodily injury as is likely tocause death.
(2) Whoever commits culpable homicide not amounting to murder shall bepunished with imprisonment for a term which may extend to 15 years, or withfine, or with both, if the act by which the death is caused is done —
(a) with the knowledge that it is likely to cause death; and
(b) without the intention of causing death; and
(c) without the intention of causing such bodily injury as is likelyto cause death.
Causing death by rash or negligent driving of motor vehicle or rash ornegligent use of firearms or explosives. Causing death by rash ornegligent act.
304A. Whoever causes the death of any person by the rash or negligentdriving of a motor vehicle or the rash or negligent use of firearms or explosives not amounting in either case to culpable homicide shall be punished with imprisonment for a term which may extend to 10 years and withfine.
[S 12/97]
(2) Whoever causes the death of any person by doing any rash or negligent act not amounting either to culpable homicide or to an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years and with fine.
[S 12/97]
(3) For the purposes of this section “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and “firearms” means a lethal barrelled weapon of any description.
Abetment of suicide of child or insane person.
305. If any person under 18 years of age, any insane person, anydelirious person, any idiot, or any person in a state of intoxication commitssuicide, whoever abets the commission of such suicide shall be punished withdeath or imprisonment for life.
Abetment of suicide.
306. If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
[S 12/97]
Attempt to murder.
307. (1) Whoever does any act with such intention or knowledge, andunder such circumstances, that if he by that act caused death he would be guiltyof murder, shall be punished with imprisonment for a term which may extend to 20years, and shall also be liable to fine, and, if hurt is caused to any person bysuch act, the offender shall be liable to imprisonment for life.
[S 12/97]
Illustrations
(a) A shoots at Z with intention to kill him, under suchcircumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section.
(b) A with the intention of causing the death of a child of tenderyears exposes it in a desert place. A has committed the offence definedby this section, though the death of the child does not ensue.
(c) A , intending to murder Z , buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing hewounds Z , he is liable to the punishment provided by the latter part ofthis section.
(d) A , intending to murder Z by poison, purchases poison andmixes the same with food which remains in A’s keeping: A has not committed the offence in this section. A places the food on Z’s table or delivers it to Z’s servant to place on Z’s table. A has committed the offence defined in thissection.
Other offences by convict.
(2) When any person offending under this section is under sentence ofimprisonment for 15 years he may, if hurt be caused, be punished with death.
Attempt to commit culpable homicide.
308. Whoever does any act with such intention or knowledge, and undersuch circumstances, that if he by that act caused death he would be guilty ofculpable homicide not amounting to murder, shall be punished withimprisonment for a term which may extend to 5 years and with fine; and, if hurt is caused to any person by such act, shall be punished withimprisonment for a term which may extend to 10 years and with fine.
[S 12/97]
Illustration
A , on grave and sudden provocation, fires a pistol at Z , undersuch circumstances that if he thereby caused death he would be guilty ofculpable homicide not amounting to murder. A has committed the offencedefined in this section.
Infanticide. [S 38/98]
308A. (1) Any woman who, by any wilful act or omission, causes thedeath of her child being a child under the age of 12 months, but if at the timeof such act or omission the balance of her mind was disturbed by reason of hernot having fully recovered from the effect of giving birth to the child or byreason of the effect of lactation consequent upon such birth, shallnotwithstanding that the circumstances were such that but for this section theoffence would have amounted to murder, be guilty of the offence ofinfanticide.
(2) Whoever commits the offence of infanticide shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
Attempt to commit suicide.
309. Whoever attempts to commit suicide and does any act towards thecommission of such offence, shall be punished with imprisonment for a term whichmay extend to one year, or with fine, or with both.
[S 12/97]
310. — 311. (No sections).
Causing of Miscarriage; Injuries to Unborn Children; Exposure ofInfants; and Concealment of Birth
Causing miscarriage.
312. Whoever voluntarily causes a woman with child to miscarry shall,if such miscarriage be not cause in good faith for the purpose of saving thelife of the woman, be punished with imprisonment for a term which may extend to3 years, or with fine, or with both; and, if the woman be quick with child,shall be punished with imprisonment for a term which may extend to 7 years, andshall also be liable to fine.
[S 12/97]
Explanation — A woman who causes herself to miscarry is withinthe meaning of this section.
Causing miscarriage without woman’s consent.
313. Whoever commits the offence defined in the last preceding sectionwithout the consent of the woman, whether the woman is quick with child or not,shall be punished with imprisonment for a term which may extend to 10 years, andshall also be liable to fine.
[S 12/97]
Death caused by act done with intent to cause miscarriage.
314. Whoever, with intent to cause the miscarriage of a woman withchild, does any act which causes the death of such woman, shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine; and if the act is done without the consent of the woman, shall beliable to imprisonment for 15 years.
[S 12/97]
Explanation — It is not essential to this offence that theoffender should know that the act is likely to cause death.
Act done with intent to prevent child being born alive or to cause it todie after birth.
315. Whoever before the birth of any child does any act with theintention of thereby preventing that child from being born alive or causing itto die after its birth, and does by such act prevent that child from being bornalive, or causes it to die after its birth, shall, if such act be not caused ingood faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to 10 years, or withfine, or with both.
[S 12/97]
Causing death of quick unborn child by the act amountingto culpable homicide.
316. Whoever does any act under such circumstances that if he therebycaused death he would be guilty of culpable homicide, and does by such act causethe death of a quick unborn child, shall be punished with imprisonment for aterm which may extend to 10 years, and shall also be liable to fine.
[S 12/97]
Illustration
A , knowing that he is likely to cause the death of a pregnant woman,does an act which, if it caused the death of the woman, would amount to culpablehomicide. The woman is injured, but does not die; but the death of an unbornquick child with which she is pregnant is thereby caused. A is guilty ofthe offence defined in this section.
Exposure and abandonment of child under 12 years by parent or personhaving care of it.
317. Whoever being the father or mother of a child under the age of 12years, or having the care of such child, exposes or leaves such child in anyplace with the intention of wholly abandoning such child, shall be punished withimprisonment for a term which may extend to 7 years, or with fine, or withboth.
[S 12/97]
Explanation — This section is not intended to prevent the trialof the offender for murder or culpable homicide as the case may be, if the childdie in consequence of the exposure.
Concealment of birth by secret disposal of dead body.
318. Whoever by secretly burying or otherwise disposing of the deadbody of a child, whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of suchchild, shall be punished for a term which may extend to 2 years, or with fine,or with both.
[S 12/97]
Hurt
Hurt.
319. Whoever causes bodily pain, disease, or infirmity to any personis said to cause hurt.
Grievous hurt.
320. The following kinds of hurt only are designated as“grievous” —
(a) emasculation;
(b) permanent privation of the sight of either eye;
(c) permanent privation of the hearing of either ear;
(d) privation of any member or joint;
(e) destruction or permanent impairing of the powers of any member orjoint;
(f) permanent disfiguration of the head or face;
(g) fracture or dislocation of a bone or tooth;
(h) any hurt which endangers life, or which causes the sufferer to beduring the space of 20 days in severe bodily pain, or unable to follow hisordinary pursuits.
Voluntarily causing hurt.
321. Whoever does any act with the intention of thereby causing hurtto any person, or with the knowledge that he is likely thereby to cause hurt toany person, and does thereby cause hurt to any person, is said“voluntarily to cause hurt”.
Voluntarily causing grievous hurt.
322. Whoever voluntarily causes hurt, if the hurt which he intends to cause, or knows himself to be likely to cause, is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”. Explanation — A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if, intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
Illustration
A , intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanentlydisfigure Z’s face, but which causes Z to suffer severebodily pain for the space of 20 days: A has voluntarily caused grievoushurt.
Punishment for voluntarily causing hurt.
323. Whoever, except in the case provided for by section 334,voluntarily causes hurt shall be punished with imprisonment for a term which mayextend to 3 years and with fine.
[S 12/97]
Voluntarily causing hurt by dangerous weapons or means.
324. Whoever, except in the case provided for by section 334,voluntarily causes hurt by means of any instrument for shooting, stabbing orcutting, or any instrument which, used as a weapon of offence, is likely tocause death, or by means of fire or any heated substance, or by means of anypoison or any corrosive substance, or by means of any explosive substance, or bymeans of any substance which it is deleterious to the human body to inhale, toswallow, or to receive into the blood, or by means of any animal, shall be
punished with imprisonment for a term which may extend to 7 years and withwhipping.
[S 26/88; S 12/97]
Punishment for voluntarily causing grievous hurt.
325. Whoever, except in the case provided for by section 335,voluntarily causes grievous hurt, shall be punished with imprisonment for a termwhich may extend to 10 years and with whipping.
[S 26/88; S 12/97]
Voluntarily causing grievous hurt by dangerous weapons or means.
326. Whoever, except in the case provided for by section 335,voluntarily causes grievous hurt by means of any instrument for shooting,stabbing or cutting, or any instrument which, used as a weapon of offence, islikely to cause death, or by means of fire or any heated substance, or by meansof any poison or any corrosive substance, or by means of any explosivesubstance, or by means of any substance which it is deleterious to the humanbody to inhale, to swallow, or to receive into the blood, or by means of anyanimal, shall be punished with imprisonment for a term which may extend to 15years and with whipping.
[S 26/88; S 12/97]
Voluntarily causing hurt to extort property, or to constrain to an illegal act.
327. Whoever voluntarily causes hurt for the purpose of extorting fromthe sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any personinterested in such sufferer to do anything which is illegal, or which mayfacilitate the commission of an offence, shall be punished with imprisonment fora term which may extend to 10 years and with whipping.
[S 26/88; S 12/97]
Causing hurt by means of poison etc. with intent to commit anoffence.
328. Whoever administers to or causes to be taken by any person anypoison or any stupefying, intoxicating, or unwholesome drug, or other thing,with intent to cause hurt to such person, or with intent to commit or tofacilitate the commission of an offence, or knowing it to be likely that hewill
thereby cause hurt, shall be punished with imprisonment for a term which mayextend to 10 years and with whipping.
[S 26/88; S 12/97]
Voluntarily causing grievous hurt to extort property or to constrain to an illegal act.
329. Whoever voluntarily causes grievous hurt for the purpose ofextorting from the sufferer, or from any person interested in the sufferer, anyproperty or valuable security, or of constraining the sufferer or any personinterested in such sufferer to do anything that is illegal, or which mayfacilitate the commission of an offence, shall be punished with imprisonment fora term which may extend to 15 years and with whipping.
[S 26/88; S 12/97]
Voluntarily causing hurt to extort confession, or to compel restoration of property.
330. Whoever voluntarily causes hurt for the purpose of extorting fromthe sufferer, or from any person interested in the sufferer, any confession orany information which may lead to the detection of an offence or misconduct, orfor the purpose of constraining the sufferer or any person interested in thesufferer to restore, or to cause the restoration of, any property or valuablesecurity, or to satisfy any claim or demand, or to give information which maylead to the restoration of any property or valuable security, shall be punishedwith imprisonment for a term which may extend to 7 years and withwhipping.
[S 26/88; S 12/97]
Illustrations
(a) A , a police officer, tortures Z in order to induce Z to confess that he committed a crime: A is guilty of anoffence under this section.
(b) A , a police officer, tortures B to induce him to pointout where certain stolen property is deposited: A is guilty of an offenceunder this section.
(c) A , a revenue officer, tortures Z in order to compel him topay certain arrears of revenue due from Z. A is guilty of an offenceunder this section.
