Under section 379 of the Penal Code, offenders may be liable for a fine and/or imprisonment up to 3 years for theft. Mostrando entradas con la etiqueta Artculo 379. Out of possession of a person means that the person who was legally entitled to the property does not have the property anymore. If this instance was true, then that other person has stolen their mobile phone and has committed the offense of theft. A single judge of the Singapore High Court has held Section 377A criminalizing "gross indecency" of the Penal Code to be constitutionally valid. Snatching.- (1) Whoever, with the intention to commit theft, suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his physical possession any moveable property, and makes or attempt to make escape with such property, is said to commit snatching. Explain what happened to your defence lawyer, who will then do his/her utmost to advocate for your case based on the legal principles as explained above. The offender may also be disqualified from holding or obtaining a drivers license. 267C Uttering words, making document, etc., containing incitement to violence, etc. You should obtain specific legal advice from a lawyer before taking any legal action. 99 Right of private defence against act of person of unsound mind, etc. 372 Selling minor for purposes of prostitution, etc. This provision states that anyone who commits the crime of theft will be sentenced to three years in jail or a fine determined . 378 Theft 379 Punishment for theft 379A Punishment for theft of a motor vehicle 380 Theft in dwelling house, etc. 113 relations. We'll do our best to work within your schedule. What is Extortion? )), Act 5 March 2021 No. Under Section 380, the punishment for theft ranges from imprisonment for a term which may extend to seven years and fine. Section 378 defines the offence of Theft, whereas, section 379 IPC prescribes punishment for theft. relevant act, in relation to a specified offence, means an act or omission (whether occurring wholly or partly in or outside Singapore) which is a physical element of the specified offence; specified offence means an offence specified in the Schedule and includes an attempt to commit the offence, an abetment of the offence and a criminal conspiracy to commit the offence. 295-298) Section 295: Injuring or defiling place of worship, with intent to insult the religion of . The section deals with stealing property belonging to another person. See also. This is because members of the public and shop-owners have a right to believe that a building/dwelling house should be considered safer and more secure, given that it is a building and not an exposed area. An act of molestation is also referred to as ' outrage of modesty '. 366 Kidnapping or abducting a woman to compel her marriage, etc. How to Shop for Groceries and Essentials Safely, During COVID-19? 2) Reformative Training: For 18 months, the youth offender will be detained in a structured environment where they will be required to attend counseling concerning their behavior and other required programs. Explanation 2.. A thorough assessment by a qualified psychiatrist is required. Mostrar todas las entradas. 5) Short Detention Order: First-time minor offenders may be detained in prison for a period of up to 14 days. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. 3) Theft Intervention Programme: Adolescents who have repeatedly committed the offense of theft will be required to attend a 4-month specialized treatment group program. The offenders motivations for shoplifting will most definitely be considered during sentencing as they relate to the culpability or blame-worthiness of the offender. Section 377A of the Penal Code (Singapore) . 437 Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden, 438 Punishment for the mischief described in section437 when committed by fire or any explosive substance. In contrast, a sentencing court may be persuaded to give a lower sentence to an offender who surrendered himself/herself willingly despite not being caught, as this may be viewed as an indication of remorse. This law was first drafted by Thomas Macaulay, a member of the British Council, in the 19th century and was modelled on laws formed in the 1500s which defined unnatural sexual acts against the will of God . 388 Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc. . Specified offences deemed to be committed in Singapore, Select the provisions you wish to print using the checkboxes and then click the relevant "Print", Please check the legislation timeline to ensure that you are viewing the correct legislation version. Section 377A is a Singaporean law introduced under British colonial rule that criminalises sex between consenting male adults. By this section, any person who commits theft shall be punished with imprisonment of up to three 3 years or with fine or with both. This consent may be implied or expressed consent. Navigation Penal Code Section 379 2) Mental State: The mental condition of the offender may also be taken into consideration like if the offender is suffering from kleptomania. It is also possible to meet with the authorities/prosecution team to explain the circumstances of the offence, in the hope of having the charge reduced or to find a resolution on the appropriate punishment for the crime. The Indonesian national had worked as a domestic worker for 9 years in a household consisting of five members. The authorities may therefore choose to proceed with a charge of theft even though the circumstances relate to a charge of theft in dwelling. 