Voluntarily causing grievous hurt to extort confession, or to compelrestoration of property.
331. Whoever voluntarily causes grievous hurt for the purpose ofextorting from the sufferer, or any person interested in the sufferer, anyconfession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer, or anyperson interested in the sufferer, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim ordemand or to give information which may lead to the restoration of any propertyor valuable security, shall be punished with imprisonment for a term which mayextend to 10 years and with whipping.
[S 26/88; S 12/97]
Voluntarily causing hurt to deter public servant from his duty.
332. Whoever voluntarily causes hurt to any person being a publicservant in the discharge of his duty as such public servant, or with intent toprevent or deter that person or any other public servant from discharging hisduty as such public servant, or in consequence of anything done or attempted tobe done by that person in the lawful discharge of his duty as for a term whichmay extend to 5 years and with whipping.
[S 26/88]
Voluntarily causing grievous hurt to deter public servant from hisduty.
333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, orwith intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence ofanything done or attempted to be done by that person in the lawful discharge ofhis duty as such public servant, shall be punished with imprisonment for a termwhich may extend to 10 years and with whipping.
[S 26/88; S 12/97]
Voluntarily causing hurt on provocation.
334. Whoever voluntarily causes hurt on grave and sudden provocation,if he neither intends nor knows himself to be likely to cause hurt to any personother than the person who gave the provocation, shall be punished withimprisonment for a term which may extend to 6 months and with fine.
[S 12/97]
Voluntarily causing grievous hurt on provocation.
335. Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely tocause grievous hurt to any person other than the person who gave theprovocation, shall be punished with imprisonment for a term which may extend to5 years and with fine.
[S 12/97]
Explanation — The last two sections are subject to the same provisos as Exception 1 , section 300.
Act endangering life or personal safety of others.
336. Whoever does any act so rashly or negligently as to en-danger human life or the personal safety of others shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $1,000, or with both.
[S 12/97]
Causing hurt by act endangering life or personal safety of others.
337. Whoever causes any hurt to any person by doing any acts or rashlyor negligently as to endanger human life or the personal safety of others, shallbe punished with imprisonment for a term which may extend to 2 years and withfine.
[S 12/97]
Causing grievous hurt by endangering life or personal safety ofothers.
338. Whoever causes any grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment for a term which may extend to 5 years and with fine.
[S 12/97]
Wrongful Restraint and Wrongful Confinement
Wrongful restraint.
339. Whoever voluntarily obstructs any person so as to prevent thatperson from proceeding in any direction in which that person has a right toproceed, is said “wrongfully to restrain” that person.
Exception — The obstruction of a private way over land or waterwhich a person in good faith believes himself to have a lawful right toobstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
Wrongful confinement.
340. Whoever wrongfully restrains any person in such a manner as toprevent that person from proceeding beyond certain circumscribing limits, issaid “wrongfully to confine” that person.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond thecircumscribing line of wall: A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave thebuilding: A wrongfully confines Z.
Punishment for wrongful restraint.
341. Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one year and with fine.
[S 12/97]
Punishment for wrongful confinement.
342. Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to 3 years and with fine.
[S 12/97]
Wrongful confinement for 3 or more days.
343. Whoever wrongfully confines any person for 3 days or more shallbe punished with imprisonment for a term which may extend to 5 years and withfine.
[S 12/97]
Wrongful confinement for 10 or more days.
344. Whoever wrongfully confines any person for 10 days or more shallbe punished with imprisonment for a term which may extend to 7 years and withwhipping with not less than 3 strokes.
[S 12/97]
Wrongful confinement of person for whose liberation writhas been issued.
345. Whoever keeps any person in wrongful confinement, knowing that awrit for the liberation of that person has been duly issued, shall be punishedwith imprisonment for a term which may extend to 5 years in addition to any termof imprisonment to which he may be liable under any other section of thisChapter.
[S 12/97]
Wrongful confinement in secret.
346. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known toany person interested in the person so confined, or to any public servant, orthat the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall bepunished with imprisonment for a term which may extend to 5 years in addition to any other punishment to which he may be liable for such wrongfullyconfinement.
[S 12/97]
Wrongful confinement to extort property or constraint to illegalact.
347. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to 10 years and with whipping with not less than 3 strokes.
[S 12/97]
Wrongful confinement to extort confession, or compelrestoration of property.
348. Whoever wrongfully confines any person for the purpose ofextorting from the person confined, or any person interested in the personconfined, any confession or any information which may lead to the detection ofan offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore orto cause the restoration of any property or valuable security, or to satisfy anyclaim or demand, or to give information which may lead to the restoration of anyproperty or valuable security, shall be punished with imprisonment for a termwhich may extend to 7 years and with whipping with not less than 3 strokes.
[S 12/97]
Criminal Force and Assault
Force.
349. A person is said to use force to another if he causes motion,change of motion, or cessation of motion to that other, or if he causes to anysubstance such motion or change of motion, or cessation of motion as brings thatsubstance into contact with any part of that other’s body, or withanything which that other is wearing or carrying, or with anything so situatedthat such contact affects that other’s sense of feeling:
Provided that the person causing the motion, or change of motion, orcessation of motion, causes that motion, change of motion, or cessation ofmotion, in one of the 3 ways hereinafter described namely —
(a) by his own bodily power;
(b) by disposing any substance in such a manner that the motion orchange or cessation of motion takes place without any further act on his part,or on the part of any other person;
(c) by inducing any animal to move, to change its motion, or to ceaseto move.
Criminal force.
350. Whoever intentionally uses force to any person, without thatperson’s consent, in order to the committing of any offence, or intending,by the use of such force, to cause, or knowing it to be likely that by the useof such force he will cause injury, fear, or annoyance to the person to whom theforce is used, is said to use criminal force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river. A unfastens themoorings, and thus intentionally causes the boat to drift down the stream. Here, A intentionally causes motion to Z , and he does this by disposingsubstances in such a manner that the motion is produced without any other act onany person’s part. A has therefore, intentionally used force to Z ; and if he has done so without Z’s consent, in order tothe committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear, or annoyance to Z , A has used criminal force to Z.
(b) Z is riding in a carriage. A lashes Z’s horses, and thereby causes them to quicken their pace. Here, A has causedchange of motion to Z by inducing the animals to change their motion. A has therefore, used force to Z : and if A has done thiswithout Z’s consent, intending or knowing it to be likely that hemay thereby injure, frighten or annoy Z , A has used criminal forceto Z.
(c) Z is riding in a rickshaw. A , intending to rob Z ,seizes the shaft and shops the rickshaw. Here, A has caused cessation ofmotion to Z , and he has done this by his own bodily power. A hastherefore, used force to Z ; and as A has acted thusintentionally, without Z’s consent, in order to the commission ofan offence, A has used criminal force to Z.
(d) A intentionally pushes against Z in the street. Here, A has by his own bodily power moved his own person so as to bring it intocontact with Z. He has therefore, intentionally used force to Z ; and if he has done so without Z’s consent intending or knowing it to be likely that he may thereby injure, frighten, or annoy Z , he has used criminal force to Z.
(e) A throws a stone, intending or knowing it to be likely that thestone will be thus brought into contact with Z , or with Z’s clothes, or with something carried by Z , or that it will strike water,and dash up the water against Z’s clothes or something carried by Z Here, if the throwing of the stone produce the effect of causing anysubstance to come into contact with Z , or Z’s clothes, A has used force to Z ; and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z , he has usedcriminal force to Z.
(f) A intentionally pulls up a woman’s veil. Here, A intentionally uses force to her; and if he does so without her consent,intending or knowing it to be likely that he may thereby injure, frighten orannoy Z , he has used criminal force to her.
(g) Z is bathing. A pours into the bath, water which he knowsto be boiling. Here, A intentionally by his own bodily power, causes suchmotion in the boiling water as brings that water into contact with Z , orwith other water so situated that such contact must affect Z’s sense of feeling: A has therefore, intentionally used force to Z ;and if he has done this without Z’s consent, intending or knowingit to be likely that he may thereby cause injury, fear, or annoyance to Z , A has used criminal force.
(h) A incites a dog to spring upon Z , without Z’s consent. Here, if A intends to injury, fear, or annoyance to Z ,he uses criminal force to Z.
Assault.
351. Whoever makes any gesture or any preparation, intending orknowing it to be likely that such gesture or preparation will cause any personpresent to apprehend that he who makes that gesture or preparation is about touse criminal force to that person, is said to commit an assault.
Explanation — Mere words do not amount to an assault. But thewords which a person uses may give to his gestures or preparations such ameaning as may make those gestures or preparations amount to an assault.
Illustrations
(a) A shakes his fist at Z , intending or knowing it to belikely that he may there cause Z to believe that A is about tostrike Z : A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog intending orknowing it to be likely that he may thereby cause Z to believe that he isabout to cause the dog to attack Z : A has committed an assaultupon Z.
(c) A takes up a stick, saying to Z , “I will give you abeating”. Here, though the words used by A could in no case amountto an assault, and though the mere gesture unaccompanied by any othercircumstances might not amount to an assault, the gesture explained by the wordsmay amount to an assault.
Punishment for assault or criminal force otherwise than in graveprovocation.
352. Whoever assaults or uses criminal force to any person otherwisethan on grave and sudden provocation given by that person shall be punished withimprisonment for a term which may extend to one year and with fine.
[S 12/97]
Explanation — Grave and sudden provocation will not mitigate the punishment of an offence under this section if the provocation issought or voluntarily provoked by the offender as an excuse for the offence; orif the provocation is given by anything done in obedience to the law, or by apublic servant in the lawful exercise of the powers of such public servant; orif the provocation is given by anything done in the lawful exercise of the rightof private defence. Whether the provocation was grave and sudden enough tomitigate the offence is a question of fact.
Assault or criminal force to deter public servant from discharge of hisduty.
353. Whoever assaults or uses criminal force to any person being apublic servant in the execution of his duty as such public servant, or withintent to prevent or deter that person from discharging his duty as such publicservant, or in consequence of anything done, or attempted to be done, by suchperson in the lawful discharge of his duty as such public servant, shall bepunished with imprisonment for a term which may extend to 5 years and withfine.
[S 12/97]
Assault or criminal force to person with intent to outragemodesty.
354. Whoever assaults or uses criminal force to any person, intendingthereby to outrage, or knowing it to be likely that he will thereby outrage themodesty of that person, shall be punished with imprisonment for a term which mayextend to 5 years and with whipping.
[S 26/88]
Assault or criminal force with intent to dishonourperson, otherwise than on grave provocation.
355. Whoever assaults or uses criminal force to any person, intendingthereby to dishonour that person, otherwise than on grave and suddenprovocation given by that person, shall be punished with imprisonment for a termwhich may extend to 5 years and with whipping.
[S 12/97]
Assault or criminal force in attempt to commit theft ofproperty carried by a person.
356. Whoever assaults or uses criminal force to any person, in attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term which may extend to 5 years and with whipping.
[S 12/97]
Assault or criminal force in attempt wrongfully to confine aperson.
357. Whoever assaults or uses criminal force to any person inattempting wrongfully to confine that person shall be punished with imprisonmentfor a term which may extend to 3 years and with whipping.
[S 12/97]
Assault or criminal force on grave provocation.
358. Whoever assaults or uses criminal force to any person on graveand sudden provocation given by that person shall be punished with imprisonment for a term which may extend to 6 months and with fine whichmay extend to $2,000.
[S 12/97]
Kidnapping, Abduction, Slavery, and Forced Labour
Kidnapping.
359. Kidnapping is of two kinds — kidnapping from BruneiDarussalam, and kidnapping from lawful guardianship.
Kidnapping from Brunei Darussalam.
360. Whoever conveys any person beyond the limits of Brunei Darussalam, without the consent of that person, or of some person legallyauthorised to consent on behalf of that person, is said to kidnap that personfrom Brunei Darussalam.
Kidnapping from lawful guardianship.
361. Whoever takes or entices any minor under 14 years of age if amale, or under 16 years of age if a female, or any person of unsound mind, outof the keeping of the lawful guardian of such minor or person of unsound mind,without the consent of such guardian, is said to kidnap such minor or personfrom lawful guardianship.
Explanation — The words “lawful guardian” in thissection include any person lawfully entrusted with the care or custody of suchminor or other person.
Exception — This section does not extend to the act of anyperson who in good faith believes himself to be the father of an illegitimatechild, or who in good faith believes himself to be entitled to the lawfulcustody of such child, unless such act is committed for an immoral or unlawfulpurpose.
Abduction.
362. Whoever by force complies, or by any deceitful means induces, anyperson to go from any place, is said to abduct that person.
Punishment for kidnapping.
363. Whoever kidnaps any person from Brunei Darussalam or from lawfulguardianship shall be punished with imprisonment for a term which may extend to10 years and shall also be liable to fine.
[S 12/97]
Kidnapping or abducting in order to murder.
364. Whoever kidnaps or abducts any person in order that such personmay be murdered, or may be so disposed of as to be put in danger of beingmurdered, shall be punished with death.
[S 12/97]
Illustrations
(a) A kidnaps Z from Brunei Darussalam intending or knowing itto be likely that Z may be sacrificed to an idol: A has committedthe offence defined in this section.
(b) A forcibly carries or entices B away from his home inorder that B may be murdered: A has committed the offence definedin this section.
Kidnapping or abducting with intent secretly and wrongfully to confineperson.
365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
[S 12/97]
Kidnapping or abducting woman to compel her marriage etc.
366. Whoever kidnaps or abducts any woman with intent that she may becompelled, or knowing it to be likely that she will be compelled, to marry anyperson against her will, or in order that she may be forced or seduced toillicit intercourse, or knowing it to be likely that she will be forced orseduced to illicit intercourse, shall be punished with imprisonment for a termwhich may extend to 30 years and with whipping with not less than 12strokes.
[S 12/97]
Procreation of minor girl.
366A. Whoever, by any means whatsoever, induces any minor girl underthe age of 18 years to go from any place or to do any act with intent that suchgirl may be, or knowing that it is likely that she will be, forced or seduced toillicit intercourse with another person shall be punishable with imprisonmentwhich may extend to 30 years and with whipping with not less than 12strokes.
[S 12/97]
Importation of girl from foreign country.
366B. Whoever imports into Brunei Darussalam from any country outsideBrunei Darussalam any girl under the age of 21 years with intent that she maybe, or knowing it to be likely that she will be, forced or seduced to illicitintercourse with another person shall be punishable with imprisonment for a termwhich may extend to 30 years and with whipping with not less than 12strokes.
[S 12/97]
Kidnapping or abducting in order to subject person togrievous hurt, slavery etc.
367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
[S 12/97]
Wrongfully concealing or keeping in confinementkidnapped or abducted person.
368. Whoever, knowing that any person has been kidnapped or has beenabducted, wrongfully conceals or confines such person, shall be punished in thesame manner as if he had kidnapped or abducted such person with the sameintention or knowledge or for the same purpose as that with or for which heconceals or detains such person in confinement.
Kidnapping or abducting child under 10 years with intent to steal from itsperson.
369. Whoever kidnaps or abducts any child under the age of 10 years,with the intention of taking dishonestly any movable property from the person ofsuch child, shall be punished with imprisonment for a term which may extend to30 years and with whipping not less than 12 strokes.
[S 12/97]
Buying or disposing of any person as a slave.
370. Whoever imports, exports, removes, buys, sells or disposes of anyperson as a slave, or accepts, receives, or detains against his will any personas a slave, shall be punished with imprisonment for a term which may extend to30 years and with whipping with not less than 12 strokes.
[S 12/97]
Habitual dealing in slaves.
371. Whoever habitually imports, exports, removes, buys, sells,traffics, or deals in slaves, shall be punished with imprisonment for aterm not exceeding 30 years and with whipping with not less than 12strokes.
[S 12/97]
Selling minor for purposes of prostitution etc.
372. Whoever sells, lets to hire, or otherwise disposes of any person under the age of 18 years with intent that such person shall at any age be employed or used the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for such purpose, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
[S 12/97]
Exception 1 — When a female under the age of 18 years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2 — For the purpose of this section “illicitintercourse” means sexual intercourse between persons not united bymarriage or by any union or tie which, though not amounting to a marriage, isrecognised by the personal law or custom of the community to which they belongor, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
Buying minor for purposes of prostitution.
373. Whoever buys, hires or otherwise obtains possession of any personunder the age of 18 years with intent that such person shall at any age beemployed or used for the purpose of prostitution or illicit intercourse with anyperson or for any unlawfully and immoral purpose, or knowing it to be likelythat such person will at any age be employed or used for any such purpose, shallbe punished with imprisonment for a term which may extend to 30 years and withwhpping with not less than 12 strokes.
[S 12/97]
Exception 1 — Any prostitute, or any person keeping or managing a brothel, who buys, hires, or otherwise obtains possession of a female under the age of 18 years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2 — “Illicit intercourse” has the same meaning as in section 372.
Importing for purposes of prostitution etc.
373A. Whoever, by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Brunei Darussalam any woman with intent that such woman may be employed or used for the purpose of prostitution; and whoever brings, or assists in bringing, into Brunei Darussalam any woman with intent that such woman may be sold or bought for the purpose of prostitution; and whoever sells or buys any woman for the purpose of prostitution, shall be punished with imprisonment for a term not exceeding 30 years and with whipping with not less than 12 strokes.
[S 12/97]
Unlawful compulsory labour.
374. Whoever unlawfully compels any person to labour against the willof that person shall be punished with imprisonment for a term which may extendto 3 years and with fine.
[S 12/97]
Rape, Unnatural Offences, Incest
Rape.
375. A man is said to commit “rape”, who, except in thecase hereinafter excepted, has sexual intercourse with a woman undercircumstances falling under any of the 5 following descriptions —
(a) against her will;
(b) without her consent;
(c) with her consent, when her consent has been obtained by puttingher in fear of death or of hurt;
(d) with her consent, when the man knows that he is not her husband,and that her consent is given because she believes that he is another man to whom she is, or believes herself to be, lawfully married;
(e) with or without her consent when she is under 14 years of age.
Explanation — Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception — Sexual intercourse by a man with his own wife, thewife not being under 13 years of age, is not rape.
Punishment for rape. [S 26/88]
376. (1) Subject to subsection (2), whoever commits rape shall be punished with imprisonment for a term which may extend to 30 years,and shall also be punished with whipping.
(2) Whoever, in order to commit or to facilitate the commission of anoffence of rape against any woman —
(a) voluntarily causes hurt to her or to any other person; or
(b) puts her in fear of death or hurt to herself or any otherperson,
and whoever commits rape by having sexual intercourse with a woman under 14 years of age without her consent, shall be punished with imprisonment for a term of not less than 8 years and not more than 30 years and shall also be punished with whipping with not less than 12 strokes.
Unnatural offences.
377. Whoever voluntarily has carnal intercourse against the order ofnature with any man, woman, or animal, shall be punished with imprisonment for aterm which may extend to 10 years, and shall also be liable to fine.
[S 12/97]
Explanation — Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in thissection.
Incest.
377A. (1) Whoever —
(a) being a male has sexual intercourse with a female who to hisknowledge is his grandmother, granddaughter, daughter, sister, half- sister, ormother; or
(b) being a female has sexual intercourse with a male who to herknowledge is her grandfather, grandson, son, brother, half-brother, orfather,
is said to commit incest and shall be punished with imprisonment for a termwhich may extend to 10 years and with fine.
[S 12/97]
Explanation — It is immaterial whether the relationship betweenthe persons charged is or is not traced through lawful wedlock.
(2) This section shall not apply to Malays and other races indigenous toBrunei Darussalam who by their own law or custom are punishable for havingsexual intercourse within prohibited degrees of relationship.
Chapter XVII
Offences Against Property
Theft
Theft.
378. Whoever, intending to take dishonestly any movable property outof the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
Explanation 1 — A thing so long as it is attached to the earth,not being movable property, is not the subject of theft; but it becomes capableof being the subject of theft as soon as it is severed from the earth.
Explanation 2 — A moving effected by the same act which effectsthe severance, may be a theft.
Explanation 3 — A person is said to cause a thing to move byremoving an obstacle which prevented it from moving, or by separating it fromany other thing, as well as by actually moving it.
Explanation 4 — A person, who by any means causes an animal tomove, is said to move that animal, and to move everything which, in consequenceof the motion so caused, is moved by that animal.
Explanation 5 — The consent mentioned in the definition may beexpress or implied, and may be given either by the person in possession, or byany person having for that purpose authority, either express or implied.
Illustrations
(a) A cuts down a tree on Z’s ground, with the intentionof dishonestly taking the tree out of Z’s possession, without Z’s consent: Here, as soon as A has severed the tree inorder to such taking, he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it: Here, if A’s intention bedishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives thebullock in a certain direction in order that he may dishonestly take thetreasure: As soon as the bullock begins to move, A has committed theft ofthe treasure.
(d) A , being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs awaywith the plate without Z’s consent: A has committedtheft.
(e) Z , going on a journey, entrusts his plate to A , the keeperof a warehouse, till Z shall return. A carries the plate to agold smith, and sells it: Here, the plate was not in Z’s possession. It could not therefore, be taken out of Z’s possession, and A has not committed theft, though he may have committedcriminal breach of trust.
(f) A finds a ring belonging to Z on a table in the housewhich Z occupies: Here, the ring is in Z’s possession,and, if A , dishonestly removes it. A commits theft.
(g) A finds a ring lying on the high road, not in the possession ofany person: A , by taking it commits no theft, though he may commitcriminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately forfear of search and detection, A hides the ring in a place where it ishighly improbable that it will ever be found by Z with the intention oftaking the ring from the hiding place, and selling it when the loss isforgotten: Here, A , at the time of first moving the ring, commitstheft.
(i) A delivers his watch to Z , a jeweller, to be regulated. Z carries it to his shop. A , not owing the jeweller any debt forwhich the jeweller might lawfully detain the watch as a security enters the shopopenly, takes his watch by force out of Z’s hand, and carries itaway: Here, A , though he may have committed criminal trespass andassault, has not committed theft, inasmuch as what he did was not donedishonestly.
(j) If A owes money to Z for repairing the watch, andif Z retains the watch lawfully as a security for the debt and A takes the watch out of Z’s possession with the intention ofdepriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly.
(k) Again, if A , having pawned his watch to Z , takes itout of Z’s possession without Z.’s consent, nothaving paid what he borrowed on the watch, he commits theft though the watch ishis own property inasmuch as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping ituntil it obtains money from Z as a reward for its restoration: Here, A takes dishonestly. A has therefore, committed theft.
(m) A , being on friendly terms with Z , goes into Z’s library in Z’s absence, and takes away a bookwithout Z’s express consent, for the purpose merely reading it andwith the intention of returning it: Here, it is probable that A hasconceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committedtheft.