152 Assaulting or obstructing public servant when suppressing riot, etc. Specified offences deemed to be committed in Singapore, Select the provisions you wish to print using the checkboxes and then click the relevant "Print", Please check the legislation timeline to ensure that you are viewing the correct legislation version. Section 379 of the Penal Code 1871 provides for the punishment for committing the offense of theft in Singapore. (1) Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term of not less than one year and not more than seven years, and shall also be liable to fine. Section 377A of the Penal Code of Singapore is the main remaining piece of legislation which criminalises sex between mutually consenting adult men. Section 379A provides for punishment for committing the offense of theft of motor vehicles. Copyright 2022 Government of Singapore. Ultimately however, the prosecution has the option to decide whether to charge a shoplifter with theft, or theft in dwelling, depending on which charge it is confident of proving in court. The Indian Penal Code, Section 379, specifies the punishment for theft. Clerk or Servant can also be someone who is employed in the capacity of a clerk or a servant. Community-based sentencing allows the courts to give more appropriate sentences to minor offences. if the offender has not yet undergone the punishment, or is undergoing the punishment, and the punishment determined by the judgment is heavier than that provided by the law afterwards, when it appears to the court from the file of the case, or when the offender, the legal representative or guardian of such person, or the public prosecutor makes typically charges $30 for a first checked bag. 373 Buying minor for purposes of prostitution, etc. Moveable property is defined under the Penal Code 1871 as a corporeal or tangible property. Act 7 May 2021 No. The main focus of this appeal was the fundamental principle of sentencing which is proportionality. In normal circumstances, a finder must always take reasonable steps to discover and give notice to the owner. One such case is that of PP v Yusry Shah bin Jamal, where a young offender shoplifted while on bail for other offences. This includes anyone who commits theft even though he/she does not intend to deprive the owner permanently of his/her possession. According to the Annual Crime Brief 2021 published by the Singapore Police force (SPF), outrage of modesty cases accounted for 42.3% of all sexual crime cases reported in 2021. However, there might be room to argue that a lower or different kind of sentence (such as probation, which focuses on rehabilitation, instead of imprisonment) should be preferred for shoplifters who labour under mental disorders or illness. This is because kleptomaniacs often act out of an impulse which is difficult to keep under control, and can hence be said to be less blameworthy than other shoplifters not suffering from the same condition. My maid accused me of slapping her and, Mr Baiross is an extremely competent lawyer. 439 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. Description of IPC Section 380. The offence of theft is included in Chapter XXVII of the Indian Penal Code. If the property did not have any ownership or was not in the owners possession at the time when it was removed, such action would not constitute an offense of theft. If an accused is found guilty of theft, he/she will be punished according to the provisions of the Indian Penal Code (IPC). After going through the facts of the case as well as the progress made by the youth offender, the High Court substituted the order of probation given by the district judge with a sentence of reformative training. 428 Mischief by killing or maiming any animal, 435 Mischief by fire or explosive substance with intent to cause damage. See also. 466 Forgery of a record of a court of justice, or a public register of births, etc. This is all the more true in the case of shoplifting where ones dominant motivation is often to get away with items without payment. Section 293: Sale, etc., of obscene objects to young person. Apart from the severe consequences of possible imprisonment, a criminal record will follow for a considerable period of time. It remained part of the Singapore body of law after the Penal Code review of October 2007 that removed most of the other provisions in Section 377. (2) In this section "component part", in relation to a motor vehicle, includes any tyre, accessory or equipment; Other sections that follow contain harsher penalties for theft in aggravating circumstances. Another difference is that the element of dishonest intention is not required in criminal misappropriation as opposed to theft. 153 Intentionally or rashly giving provocation, with intent to cause riot, 154 Owner or occupier of land on which an unlawful assembly is held, 155 Liability of person for whose benefit a riot is committed, 156 Liability of agent of owner or occupier for whose benefit a riot is committed, 157 Harbouring persons hired for an unlawful assembly, 158 Being hired to take part in an unlawful assembly or riot, 161 Public servant taking a gratification, other than legal remuneration, in respect of an official act, 162 Taking a gratification in order, by corrupt or illegal means, to influence a public servant, 163 Taking a gratification, for the exercise of personal influence with a public servant, 164 Punishment for abetment by public servant of the offences above defined, 165 Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant, 166 Public servant disobeying a direction of the law, with intent to cause injury to any person, 167 Public servant framing an incorrect document or electronic record with intent to cause injury, 168 Public servant unlawfully engaging in trade, 169 Public servant unlawfully buying or bidding for property, 171 Wearing garb or carrying token used by public servant, with fraudulent intent, 172 Absconding to avoid arrest on warrant or service of summons, etc., proceeding from a public servant, 173 