(n) A asks charity from Z’s wife. She gives A’s money, food and clothes, which A knows belongs to Z her husband: Here, it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong to her husband Z , andto be such property as she has not authority from Z. to give. If A takes the property dishonestly, he commits theft.
(p) A , in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not take dishonestly, he does not committheft.
Punishment for theft.
379. Whoever commits theft shall be punished with imprisonment for aterm which may extend to 3 years, or with fine, or with both.
[S 12/97]
Theft in dwelling house etc.
380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for thecustody of property, shall be punished with imprisonment for a term which mayextend to 7 years and with fine.
[S 12/97]
Theft by clerk or servant of property in possession of master.
381. Whoever, being a clerk or servant, or being employed in thecapacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished withimprisonment for a term which may extend to 7 years, and shall also be liable tofine.
[S 12/97]
Theft after preparation made for causing death, hurt orrestraint, in order to the committing of the theft.
382. Whoever commits theft, having made preparation for causing death,or hurt, or restraint, or fear of death, or of hurt, or of restraint, to anyperson, in order to the committing of such theft, or in order to the effectingof his escape after the committing of such theft, or in order to the retainingof property taken by such theft, shall be punished with imprisonment for a termwhich may extend to 15 years and with whipping.
[S 12/97]
Illustrations
(a) A commits theft of property in Z’s possession; andwhile committing the theft he has a loaded pistol under his garment, havingprovided this pistol for the purpose of hurting Z in case Z shouldresist. A has committed the offence defined in this section.
(b) A picks Z’s pocket, having posted several of hiscompanions near him in order that they may restrain Z if Z should perceive what is passing, and should resist, or should attempt toapprehend A. A has committed the offence defined in this section.
Extortion
Exortion.
383. Whoever intentionally puts any person in fear of any injury to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed, which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give himmoney: A has committed extortion.
(b) A threatens Z that he will keep Z’s child inwrongful confinement unless Z will sign and deliver to A apromissory note binding Z to pay certain moneys to A. Z signs anddelivers the note: A has committed extortion.
(c) A threatens to send men to plough up Z’s fieldunless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B , and thereby induces Z to sign and deliver the bond: A has committed extortion.
(d) A , by putting Z in fear of grievous hurt dishonestlyinduces Z to sign or affix his seal to a blank paper, and deliver it to A. Z signs and delivers the paper to A : Here, as the paper so signed may be converted into a valuable security, A has committed extortion.
Punishment for extortion.
384. Whoever commits extortion shall be punished with imprisonment fora term of not less than 2 years and not more than 7 years and with whipping.
[S 26/88]
Putting person in fear of injury in order to commit extortion.
385. Whoever, in order to the committing of extortion, puts any personin fear, or attempts to put any person in fear of injury, shall be punished withimprisonment for a term of not less than 3 years and not more than 5 years andwith whipping.
[S 26/88]
Extortion by putting a person in fear of death or grievous hurt.
386. Whoever commits extortion by putting any person in fear of deathor of grievous hurt to that person or to any other, shall be punished withimprisonment for a term of not less than 5 years and not more than 15 years andwith whipping.
[S 26/88; S 12/97]
Putting person in fear of death or of grievous hurt, in order to commit extortion.
387. Whoever, in order to the committing of extortion, puts orattempts to put any person in fear of death or of grievous hurt to that personor to any other, shall be punished with imprisonment for a term of not less than3 years and not more than 15 years and with whipping.
[S 26/88]
Extortion by threat of accusation of an offencepunishable with death or imprisonment etc.
388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other of having committed,or attempted to commit, any offence punishable with death, or with imprisonment for a term which may be extended to 10 years, or of havingattempted to induce any other person to commit such offence, shall be punishedwith imprisonment for a term which may extend to 10 years and with whipping; andif the offence be one punishable under section 377 of this Code, theimprisonment may extend to 15 years.
[S 26/88]
Putting person in fear of accusation of offence, in order to commit extortion.
389. Whoever, in order to the committing of extortion, puts orattempts to put any person in fear of an accusation against that person or anyother person of having committed, or attempted to commit, an offence punishablewith death, or with imprisonment for a term which may extend to 10 years, shallbe punished with imprisonment for a term which may extend to 10 years and withwhipping; and if the offence be punishable under section 377 of this Code, theimprisonment may extend to 15 years.
[S 26/88]
Robbery and Gang-Robbery
Robbery.
390. (1) In all robbery there is either theft or extortion.
(2) Theft is “robbery” if, in order to the committing of thetheft, or in committing the theft, or in carrying away, or attempting to carryaway, property obtained by the theft, the offender, for that end, voluntarilycauses or attempts to cause to any person death or hurt or wrongful restraint,or fear of instant death, or of instant hurt, or of instant wrongfulrestraint.
(3) Extortion is “robbery,” if the offender, at the time ofcommitting the extortion, is in the presence of the person put in fear, andcommits the extortion by putting that person in fear of instant death, ofinstant hurt, or of instant wrongful restraint to that person, or to some otherperson, and, by so putting in fear, induces the person so put in fear then andthere to deliver up the thing extorted.
Explanation — The offender is said to be present if he issufficiently near to put the other person in fear of instant death, of instanthurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here, A has committed theft, and, in order to thecommitting of that theft, has voluntarily caused wrongful restraint to Z. A has therefore, committed robbery.
(b) A meets Z on the high road, shows a pistol and demands Z’s purse. Z , in consequence, surrenders his purse: Here, A has extorted the purse from Z by putting him in fear of instanthurt, and being, at the time of committing the extortion, in his presence, A has therefore, committed robbery.
(c) A meets Z and Z’s child on the high road, A takes the child, and threatens to fling it down a precipice unless Z delivers his purse. Z , in consequence, delivers his purse: Here, A has extorted the purse from Z by causing Z to be in fear ofinstant hurt to the child who is there present: A has therefore,committed robbery on Z.
(d) A obtains property from Z by saying “Your child isin the hands of my gang, and will be put to death unless you send us $10,000”. This is extortion, and punishable as such; but it is notrobbery unless Z is put in fear of the instant death of his child.
Gang-robbery.
391. When 2 or more persons conjointly commit or attempt to commit arobbery, or, where the whole number of persons conjointly committing, orattempting to commit, a robbery, and persons present and aiding suchcommission or attempt amount to 2 or more, every person so committing,attempting, or aiding is said to commit “gang-robbery”.
Punishment for robbery.
392. Whoever commits robbery shall be punished with imprisonment for aterm which may extend to 30 years, and shall also be punished withwhipping with not less than 12 strokes.
[S 26/88; S 12/97]
Attempt to commit robbery.
393. Whoever attempts to commit robbery shall be punished withimprisonment for a term which may extend to 30 years, and shall also be punishedwith whipping with not less than 12 strokes.
[S 26/88; S 12/97]
Voluntarily causing hurt in committing robbery.
394. If any person, in committing, or in attempting to commit robbery, voluntarily causes hurt, such person and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term which may extend to 30 years, and shall also be punished with whipping with not less than 12 strokes.
[S 26/88; S 12/97]
Punishment for gang-robbery.
395. Whoever commits gang-robbery shall be punished with imprisonmentfor a term which may extend to 30 years, and shall also be punished withwhipping with not less than 12 strokes.
[S 26/88; S 12/97]
Gang-robbery, with murder.
396. If any one of 2 or more persons, who are conjointly committinggang- robbery commits murder in so committing gang-robbery, every one of thosepersons shall be punished with death.
Robbery or gang-robbery, with attempt to cause death or grievoushurt.
397. If, at the time of committing or attempting to commit robbery organg-robbery, the offender uses any deadly weapon, or causes grievous hurt toany person, or attempts to cause death or grievous hurt to any person, theimprisonment with which such offender shall be punished shall not be less than 7years, and such offender shall also be punished with whipping with not less than12 strokes.
[S 26/88]
Robbery or gang-robbery, when armed with deadly weapon.
398. If, at the time of committing or attempting to commit robbery organg-robbery, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be lessthan 7 years, and such offender shall also be punished with whipping with notless than 12 strokes.
[S 26/88]
Making preparation to commit gang-robbery.
399. Whoever makes any preparation for committing gang-robbery, shallbe punished with imprisonment for a term which may extend to 10 years, and shallalso be punished with whipping with not less than 12 strokes.
[S 26/88; S 12/97]
Punishment for belonging to a gang of robbers.
400. Whoever belongs to a gang of persons associated for the purposeof habitually committing gang-robbery, shall be punished with imprisonment for aterm which may extend to 15 years, and shall also be punished with whipping withnot less than 6 strokes.
[S 26/88; S 12/97]
Punishment for belonging to gang of thieves.
401. Whoever belongs to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery,and not being a gang-robber, shall be punished with imprisonment for a termwhich may extend to 7 years, and shall also be punished with whipping with notless than 6 strokes.
[S 26/88; S 12/97]
Assembling for purpose of committing gang-robbery.
402. Whoever is one of 2 or more persons assembled for the purpose ofcommitting gang-robbery, shall be punished with imprisonment for a term whichmay extend to 7 years, and shall also be punished with whipping with not lessthan 6 strokes.
[S 26/88; S 12/97]
Criminal Misappropriation of Property
Dishonest misappropriation of property.
403. Whoever dishonestly misappropriates or converts to his own useany movable property shall be punished with imprisonment for a term which mayextend to 2 years, or with fine, or with both.
[S 12/97]
Illustrations
(a) A takes property belonging to Z out of Z’s possession, in good faith believing, at the time when he takes it, thatthe property belongs to himself: A is not guilty of theft; but if A , after discovering his mistake, dishonestly appropriates the propertyto his own use, he is guilty of an offence under this section.
(b) A , being on friendly terms with Z , goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent: Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture asto the person who has lost the cheque. But the name of the person who has drawnthe cheque appears. A knows that this person can direct him to the personin whose favour the cheque was drawn. A appropriates the cheque withoutattempting to discover the owner: He is guilty of an offence under thissection.
(d) A sees Z drop his purse with money in it. A picksup the purse with the intention of restoring it to Z , but afterwardsappropriates it to his own use: A has committed an offence under thissection.
(e) A finds a purse with money, not knowing to whom it belong; heafterwards discovers that it belongs to Z , and appropriates it to his ownuse: A is guilty of an offence under this section.
(f) A finds a valuable ring not knowing to whom it belongs. A sells it immediately without attempting to discover the owner: A is guilty of an offence under this section.
Dishonest misappropriation of property possessed by deceased person at thetime of his death.
404. Whoever dishonestly misappropriates or converts to his ownuse property, knowing that such property was in the possession of a deceasedperson at the time of that persons’s decease, and has not since been inthe possession of any person legally entitled to such possession, shallbe punished with imprisonment for a term which may extend to 3 years, and shallalso be liable to fine; and if the offender, at the time of such persons’sdecease, was employed by him as a clerk or servant, the imprisonment may extendto 7 years.
[S 12/97]
Illustration
Z dies in possession of furniture and money. His servant A ,before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it: A has committed theoffence defined in this section.
Criminal Breach of Trust
Criminal breach of trust.
405. Whoever, being in any manner entrusted with property, or with anydominion over property, dishonestly misappropriates or converts to his own usethat property, or dishonestly uses or disposes of that property in violation ofany direction of law prescribing the mode in which such trust is to bedischarged, or of any legal contact, express or implied, which he has madetouching the discharge of such trust, or wilfully suffers any other person so todo, commits “criminal breach of trust”.
Illustrations
(a) A , being executor to the will of a deceased person, dishonestlydisobeys the law which directs him to divide the effects according to the will,and appropriate them to his own use, A has committed criminal breach oftrust.
(b) A is a warehouse-keeper. Z , going on a journey, entrustshis furniture to A , under a contract that it shall be returned onpayment of a stipulated sum for warehouse- room. A dishonestly sells thegoods. A has committed criminal breach of trust.
(c) A , residing in Brunei Darussalam, is agent for Z , residingat Kuala Belait. There is an express or implied contract between A. and Z , that all sums remitted by Z to A shall be invested by A according to Z’s direction. Z remits $10,000 to A , with directions to invest the same in land. A dishonestlydisobeys the directions, and employs the money in his own business. A hascommitted criminal breach of trust.
(d) But if A , in the last illustration, not dishonestly, butin good faith, believing that it will be more for Z’s advantageto hold in a local company, disobeys Z’s directions, and buysshares in the local company for Z , instead of buying land, here, though Z should suffer loss, and should be entitled to bring a civil actionagainst A on account of that loss, yet A , not having acteddishonestly, has not committed criminal breach of trust.
(e) A , a Magistrate or a clerk in a Government Office, is entrustedwith public money, and is either directed by law, or bound by a contract,express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriatesthe money. A has committed criminal breach of trust.
(f) A , a carrier, is entrusted by Z with property to becarried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
Punishment for criminal breach of trust.
406. Whoever commits criminal breach of trust shall be punished withimprisonment for a term which may extend to 5 years and with fine.
[S 12/97]
Criminal breach of trust by carrier etc.
407. Whoever, being entrusted with property as a carrier, wharfinger,or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extendto 10 years, and shall also be liable to fine.
[S 12/97]
Criminal breach of trust by clerk or servant.
408. Whoever, being a clerk or servant, or employed as a clerk orservant and being in any manner entrusted in such capacity with property, orwith any dominion over property, commits criminal breach of trust in respect ofthat property, shall be punished with imprisonment for a term which may extendto 10 years, and shall also be liable to fine.
[S 12/97]
Criminal breach of trust by public servant or by banker,merchant or agent.
409. Whoever, being in any manner entrusted with property, or with anydominion over property, in his capacity of a public servant or in the way of hisbusiness as a banker, merchant, factor, broker, attorney or agent, commitscriminal breach of trust in respect of that property, shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
[S 12/97]
Receiving of Stolen Property
Stolen property.
410. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated, or in respect of which criminal breach of trust has been committed, is designated as “stolen property” whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without Brunei Darussalam. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Dishonestly receiving stolen property.
411. Whoever dishonestly receives or retains any stolen property,knowing or having reason to believe the same to be stolen property, shall bepunished with imprisonment for a term which may extend to 3 years, or with fine,or with both.
[S 12/97]
Dishonestly receiving property stolen in the commission of a gang- robbery.
412. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of gang-robbery, or dishonestlyreceives from a person whom he knows or has reason to believe to belong, or tohave belonged, to a gang of robbers, property which he knows or has reason tobelieve to have been stolen, shall be punished with imprisonment for a termwhich may extend to 15 years, and shall also be liable to fine.
[S 12/97]
Habitually dealing in stolen property.
413. Whoever habitually receives or deals in property which he knowsor has reason to believe to be stolen property shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
[S 12/97]
Assisting concealment of stolen property.
414. Whoever voluntarily assists in concealing or disposing of ormaking away with property which he knows or has reason to believe to be stolenproperty, shall be punished with imprisonment for a term which may extend to 5years and with fine.
[S 12/97]
Cheating
Cheating.
415. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to anyperson, or to consent that any person shall retain any property, orintentionally induces the person so deceived to do or omit to do anything whichhe would not do or omit if he were not so deceived, and which act or omissioncauses, or is likely to cause, damage or harm to that person in body, mind,reputation, or property, is said to “cheat”.
Explanation — A dishonest concealment of facts is a deceptionwithin the meaning of this section.
Illustrations
(a) A , by falsely pretending to be in the Civil Service, intentionallydeceives Z , and thus dishonestly induces Z to let him have oncredit goods for which he does not mean to pay. A cheats.
(b) A , by putting a counterfeit mark on an article, intentionallydeceives Z into a belief that this article was made by a certaincelebrated manufacturer, and thus dishonestly induces Z to buy and payfor the article. A cheats.
(c) A , by exhibiting to Z a false sample of an article,intentionally deceives Z into believing that the article corresponds withthe sample, and thereby dishonestly induces Z to buy and pay for thearticle. A cheats.
(d) A , by tendering in payment for an article a bill on a house withwhich A keeps no money, and by which A expects that the billwill be dishonoured, intentionally deceives Z , and thereby dishonestlyinduces Z to deliver the article, intending not to pay for it. A cheats.
(e) A , by pledging as diamonds articles which he knows are notdiamonds, intentionally deceives Z , and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestlyinduces Z to lend him money, A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which hedoes not intend to deliver, and thereby dishonestly induces Z to advancemoney upon the faith of such delivery. A cheats; but if A , at thetime of obtaining the money, intends to deliver the indigo plant, and afterwardsbreaks his contract and does not deliver it, he does not cheat, but is liableonly to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A hasperformed A’s part of a contract made with Z , which he hasnot performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A , knowing that inconsequence of such sale he has no right to the property, sells or mortgages thesame to Z , without disclosing the fact of the previous sale andconveyance to B , and receives the purchase or mortgage money from Z.A cheats.
Cheating by personation.
416. A person is said to “cheat by personation”, if hecheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any otherperson is a person other than he or such other person really is.
Explanation — The offence is committed whether the individual personated is a real or imaginary person.
Illustrations
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B , a person who is deceased. A cheats by personation.
Punishment for cheating.
417. Whoever cheats shall be punished with imprisonment for a term which may extend to 3 years and with fine.
[S 12/97]
Cheating with knowledge that wrongful loss may ensue toperson whose interest offender is bound to protect.
418. Whoever cheats with the knowledge that he is likely thereby tocause wrongful loss to a person whose interest in the transaction to which thecheating relates he was bound, either by law or by a legal contract, to protect,shall be punished with imprisonment for a term which may extend to 7 years andwith fine.
[S 12/97]
Punishment for cheating by personation.
419. Whoever cheats by personation shall be punished with imprisonmentfor a term which may extend to 7 years and with fine.
[S 12/97]
Cheating and dishonestly inducing delivery of property.
420. Whoever cheats and thereby dishonestly induces the persondeceived to deliver any property to any person, or to make, alter, or destroythe whole or any part of a valuable security, or anything which is signed orsealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term which may extend to 7years, and shall also be liable to fine.
[S 12/97]
Fraudulent Deeds and Dispositions of Property
Dishonest or fraudulent removal or concealment of property to preventdistribution among creditors.
421. Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[S 12/97]
Dishonest or fraudulently preventing debt being available forcreditors.
422. Whoever dishonestly or fraudulently prevents any debt or demanddue to himself or to any other person from being made available according to lawfor payment of his debts or the debts of such other person, shall be punishedwith imprisonment for a term which may extend to 5 years, or with fine, or withboth.
[S 12/97]
Dishonest or fraudulent execution of deed of transfer containing falsestatement of consideration.
423. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
[S 12/97]
Dishonest or fraudulent removal or concealment of property.
424. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulentlyassists in the concealment or removal thereof, or dishonestly releases anydemand or claim to which he is entitled, shall be punished with imprisonment fora term which may extend to 5 years, or with fine, or with both.
[S 12/97]
Mischief
Mischief.
425. Whoever, with intent to cause, or knowing that he is likely tocause, wrongful loss or damage to the public, or to any person, causes the destruction of any property, or any such change in any property, orin the situation thereof, as destroys or diminishes its value or utility, oraffects it injuriously, commits “mischief ”.
Explanation 1 — It is not essential to the offence of mischiefthat the offender should intend to cause loss or damage to the owner of theproperty injured or destroyed. It is sufficient if he intends to cause, or knowsthat he is likely to cause, wrongful loss or damage to any person by injuringany property, whether it belongs to that person or not.
Explanation 2 — Mischief may be committed by an act affectingproperty belonging to the person who commits the act, or to that person andothers jointly.
Illustrations
(a) A voluntarily burns a valuable security belonging to Z ,intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z , andthus causes the ice to melt, intending wrongful loss to Z. A hascommitted mischief.
(c) A voluntarily throws into a river a ring belonging to Z ,with the intention of thereby causing wrongful loss to Z. A has committedmischief.
(d) A , knowing that his effects are about to be taken in execution inorder to satisfy a debt from him to Z , destroys those effects, with theintention of thereby preventing Z from obtaining satisfaction of thedebt, and thus causing damage to Z. A has committed mischief.
(e) A , having insured a ship, voluntarily causes the same to be castaway, with the intention of causing damage to the under writers. A hascommitted mischief.
(f) A causes a ship to be cast away, intending thereby to cause damageto Z , who has lent money on bottomry on the ship. A has committedmischief.
(g) A , having joint property with Z in a horse, shoots thehorse, intending thereby to cause wrongful loss to Z. A has committedmischief.
(h) A causes cattle to enter upon a field belonging to Z ,intending to cause, and knowing that he is likely to cause, damage to Z’s crop. A has committed mischief.
Punishment for mischief.
426. Whoever commits mischief shall be punished with imprisonment fora term which may extend to 2 years and shall also be punished withwhipping.
[S 26/88; S 12/97]
Mischief causing damage to the amount of $25.
427. Whoever commits mischief, and thereby causes loss or damage tothe amount of $25 or upwards, shall be punished with imprisonment for a termwhich may extend 5 years and with whipping with not less than 2 strokes.
[S 26/88; S 12/97]
Mischief by killing or maiming animal of the value of $5.
428. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of $5 or upwards, shall be punished with imprisonment for a term which may extend to 5 years and with whipping with not less than 2 strokes.
[S 26/88; S 12/97]
Mischief by killing or maiming cattle etc. of any value or any animal to value of $25.
429. Whoever commits mischief by killing, poisoning, maiming orrendering useless any horse, mule, buffalo, bull, cow, or ox, whatever may bethe value thereof, or any other animal of the value of $25 or upwards, shall bepunished with imprisonment for a term which may extend to 5 years, and shallalso be punished with whipping with not less than 4 strokes.
[S 26/88; S 12/97]
Mischief by injury to works of irrigation or by wrongfully diverting water.
430. Whoever commits mischief by doing any act which causes, or whichhe knows to be likely to cause, a dimunition of the supply of water foragricultural purposes, or for food or drink for human beings, or for animalswhich are property, or for cleanliness, or for carrying on any manufacturer,shall be punished with imprisonment for a term which may extend to 5 years, andshall also be punished with whipping with not less than 4 strokes.
[S 26/88; S 12/97]
Mischief by injury to public road, bridge, river, channel.
431. Whoever commits mischief by doing any act which renders, or whichhe knows to be likely to render, any public road, bridge, navigable river, ornavigable channel, natural or artificial impassable or less safe for travellingor conveying property, shall be punished with imprisonment for a term which mayextend to 5 years, and shall also be punished with whipping with not less than 4strokes.
[S 26/88; S 12/97]
Mischief by causing inundation or obstruction to public drainage attended with damage.
432. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment for a term which may extend to 5 years, and shall also be punished with whipping with not less than 4 strokes.