Preventing service of summons, etc., or preventing publication thereof, 174 Failure to attend in obedience to order from public servant, 175 Omission to produce document or electronic record to public servant by person legally bound to produce such document or electronic record, 176 Omission to give notice or information to public servant by person legally bound to give such notice or information, 178 Refusing oath when duly required to take oath by a public servant, 179 Refusing to answer public servant authorised to question, 181 False statement on oath to public servant or person authorised to administer an oath, 182 False information, with intent to cause a public servant to use his lawful power to the injury of another person, 183 Resistance to taking of property by lawful authority of public servant, 184 Obstructing sale of property offered for sale by authority of public servant, 185 Illegal purchase or bid for property offered for sale by authority of public servant, 186 Obstructing public servant in discharge of his public functions, 187 Omission to assist public servant when bound by law to give assistance, 188 Disobedience to order duly promulgated by public servant, 190 Threat of injury to induce any person to refrain from applying for protection to a public servant, 194 Giving or fabricating false evidence with intent to procure conviction of a capital offence, 195 Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment, 197 Issuing or signing a false certificate, 198 Using as a true certificate one known to be false in a material point, 199 False statement made in any declaration which is by law receivable as evidence, 200 Using as true any such declaration known to be false, 201 Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender, 202 Intentional omission to give information of an offence, by person bound to inform, 203 Giving false information respecting an offence committed, 204 Destruction of document or electronic record to prevent its production as evidence, 204A Obstructing, preventing, perverting or defeating course of justice, 205 False personation for the purpose of any act or proceeding in a suit, 206 Fraudulent removal or concealment of property to prevent its seizure as a forfeiture, in execution of a decree or under or pursuant to an enforcement order, 207 Fraudulent claim to property to prevent its seizure as a forfeiture, in execution of a decree or under or pursuant to an enforcement order, 208 Fraudulently suffering a decree for a sum not due, 210 Fraudulently obtaining a decree for a sum not due, 211 False charge of offence made with intent to injure, 213 Taking gifts, etc., to screen an offender from punishment, 214 Offering gift or restoration of property in consideration of screening offender. Here are 5 trusted lawyers you can contact directly for a quote. It may be a high-value property or a low-value property and the ultimate sentence will depend on such value. This was a case of theft against a foreign domestic worker, who was alleged to have committed the offense of theft and was convicted of four charges. lunes, 13 de abril de 2015. 987.2 Order format (for non-capital cases) Capital/LWOP Case Panel Application; . 440 Mischief committed after preparation made for causing death or hurt, 449 House-breaking in order to commit an offence punishable with death, 450 House-breaking in order to commit an offence punishable with imprisonment for life, 451 House-breaking in order to commit an offence punishable with imprisonment. Penal Code 987.9 Rules and Procedures; Penal Code 987.2 Rules and Procedures; Exhibit A - Court's adopted P.C. Singapore: Singapore Journal of Legal Studies, Faculty of Law, National University of . Section 379 is dealing with the punishment for theft. However, theft in dwelling is deemed as more serious as there is a mandatory term of imprisonment as well as a fine. c) Restraint or Fear of Restraint, i) Committing such theft The offense of criminal misappropriation is committed when a person finds the property of another person neutrally and keeps the property with himself. Anyone who steals any article of value (whether movable or immovable) belonging to another person can be prosecuted under this section. 100 Right of private defence against deadly assault when there is risk of harm to innocent person, 101 Start and continuance of right of private defence of body, 102 When right of private defence of body extends to causing death, 103 When such right extends to causing any harm other than death, 104 Commencement and continuance of right of private defence of property, 105 When right of private defence of property extends to causing death, 106 When such right extends to causing any harm other than death, 106A Acts against which there is no right of private defence, 108A Abetment in Singapore of an offence outside Singapore, 108B Abetment outside Singapore of an offence in Singapore, 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 the person abetted does the act with a different intention from that of the abettor, 111 Liability of abettor when one act is abetted and a different act is done, 112 Abettor, when liable to cumulative punishment for act abetted and for act done, 113 Liability of abettor for an offence caused by the act abetted different from that intended by the abettor, 114 Abettor present when offence committed, 115 Abetment of offence punishable with death or imprisonment for life, 116 Abetment of offence punishable with imprisonment, 117 Abetting the commission of an offence by the public or by more than 10persons, 118 Concealing a design to commit an offence punishable with death or imprisonment for life, 119 A public servant concealing a design to commit an offence which it is his duty to prevent, 120 Concealing a design to commit an offence