[S 26/88; S 12/97]
Mischief by destroying, moving or rendering less useful a light-house or seamark.
433. Whoever commits mischief by destroying or moving any lighthouseor other light used as a sea-mark, or any sea-mark, or buoy or other thingplaced as a guide for navigators, or by any act which renders any suchlighthouse, sea-mark, buoy, or other such thing as aforesaid less useful as aguide for navigators, shall be punished with imprisonment for a term which mayextend to 7 years and with whipping with not less than 4 strokes.
[S 26/88; S 12/97]
Mischief by destroying or moving etc. a land-mark fixed by public authority.
434. Whoever commits mischief by destroying or moving any land-marksfixed by the authority of a public servant, or by any act which renders suchland-marks less useful as such, shall be punished with imprisonment for a termwhich may extend to 5 years, and with whipping with not less than 4 strokes.
[S 26/88; S 12/97]
Mischief by fire or explosive substance with intent to causedamage.
[S 11/98]
435. (1) Whoever commits mischief by fire or any explosivesubstance, intending to cause, or knowing it to be likely that he will therebycause, damage to any property shall be punished —
(a) if such act causes death to any person, with death;
(b) if such act is to a petroleum pipeline, gas pipeline, water supplypipeline, electrical supply installation or any prescribed property, withdeath; or
(c) in any other case, with imprisonment for a term which may extendto 15 years, and shall also be punished with whipping with not less than 6strokes.
[S 26/88]
(2) In paragraph (b) of substance (1), “prescribedproperty” means such property of place used by any public utilityundertaking as may be declared by His Majesty the Sultan and Yang Di-Pertuan byorder published in the Gazette to be prescribed property to which thatparagraph applies.
Mischief by fire or explosive substance with intent to destroy houseetc.
436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will therebycause, the destruction of any building which is ordinarily used as a place ofworship or as a human dwelling, or as a place for the custody of property, shallbe punished with imprisonment for life.
Mischief with intent to destroy or make unsafe a decked vessel or oneof
20 tons burden.
437. Whoever commits mischief to any decked vessel, or any vessel of a burden of 20 tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment for a term which may extend to 15 years and with whipping with not less than 6 strokes.
[S 26/88; S 12/97]
Punishment for the mischief described in section 437 committed by fire or explosive substances.
438. Whoever commits, or attempts to commit, by fire or any explosivesubstance, such mischief as is described in the last preceding section, shall bepunished with imprisonment for life.
Punishment for intentionally running vessel aground or ashore with intentto commit theft etc.
439. Whoever intentionally runs any vessel aground or ashore,intending to commit theft of any property contained therein, or to dishonestly misappropriate any such property, or with intent that such theft or misappropriate of property may be committed, shall be punished with imprisonment for a term which may extend to 10 years and withwhipping with not less than 6 strokes.
[S 26/88; S 12/97]
Mischief by committed after preparation made for causing death orhurt.
440. Whoever commits mischief, having made preparation for causing toany person death, or hurt, or wrongful restraint, or fear of death, or of hurt,or of wrongful restraint, shall be punished with imprisonment for a term whichmay extend to 10 years and with whipping with not less than 6 strokes.
[S 26/88; S 12/97]
Criminal Trespass
Criminal trespass.
441. Whoever enters into or upon property in the possession of anotherwith intent to commit an offence or to intimidate, insult, or annoy any personin possession of such property, or having lawfully entered into or upon suchproperty, unlawfully remains there with intent thereby to intimidate, insult, orannoy any such person, or with intent to commit an offence, is said to commit“criminal trespass”.
Explanation — In this section the definition of the word“offence” in section 40 is extended to include adultery.
House-trespass.
442. Whoever commits criminal trespass by entering into or remainingin any building, tent, or vessel used as a human dwelling, or any building, usedas a place for worship, or as a place for the custody of property, is said tocommit “house-trespass”.
Explanation — The introduction of any part of the criminaltrespasser’s body is entering sufficient to constitute house-trespass.
Lurking house-trespass.
443. Whoever commits house-trespass, having taken precautions to conceal such house-trespass from some person who has a right toexclude or eject the trespasser from the building, tent, or vessel which is thesubject of the trespass, is said to commit “lurkinghouse-trespass”.
Lurking house-trespass by night.
444. Whoever commits lurking house-trespass after sunset, and before sunrise, is said to commit “lurking house-trespass bynight”.
House-breaking.
445. A person is said to commit “house-breaking” whocommits house- trespass, if he effects his entrance into the house or any partof it in any of 6 ways hereinafter described; or if, being in the house or anypart of it for the purpose of committing an offence, or, having committed anoffence therein, he quits the house or any part of it in any of such 6 ways,that is to say —
(a) if he enters or quits through a passage made by himself, or by anyabettor of the house-trespass, in order to the committing of thehouse-trespass;
(b) if he enters or quits through any passage not intended by anyperson other than himself or an abettor of the offence for human entrance, orthrough any passage to which he has obtained access by scaling or climbing overany wall or building;
(c) if he enters or quits through any passage which he or any abettorof the house-trespass has opened in order to the committing of the housetrespass, by any means by which that passage was not intended by the occupier ofthe house to opened;
(d) if he enters or quits by opening any lock in order to thecommitting of the house-trespass, or in order to the quitting of the house aftera house-trespass;
(e) if he effects his entrance or departure by using criminal force orcommitting an assault, or by threatening any person with assault;
(f) if he enters or quits by any passage which he knows to have beenfastened against such entrance or departure, and to have been unfastened byhimself or by an abettor of the house-trespass.
Explanation — Any outhouse, or building occupied with a houseand between which and such houses there is an immediate internal communication, is part of the house within the meaning of thissection.
Illustrations
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This ishouse-breaking.
(b) A commits house-trespass by creeping into a ship at a port-holebetween decks. This is house-breaking.
(c) A commits house-trespass by entering Z’s housethrough a window. This is house-breaking.
(d) A commits house-trespass by entering Z’s housethrough the door, having opened a door which was fastened. This ishouse-breaking.
(e) A commits house-trespass by entering Z’s housethrough the door, having lifted a latch by putting wire through a hole in thedoor. This is house-breaking.
(f) A finds the key of Z’s house-door, which Z had lost, and commits house- trespass by entering Z’s house,having opened the door with that key. This is house- breaking.
(g) Z is standing in his doorway. A forces a passage byknocking Z down, and commits house-trespass by entering the house. Thisis house-breaking.
(h) Z , the door-keeper of Y , is standing in Y’s doorway. A commits house- trespass by entering the house, havingdeterred Z from opposing him by threatening to beat him. This ishouse-breaking.
House-breaking by night.
446. Whoever commits house-breaking after sunset and before sunrise,is said to commit “house-breaking by night”.
Punishment for criminal trespass.
447. Whoever commits criminal trespass shall be punished with imprisonment for a term which may extend to one year and with fine.
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Punishment for house-trespass.
448. Whoever commits house-trespass shall be punished with imprisonment for a term which may extend to 3 years and with fine.
[S 12/97]
House-trespass in order to commit offence punishable with death.
449. Whoever commits house-trespass in order to the committing of anyoffence punishable with death, shall be punished with imprisonment for life andshall also be liable to fine.
House-trespass in order to commit offence punishable with imprisonment for 15 years.
450. Whoever commits house-trespass in order to the committing of anyoffence punishable with imprisonment for 15 years shall be punished withimprisonment for a term not exceeding 10 years and with whipping.
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House-trespass in order to commit offence punishable with imprisonment.
451. Whoever commits house-trespass in order to the committing of anyoffence punishable with imprisonment shall be punished with imprisonment for aterm which may extend to 5 years, and shall also be liable to fine, and, if theoffence intended to be committed is theft, the term of the imprisonment mayextend to 10 years.
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House-trespass after preparation for hurt, assault, or wrongful restraint.
452. Whoever commits house-trespass, having made preparation forcausing hurt to any person, or for assaulting any person or for wrongfullyrestraining any person, or for putting any person in fear of hurt, or ofassault, or of wrongful restraint, shall be punished with imprisonment for aterm which may extend to 10 years and with whipping.
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Punishment for lurking house-trespass or house-breaking.
453. Whoever commits lurking house-trespass or house-breaking shall bepunished with imprisonment for a term which may extend to 5 years and withwhipping.
[S 12/97]
Lurking house-trespass or house-breaking in order to commit offencepunishable with imprisonment.
454. Whoever commits lurking house-trespass or house-breaking in orderto the committing of any offence punishable with imprisonment shall be punishedwith imprisonment for a term which may extend to 5 years and with whipping; andif the offence intended to be committed is theft, the term of imprisonment mayextend to 10 years.
[S 12/97]
Lurking house-trespass or house-breaking afterpreparation for hurt, assault or wrongful restraint.
455. Whoever commits lurking house-trespass, or house-breaking havingmade preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any personin fear of hurt or of assault or of wrongful restraint, shall be punished withimprisonment for a term which may extend to 10 years and with whipping.
[S 12/97]
Punishment for lurking house-trespass or house-breaking by night.
456. Whoever commits lurking house-trespass by night, orhouse-breaking by night, shall be punished with imprisonment for a term whichmay extend to 5 years and with whipping.
[S 12/97]
Lurking house-trespass or house-breaking by night inorder to commit offence punishable with imprisonment.
457. Whoever commits lurking house-trespass by night or house-breakingby night, in order to the committing of any offence punishable withimprisonment, shall be punished with imprisonment for a term which may extend to5 years and with whipping; and, if the offence intended to be committed istheft, the term of imprisonment may extend to 15 years.
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Lurking house-trespass or house-breaking by night afterpreparation for hurt, assault or wrongful restraint.
458. Whoever commits lurking house-trespass by night, or house-breaking by night, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault, or of wrongful restraint, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 6 strokes.
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Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
459. Whoever, whilst committing lurking house-trespass or house- breaking, causes grievous hurt to any person shall be punished with imprisonment for a term which may extend to 30 years and with whipping withnot less than 6 strokes.
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All persons jointly concerned in lurking house-trespass or house- breaking by night punishable where death or grievoushurt caused by one of them.
460. If at the time of the committing of lurking house-trespass bynight or house-breaking by night, any person guilty of such offence shallvoluntarily cause or attempt to cause death or grievous hurt to any person,every person jointly concerned in committing such lurking house-trespass bynight or house-breaking by night shall be punished with imprisonment forlife.
Dishonestly, breaking open receptacle containing property.
461. Whoever dishonestly, or with intent to commit mischief, breaksopen or unfastens any closed receptacle which contains or which he believes tocontain property, shall be punished with imprisonment for a term which mayextend to 5 years and with whipping.
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Punishment for same offence when committed by personentrusted with custody.
462. Whoever, being entrusted with any closed receptacle whichcontains or which he believes to contain property, without having authority toopen the same, dishonestly, or with intent to commit mischief, breaks open orunfastens that receptacle, shall be punished with imprisonment for a term whichmay extend to 5 years and with whipping.
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Chapter XVIII
Offences relating to Documents and to Trade or
Property Marks
Forgery.
463. Whoever makes false document, or part of a document, with intentto cause damage or injury to the public or to any person, or to support anyclaim or title, or to cause any person to part with property, or to enter intoany express or implied contract, or with intent to commit fraud, or that fraudmay be committed, commits forgery.
Making a false document.
464. A person is said to make a false document —
(a) who dishonestly or fraudulently makes, signs, seals, orexecutes a document, or part of a document, or makes any mark denoting theexecution of a document, with the intention of causing it to be believed thatsuch document or part of a document was made, signed, sealed, or executed by orby the authority he knows that it was not made, signed, sealed or executed, orat a time at which he knows that it was not made, signed, sealed or executed;or
(b) who, without lawful authority, dishonestly or fraudulently, bycancellation or otherwise, alters a document in any material part thereof, afterit has been made or executed either by himself or by any other person, whethersuch person be living or dead at the time of such alteration; or
(c) who dishonestly or fraudulently causes any person to sign, seal, execute, or alter a document, knowing that such person by reason ofunsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not, know the contents of the document or thenature of the alteration.
Illustrations
(a) A has a letter of credit upon B for $10,000, written by Z. A , in order to defraud B , adds a cipher to the $10,000, andmakes the sum $100,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery.
(b) A , without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A , with the intention of selling the estate to B , and therebyobtaining from B the purchase-money. A has committed forgery.
(c) A picks up a cheque on a banker signed by B payable tobearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of $10. A commitsforgery.
(d) A leaves with B , his agent, a cheque on a banker signed by A , without inserting the sum payable and authorised B to fill upthe cheque by inserting a sum not exceeding $10,000 for the purpose of makingcertain payments. B fraudulently fills up the cheque by inserting thesum of $20,000. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as agenuine bill with a banker, and intending to take up the bill on its maturity.Here, as A draws the bill with intent to deceive the banker by leadinghim to suppose that he had the security of B , and thereby to discount thebill, A is guilty of forgery.
(f) Z’s will contains these words: “I direct that all myremaining property be equally divided between A , B and C ”. A dishonestly scratches out B’s name,intending that it may be believed that the whole was left to himself and C.A has committed forgery.
(g) A indorses a promissory note, and makes it payable to Z orhis order, by writing on the bill the words “Pay to Z or hisorder”, and signing the indorsement. B dishonestly erases thewords “Pay to Z or his order”, and thereby converts thespecial indorsement into a blank indorsement. B commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in orderto defraud Z of his estate, executes a conveyance of the same estate to B , dated 6 months earlier than the date of the conveyance to Z ,intending it to be believed that he had conveyed the estate to B beforehe conveyed it to Z. A has committed forgery.
(i) Z dictates his will to A. A intentionally writes down adifferent legatee from the legatee named by Z , and, by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.
(j) A. writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseenmisfortune, intending by means of such letter to obtain alms from Z andother persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.
(k) A , without B’s authority, writes a letter and signsit in B’s name certifying to A’s character, intendingthereby to obtain employment under Z. A has committed forgery, inasmuchas he intended to deceive Z by the forged certificate, and thereby toinduce Z to enter into an express or implied contract for service.
Explanation 1 — A man’s signature of his own name mayamount to forgery.
Illustrations
(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the samename. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper andsigns it with Z’s name, in order that B may afterwardswrite on the paper a bill of exchange drawn by B upon Z , andnegotiate the bill as though it had been accepted by Z. A is guilty offorgery, and if B , knowing the fact, draws the bill upon the paperpursuant to A’s intention, B is also guilty of forgery.
(c) A picks up a bill of exchange payable to the order of a differentperson of the same name. A indorses the bill in his own name, intendingto cause it to be believed that it was indorsed by the person to whose order itwas payable. Here, A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B , after the seizure of the estate, in collusion with Z ,executes a lease of the estate to Z at a nominal rent and for a longperiod, and dates the lease 6 months prior to the seizure, with intent todefraud A , and to cause it to be believed that the lease was grantedbefore the seizure. B , though he executes the lease in his own name,commits forgery by antedating it.
(e) A , a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes apromissory note binding himself to pay to B a sum for value received, andantedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery underthe first head of the definition.
Explanation 2 — The making of a false document in the name of afictitious person, intending it to be believed that the document was made by areal person, or in the name of a deceased person, intending it to be believedthat the document was made by the person in his life-time, may amount toforgery.
Illustration
A draws a bill of exchange upon a fictitious person, and fraudulentlyaccepts the bill in the name of such fictitious person with intent to negotiateit. A commits forgery.
Punishment for forgery.
465. Whoever commits forgery shall be punished with imprisonment for aterm which may extend to 5 years and with fine.
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Forgery of record of Court or of public register etc.
466. Whoever forges a document, purporting to be a record orproceeding of or in a Court of Justice, or a register of birth, baptism,marriage, or burial, or a register kept by a public servant as such, or acertificate or document purporting to be made by a public servant in hisofficial capacity, or an authority to institute or defend a suit, or to take anyproceedings therein, or to confess judgment or a power of attorney, shall be punished with imprisonment for a term which may extend to 7years, and shall also be liable to fine.
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Forgery of valuable security or will etc.
467. Whoever forges a document which purports to be a valuablesecurity or will, or an authority to adopt a son, or which purports to giveauthority to any person to make or transfer any valuable security, or to receivethe principal, interest or dividends thereon, or to receive or deliver anymoney, movable property, or valuable security, or any document purporting to bean acquittance or receipt acknowledging the payment of money, or anacquitance or receipt for the delivery of any movable property or valuablesecurity, shall be punished with imprisonment for a term which may extend to 10years, and shall also be liable to fine.
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Forgery for purpose of cheating.
468. Whoever commits forgery, intending that the document forged shallbe used for the purposes of cheating, shall be punished with imprisonment for aterm which may extend to 10 years, and shall also be liable to fine.
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Forgery for purpose of harming reputation.
469. Whoever commits forgery, intending that the document forged shallharm the reputation of any party, or knowing that it is likely to be used forthat purpose, shall be punished with imprisonment for a term which may extend to5 years, and shall also be liable to fine.
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Forged document.
470. A false document made wholly or in part by forgery is designated“a forged document”.
Using as genuine a forged document.
471. Whoever fraudulently or dishonestly uses as genuine any documentwhich he knows or has reason to believe to be a forged document shall bepunished in the same manner as if he had forged such document.
Making or possessing counterfeit seal etc. with intent to commit forgerypunishable under section 467.
472. Whoever makes or counterfeits any seal, plate, or otherinstrument for making an impression, intending that the same shall be used forthe purpose of committing any forgery which would be punishable under section467 of this Code, or with such intent, has in his possession any such seal,plate or other instrument, knowing the same to be counterfeit, shall be punishedwith imprisonment for a term which may extend to 10 years, and shall also beliable to fine.
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Making or possessing counterfeit seal etc. with intent tocommit forgery punishable otherwise.
473. Whoever makes or counterfeits any seal, plate, or otherinstrument for making an impression, intending that the same shall be used forthe purpose of committing any forgery which would be punishable under anysection of this Chapter other than section 467, or with such intent, has in hispossession any such seal, plate, or other instrument, knowing the same to becounterfeit, shall be punished with imprisonment for a term which may extend to10 years, and shall also be liable to fine.
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Having possession of valuable security or will etc.knowing it to be forged and intending to be liable use it as genuine.
474. Whoever has in his possession any document knowing the same to beforged, and intending that the same shall fraudulently or dishonestly be used asgenuine, shall, if the document is one of the description mentioned in section466 of this Code, be punished with imprisonment for a term which
may extend to 10 years, and shall also be liable to fine; and if the documentis one of the description mentioned in section 467, shall be punished withimprisonment for a term which may extend to 15 years, and shall also be liableto fine.
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Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeitmarked material.
475. Whoever counterfeits upon, or in the substance of, any material,any device or mark used for the purpose of authenticating any documentdescribed in section 467 of this Code, intending that such device or mark shallbe used for the purpose of giving the appearance of authenticity to any documentthen forged or thereafter to be forged on such material, or who, with suchintent, has in his possession any material upon or in the substance of which anysuch device or mark has been counterfeited shall be punished with imprisonmentfor a term which may extend to 10 years, and shall also be liable to fine.
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Counterfeiting a device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material.
476. Whoever counterfeits upon, or in the substance of, any material,any device or mark used for the purpose of authenticating any document otherthan the documents described in section 467 of this Code, intending that suchdevice or mark shall be used for the purpose of giving the appearance ofauthenticity to any document then forged or thereafter to be forged on suchmaterial, or who, with such intent, has in his possession any material upon orin the substance of which any such device or mark has been counterfeited shallbe punished with imprisonment for a term which may extend to 10 years, and shallalso be liable to fine.
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Fraudulent cancellation, destruction etc. of will,authority to adopt, or valuable security.
477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys, or defaces, or attempts to cancel, destroy, or deface, or secretes, or attempts to secrete, any document which is, or purports to be, a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document 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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Falsification of accounts.
477A. Whoever, being a clerk, officer or servant, or employed oracting in the capacity of a clerk, officer or servant, wilfully, and with intentto defraud, destroys, alters, multilates falsifies any book, paper, writing, valuable security or account which belongs to or is in the possessionof his employer, or has been received by him for or on behalf of his employer,or wilfully, and with intent to defraud, makes or abets the making of any falseentry, in or omits or alters or abets the omission or alteration of any materialparticular from or in any such book, paper, writing, valuable security oraccount, shall be punished with imprisonment for a term which may extend to 10years and with fine.
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Exception — It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.
Sections 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489. (Repealed) .
Currency Notes and Bank Notes
Counterfeiting currency notes or bank notes.
489A. Whoever counterfeits, or knowingly performs any part of theprocess of counterfeiting, any currency note or bank note, shall be punishedwith imprisonment for a term which may extend to 15 years, and shall also beliable to fine.
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Explanation — For the purposes of this section and of sections 489B, 489C and 489D, the expression “bank note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for, money.
Using as genuine forged or counterfeit currency notes or banknotes.
489B. Whoever sells to, or buys or receives from, any other person,or otherwise traffics in or uses as genuine, any forged or counterfeit currencynote or bank note, knowing or having reason to believe the same to be forged orcounterfeit, shall be punished with imprisonment for a term which may extend to15 years, and shall also be liable to fine.
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Possession of forged or counterfeit currency notes or bank notes.
489C. Whoever has in his possession any forged or counterfeit currencynote or bank note, knowing or having reason to believe the same to be forged orcounterfeit, and intending to use the same as genuine, or that it may be used asgenuine, shall be punished with imprisonment for a term which may extend to 10years and with fine.
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Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes.
489D. Whoever makes, or performs any part of the process of making, orbuys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing orhaving reason to believe that it is intended to be used, for forging orcounterfeiting any currency note or bank note, shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
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Chapter XIX
Criminal Breach of Contracts of Service
490. — 491. (Repealed) .
492. (No section).
Chapter XX
Offences relating to Marriage
Cohabitation caused by a man deceitfully inducing a belief of lawfulmarriage.
493. Every man who by deceit causes any woman who is not lawfullymarried to him to believe that she is lawfully married to him, and to cohabit orhave sexual intercourse with him in that belief, shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
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Marrying again during life-time of husband or wife.
494. Whoever, having a husband or wife living, marries in any case inwhich such marriage is void by reason of its taking place during the life ofsuch husband or wife, shall be punished with imprisonment for a term which mayextend to 7 years, and shall also be liable to fine.
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Exception — This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction; nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of 7 years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Same offence with concealment of former marriage from person with whomsubsequent marriage is contracted.
495. Whoever commits the offence defined in the last preceedingsection, having concealed from the person with whom the subsequent marriage iscontracted the fact of the former marriage, shall be punished withimprisonment for a term which may extend to 10 years, and shall also be liableto fine.
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Marriage ceremony fraudulently gone through without lawfulmarriage.