punishable with imprisonment, 121 Waging or attempting to wage war or abetting the waging of war against the Government, 121A Offences against the Presidents person, 121C Abetting offences under section121A or 121B, 121D Intentional omission to give information of offences against section121, 121A, 121B or 121C by a person bound to inform, 122 Collecting arms, etc., with the intention of waging war against the Government, 123 Concealing with intent to facilitate a design to wage war, 124 Assaulting President, etc., with intent to compel or restrain the exercise of any lawful power, 125 Waging war against any power in alliance or at peace with Singapore, 126 Committing depredation on the territories of any power in alliance or at peace with Singapore, 127 Receiving property taken by war or depredation mentioned in sections125 and 126, 128 Public servant voluntarily allowing prisoner of State or war in his custody to escape, 129 Public servant negligently suffering prisoner of State or war in his custody to escape, 130 Aiding escape of, rescuing, or harbouring such prisoner, 130B Piracy by law of nations. An offense of theft may become an offense of robbery if the following actions are caused or attempted to cause by the offender to any person while committing or attempting to commit the theft. However, this does not mean that probation will always be ordered in such cases. Mostrando entradas con la etiqueta Artculo 379. 453 Possession of house-breaking implements or offensive weapons, 458A Punishment for subsequent offence under section 449, 450, 451 or 452, 459 Grievous hurt caused while committing house-breaking, 460 House-breaking when death or grievous hurt caused, 461 Dishonestly breaking open any closed receptacle containing or supposed to contain property, 462 Punishment for same offence when committed by person entrusted with custody, 464 Making a false document or false electronic record. The High Court found that the prosecution failed to prove beyond a reasonable doubt concerning all four charges brought against her. Furthermore, unless the items stolen had been sold or distributed elsewhere, the shoplifted items in the shoplifters possession will most likely be seized by the police (and eventually disposed of) or returned to the shop-owner. The undisputed fact about this case was that the motivation of the offender for stealing these wallets stemmed from his fetishistic disorder that involved smelting the wallets of women to get a sense of euphoria and to feel sexually aroused. It states that an offender should receive a punishment that is proportional to the offense that has been committed by him. In the case of simple theft, the punishment is prescribed under section 379 of the Penal Code and it is as follows: An imprisonment term which may extend to 3 years, or with fine, or with both. The High Court concluded that the district judge had balanced the principles of proportionality appropriately in imposing the sentence of 10 months imprisonment. The moveable property must indeed be removed from the possession of the owner of such property or anyone who was legally entitled to that property. While some might say that this could be for conveniences sake (e.g. In the case of theft in dwelling-house, etc., the punishment is prescribed under section 380 of the Penal Code and it is as follows: 6 (section 196, entry into force: 5 March 2021, and section 253, entry into force: 1 April 2021). 383. . Certain laws not to be affected by this Code. Section 294: Obscene acts and songs. 224, 2008 Rev Ed), anyone who commits theft shall be punished with imprisonment of up to 3 years, or with fine, or with both. iii) Retaining the property taken by such theft. It states that the offender may be punished with imprisonment which extends to a period of up to 3 years, or with a fine, or both. Thinking about their time in the park, they realize that their mobile phone was taken by another person when they had kept it on the bench to tie the shoelaces and that they had seen that person running away from them, right after that person crossed the bench. 427 Punishment for committing mischief causing disruption to key service, etc. PENAL CODE. THE INDIAN PENAL CODE Section 379, IPC 379 PDF Download IPC, Indian Penal Code (All Chapters, Sections) However, the full circumstances of each case will be considered and a young shoplifter may not be eligible for probation in certain cases. 427 Punishment for committing mischief causing disruption to key service, etc. The court also found that the family members had improper motives to frame her. That being said, if you find yourself being accused of shoplifting, seek legal counsel immediately. b) Hurt or Fear of Hurt Nueva Ley No. Accepted file types: jpg, png, pdf, doc, docx, jpeg, gif, Max. Section 379 in The Indian Penal Code. 2 Punishment of offences committed within Singapore, 3 Punishment of offences committed beyond, but which by law may be tried within Singapore, 4 Jurisdiction over public servants for offences committed outside Singapore, 4A Offences against State and genocide committed outside Singapore by citizen or permanent resident, 4B Punishment of specified offences with elements occurring in Singapore but others occurring outside Singapore, 5 Certain laws not to be affected by this Code, 6 Definitions in this Code to be understood subject to exceptions, 6A Definitions to apply to this Code and other written law, 7 Expression once explained is used in the same sense throughout this Code, 22A "Fault element" and "physical element", 27 Property in possession of spouse, clerk or servant, 32 Words referring to acts include illegal omissions, 34 Each of several persons liable for an act done by all, in like manner as if done by him alone, 35 When such an act is criminal by reason of