496. Whoever, dishonestly or with a fraudulent intention, goes throughthe ceremony of being married, knowing that he is not thereby lawfully married,shall be punished with imprisonment for a term which may extend to 7 years, andshall also be liable to fine.
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497. (No section).
Enticing or taking away or detaining with criminal intent a marriedwoman.
498. Whoever takes or entices away any woman, who is, and whom heknows or has reason to believe to be, the wife of any other man, from that man,or from any person having the care of her on behalf of that man, with intentthat she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished withimprisonment for a term which may extend to 2 years, or with fine, or withboth.
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Chapter XXI
Defamation
Defamation.
499. Whoever, by words either spoken or intended to be read, or bysigns, or by visible representations, makes or publishes any imputationconcerning any person, intending to harm, or knowing or having reason to believethat such imputation will harm, the reputation of such person, is said, exceptin the case hereinafter excepted, to defame that person.
Explanation 1 — It may amount to defamation to impute anythingto a deceased person if the imputation would harm the reputation of that personif living, and is intended to be harmful to the feelings of his family or othernear relatives.
Explanation 2 — It may amount to defamation to make animputation concerning a company or an association or collection of persons assuch.
Explanation 3 — An imputation in the form of an alternative, or expressed ironically, may amount to defamation.
Explanation 4 — No imputation is said to harm a person’sreputation, unless that imputation directly or indirectly, in the estimation ofothers, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling,or lowers the credit of that person, or causes it to be believed that the bodyof that person is in a loathsome state, or in a state generally considered asdisgraceful.
Illustrations
(a) A says — “ Z is an honest man; he never stole B’s watch”: intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fallwithin one of the exceptions.
(b) A is asked who stole B’s watch. A points to Z , intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of the exceptions.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of theexceptions.
Imputation of truth which public good requires to be made orpublished.
First Exception — It is not defamation to impute anything whichis true concerning any person, if it be for the public good that the imputationshould be made or punished. Whether or not it is for the public good is aquestion of fact.
Public conduct of public servants.
Second Exception — It is not defamation to express in goodfaith any opinion whatever respecting the conduct of a public servant in thedischarge of his public functions or respecting his character, so far as hischaracter appears in that conduct, and no further.
Conduct of any person touching any public question.
Third Exception — It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question and respecting his character, so far as his character appears in that conduct, and no further.
Illustration
It is not defamation in A to express in good faith any opinionwhatever respecting Z’s conduct in petitioning Government on apublic question, in signing a requisition for a meeting on a public question, inpresiding or attending at such a meeting, in forming or joining any societywhich invites the public support, in voting or canvassing for a particularcandidate for any situation in the efficient discharge of the duties of whichthe public is interested.
Publication of report of proceedings of Courts.
Fourth Exception — It is not defamation to publish asubstantially true report of the proceedings of a Court of Justice, or of theresult of any such proceedings.
Explanation — A Magistrate or other officer holding an inquiryin open Court preliminary to a trial in a Court of Justice, is a Court withinthe meaning of the above section.
Merits of case decided in Court, or conduct of witnesses and othersconcerned.
Fifth Exception — It is not defamation to express in good faithany opinion whatever respecting the merits of any case, civil or criminal, whichhas been decided by a Court of Justice, or respecting the conduct of any personas a party, witness, or agent, in any such case, or respecting the character ofsuch person, as far as his character appears in that conduct, and nofurther.
Illustrations
(a) A says, “I think Z’s evidence on that trial isso contradictory that he must be stupid or dishonest”. A is withinthis exception if he says this in good faith, inasmuch as the opinion which heexpresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b) But if A says, “I do not believe what Z asserted at that trial because I know him to be a man withoutveracity”, A is not within the exception inasmuch as the opinionwhich he expresses of Z’s character is an opinion not founded on Z’s conduct as a witness.
Merits of public performance.
Sixth Exception — It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author, so far as his character appears in such performance, and no further. Explanation — A performance may be submitted to the judgment of the public expressly, or by acts on the part of the author which imply such submission to the judgment of the public.
Illustrations
(a) A person who publishes a book submits that book to the judgment of the public.
(b) A person who makes a speech in public submits that speech to the judgment of the public.
(c) An actor or singer, who appears on a public stage, submits hisacting or singing to the judgment of the public.
(d) A says of a book published by Z : “ Z’s book is foolish, Z must be a weak man; Z’s book isindecent, Z must be a man of impure mind”. A is withinthis exception if he says this in good faith, inasmuch as the opinion which heexpresses of Z respects Z’s character only so far as itappears in Z’s book, and no further.
(e) But, if A says, “I am not surprised that Z’s book is foolish and indecent, for he is a weak man, and alibertine”, A is not within this exception, inasmuch as theopinion which he expresses of Z’s character is an opinion notfounded on Z’s book.
Censure passed in good faith by person having lawful authority overanother.
Seventh Exception — It is not defamation in a person having overanother any authority, either conferred by law, or arising out of a lawfulcontract made with that other, to pass in good faith any censure on the conductof that other in matters to which such lawful authority relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court, a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier — are within this exception.
Accusation preferred in good faith to authorised person.
Eighth Exception — It is not defamation to prefer in good faith an accusation against any person to any of those who have lawfulauthority over that person with respect to the subject-matter of theaccusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z , a servant, to Z’s master; if A in good faith complains of the conduct of Z , a child to Z’s father — A is within thisexception.
Imputation made in good faith by person for protection of his orother’s interest.
Ninth Exception — It is not defamation to make an imputation onthe character of another provided that the imputation be made in good faith forthe protection of the interest of the person making it, or any other person, orfor the public good.
Illustrations
(a) A , a shopkeeper, says to B , who manages his business— “Sell nothing to Z unless he pays you ready money, for Ihave no opinion of his honesty”. A is within the exception, if hehas made this imputation on Z in good faith for the protection of his owninterests.
(b) A , a Magistrate, in making a report to his superior officer, casts an imputation on the character of Z. Here, if theimputation is made in good faith, and for the public good, A is withinthe exception.
Caution intended for good of person to whom conveyed or for publicgood.
Tenth Exception — It is not defamation to convey a caution, ingood faith, to one person against another, provided that such caution beintended for the good of the person to whom it is conveyed, or of some person inwhom that person is interested, or for the public good.
Punishment for defamation.
500. Whoever defames another shall be punished with imprisonment fora term which may extend to 5 years and with fine.
[S 12/97]
Printing or engraving matter known to be defamatory.
501. Whoever prints or engraves any matter, knowing or having goodreason to believe that such matter is defamatory of any person, shall bepunished with imprisonment for a term which may extend to 5 years and withfine.
[S 12/97]
Sale of printed or engraved substance containing defamatorymatter.
502. Whoever sells or offers for sale any printed or engravedsubstance containing defamatory matter, knowing that it contains such matter,shall be punished with imprisonment for a term which may extend to 5 years andwith fine.
[S 12/97]
Chapter XXII
Criminal Intimidation Insult and Annoyance
Criminal intimidation.
503. Whoever threatens another with any injury to his person,reputation, or property, or to the person or reputation of anyone in whom thatperson is interested, with intent to cause alarm to that person, or to causethat person to do any act which he is not legally bound to do, or to omit to doany act which that person is legally entitled to do, as the means of avoidingthe execution of such threat, commits criminal intimidation.
Explanation — A threat to injure the reputation of any deceasedperson in whom the person threatened is interested is within this section.
Illustration
A , for the purpose of inducing B to desist from prosecuting acivil suit, threatens to burn B’s house. A is guilty ofcriminal intimidation.
Intentional insult with intent to provoke breach of the peace.
504. Whoever intentionally insults, and thereby gives provocation toany person, intending or knowing it to be likely that such provocation willcause him to break the public peace, or to commit any other offence, shall bepunished with imprisonment for a term which may extend to 3 years and withfine.
[S 12/97]
Statements conducting to public mischief.
505. Whoever makes, publishes, or circulates any statement, rumour, orreport —
(a) with intent to cause, or which is likely to cause, any officer orconstable in the Police forces of Brunei Darussalam or any officer, soldier,sailor or airman in the armed forces of His Majesty the Sultan and YangDi-Pertuan to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarmto the public, or to any section of the public whereby any person may be induced to commit an offence against Brunei Darussalam or against thepublic tranquillity; or
(c) with intent to incite, or which is likely to incite, any class orcommunity of persons to commit any offence against any other class orcommunity,
shall be punished with imprisonment for a term which may extend to 5 yearsand with fine.
[S 12/97]
Exception — It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.
Punishment for criminal intimidation.
506. Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both; and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death, or with imprisonment for a term which may extend to 7 years, or to impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.
[S 12/97]
Criminal intimidation by an anonymous communication.
507. Whoever commits the offence of criminal intimidation by any anonymous communication, or having taken precaution to conceal the name orabode of the person from whom the threat comes, shall be punished withimprisonment for a term which may extend to 3 years, in addition to thepunishment provided for the offence by the last preceding section.
[S 12/97]
Act caused by inducing person to believe that he will berendered an object of divine displeasure.
508. Whoever voluntarily causes or attempts to cause any person to doanything which that person is not legally bound to do, or omit to do anythingwhich he is legally entitled to do, by inducing or attempting to induce thatperson to believe that he or any person in whom he is interested will become, orwill be rendered by some act of the offender, an object of divinedispleasure, if he does not do the thing which it is the object of the offenderto cause him to do, or if he does the thing which it is the object of theoffender to cause him to omit, shall be punished with imprisonment for a termwhich may extend to 3 years, or with fine, or with both.
[S 12/97]
Illustrations
(a) A performs a ceremony at Z’s door with theintention of causing it to be believed that, by so performing, he renders Z an object of divine displeasure. A has committed the offencedefined in this section.
(b) A threatens Z that unless Z performs a certain act, A will kill one of A’s own children under suchcircumstances that the killing would be believed to render Z an objectof divine displeasure. A has committed the offence defined in thissection.
Word, gesture, or act intended to insult the modesty of a woman.
509. Whoever, intending to insult the modesty of any woman, utters anyword, makes any sound or gesture, or exhibits any object, intending that suchword or sound shall be heard, or that such gesture or object shall be seen, bysuch woman, or intrudes upon the privacy of such woman, shall be punished withimprisonment for a term which may extend to 3 years and with fine.
[S 12/97]
Misconduct in public by a drunken person.
510. Whoever, in a state of intoxication, appears in any public place,or in any place which it is a trespass in him to enter, and there conductshimself in such a manner as to cause annoyance to any person, shall be punishedwith imprisonment for a term which may extend to 6 months and with fine.
[S 12/97]
Chapter XXIII
Attempts to Commit Offences
Punishment for attempting to commit offences. [S 49/89]
511. Whoever attempts to commit an offence punishable by this Code orby any other written law with imprisonment, fine or whiping or with acombination of such punishments, or attempts to cause such an offence to becommitted, and in such attempt does any act towards the commission of theoffence, shall, where no express provision is made by this Code or by such otherwritten law, as the case may be, for the punishment of such attempt, be punishedwith such punishment as is provided for the offence:
Provided that any term of imprisonment imposed shall not exceed one half ofthe longest term provided for the offence.
Illustrations
(a) A makes an attempt to steal some jewels by breaking open a box,and finds after so opening the box that there is no jewel in it. He has done asact towards the commission of theft, and therefore is guilty under thissection.
(b) A makes an attempt to pick the pocket of Z by thrustinghis hand into Z’s pocket. A fails in the attempt inconsequence of Z having nothing in his pocket. A is guilty underthis section.
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