its being done with a criminal knowledge or intention, 36 Effect caused partly by act and partly by omission, 37 Cooperation by doing one of several acts constituting an offence, 38 Several persons engaged in the commission of a criminal act may be guilty of different offences, 41 Offence with specified term of imprisonment, 43 "Illegal", "unlawful" and "legally bound to do", 72 Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which, 73 Enhanced penalties for offences against domestic workers, 74 Enhanced penalties for racially or religiously aggravated offences, 74A Enhanced penalties for offences against vulnerable persons, 74B Enhanced penalties for offences against person below 14years of age, 74C Enhanced penalties for offences against victims in intimate relationships, 74D Enhanced penalties for offences against victims in close relationships, 76 Act done by person bound, or justified by law, 78 Act done pursuant to the judgment or order of a court of justice, 79 Act done by person by mistake of fact believing himself bound or justified by law, 79A Mistake of law or ignorance of law not defence, 81 Act likely to cause harm but done to prevent other harm, 83 Act of a child of or above 10 and below 12years of age, who has not sufficient maturity of understanding, 86 Effect of defence of intoxication when established, 87 Act not intended and not known to be likely to cause death or grievous hurt, done by consent, 88 Act not intended to cause death done by consent in good faith for the benefit of a person, 89 Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian, 90 Consent given under fear or misconception, by person of unsound mind, etc., and by child, 91 Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections87, 88 and 89, 92 Act done in good faith for the benefit of a person without consent, 94 Act to which a person is compelled by threats, 96 Nothing done in private defence is an offence, 97 Right of private defence of the body and of property, 98 Extent to which right may be exercised. The prosecution appealed against this decision and contended that the second sentence of probation was inappropriate and that the district judge should have ordered reformative training instead. Imprisonment is mandatory. 3) Wrongful Restraint or Fear of Instant Wrongful Restraint. : theft in any building, tent or vessel used as a human dwelling, or for the custody of property. (Amendments to sections 190 and 191 were incorporatet 9 April 2021. 152 Assaulting or obstructing public servant when suppressing riot, etc. Her employment was terminated by the employer when he found out that she was stealing from various members of the family. file size: 5 MB, Max. 466 Forgery of a record of a court of justice, or a public register of births, etc. This is a section 379 offence. While there are many reasons as to why one would shoplift curiosity or mischief, being opportunistic and spur-of-the-moment, revenge (perhaps from an ex-employee), desperation or need, mental illness or disorders, etc. The property must be removed from the owners possession. Section 294A: Keeping lottery office. . Extortion . 467 Forgery of a valuable security or will, 469 Forgery for the purpose of harming the reputation of any person, 470 "A forged document" or "a forged electronic record", 471 Using as genuine a forged document or forged electronic record, 472 Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section467, 473 Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise, 473A Making or possessing equipment for making a false instrument, 473B Making or possessing equipment for making a false instrument with intent to induce prejudice, 474 Having possession of certain document or electronic record known to be forged, with intent to use it as genuine, 475 Counterfeiting a device or mark used for authenticating documents described in section467, or possessing counterfeit marked material, 476 Counterfeiting a device or mark used for authenticating documents or electronic records other than those described in section467, or possessing counterfeit marked material, 477 Fraudulent cancellation, destruction, etc., of a will, 489A Forging or counterfeiting currency or bank notes, 489B Using as genuine forged or counterfeit currency or bank notes, 489C Possession of forged or counterfeit currency or bank notes, 489D Making or possessing instruments or materials for forging or counterfeiting currency or bank notes, 489E Abetting in Singapore counterfeiting of currency out of Singapore, 489F Fraudulently or dishonestly diminishing weight or altering composition of any coin, 489G Altering appearance of currency with intent that it shall pass as currency of different description, 489H Delivery to another of altered currency, 501 Printing or engraving matter known to be defamatory, 502 Sale of printed or engraved substance containing defamatory matter, 504 Intentional insult with intent to provoke a breach of the peace, 505 Statements conducing to public mischief, 507 Criminal intimidation by an anonymous communication, 512 Punishment for attempting to commit offences, Punishment of offences committed within Singapore, Punishment of offences committed beyond, but which by law may be tried within Singapore, Jurisdiction over public servants for offences committed outside Singapore, Offences against State and genocide committed outside Singapore by citizen or permanent resident, Punishment of specified offences with elements occurring in Singapore but others occurring outside Singapore, (1)A specified offence is deemed to have been committed in Singapore where, Certain laws not to be affected by this Code, Revised Editions of Subsidiary Legislation, This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021.
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