The offence carries a jail term of up to 7 years and a fine. 388 Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc. A sentencing court would generally consider the following factors when deciding how to sentence a shoplifter: Point (4) above, however, carries limited weight if one was caught red-handed. 452 House-breaking after preparation made for causing hurt, etc. These lawyers are selected based on their number of positive reviews and years of experience in this subject you are enquiring about. Act 16 April 2021 No. If the offender, prior to committing the theft, has made preparation to either cause: a) Death or Fear of Death 466 Forgery of a record of a court of justice, or a public register of births, etc. It states that an offender should receive a punishment that is proportional to the offense that has been committed by him. The background of this case involved the theft of wallets from female victims. Section 294A: Keeping lottery office. If an offender proves to be unable to abide by or comply with treatment programmes ordered by the court, and blatantly disregards such programmes, a sentencing court may form the opinion that a term of imprisonment is more appropriate. The High Court found that the prosecution failed to prove beyond a reasonable doubt concerning all four charges brought against her. He already intended to gain a property to which he was not legally entitled or he intended to cause loss to the victim by removing the property out of his possession to which the victim was legally entitled. 3) Voluntary Restitution: Another factor the court considers is if the offender has compensated the victim for monetary damage caused due to the theft. The main focus of this appeal was the fundamental principle of sentencing which is proportionality. Out of possession of a person means that the person who was legally entitled to the property does not have the property anymore. If an accused is found guilty of theft, he/she will be punished according to the provisions of the Indian Penal Code (IPC). Another difference is that the element of dishonest intention is not required in criminal misappropriation as opposed to theft. 373 Buying minor for purposes of prostitution, etc. Home Shoplifting Offence in Singapore - Examples of Mitigating Factors Published January 8, 2018 If you're involved in a shoplifting offence in Singapore, this may relate to a criminal offence under Section 380 of the Penal Code in Singapore which can be punished with imprisonment for a term which may extend to 7 years and also a fine. 2014-2022 First World Problems Pte Ltd. All rights reserved. b) Hurt or Fear of Hurt Section 379 IPC is cognizable and non bailable. Section 294: Obscene acts and songs. typically charges $30 for a first checked bag. No. It states that any person, who dishonestly intends to take any moveable property and moves such property to take it out of the possession of any person, without the consent of the owner of that property, is said to have committed the offense of theft. 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. The appeal by the prosecutor against this decision was dismissed. Will I still be charged with theft if I didn't intend to shoplift? Under section 379 of the Penal Code, offenders may be liable for a fine and/or imprisonment up to 3 years for theft. Such offenders will be punished according to section 382 of the Penal Code. 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. 3. 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, this does not mean that probation will always be ordered in such cases. The property that was once attached but is no longer attached to the earth becomes a moveable property. 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. Nueva Ley No. 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. Singapore. The Development of Criminal Law and Criminal Justice in Singapore. Entry into force: 4 December 2020 and 1 January 2021. 216 Harbouring an offender who has escaped from custody, or whose apprehension has been ordered. 5) Short Detention Order: First-time minor offenders may be detained in prison for a period of up to 14 days. [ Throughout Malaysia--31 March 1976, Act A327 . An Act to consolidate the law relating to criminal offences. We'll do our best to work within your schedule. 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. The offender caused death without premeditation in a sudden fight in the heat of passion upon a sudden quarrel. )), Act 5 March 2021 No. 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. It was added to the Penal Code in 1938 by the colonial government. Section 377A of the Penal Code (Singapore) . 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. Section 378 1) A person commits theft when a person; intends to take dishonestly any movable property out of the possession of any other person without that person's consent and moves that property in order to such taking * Dishonestly - an action done with the intention to cause wrongful gain or loss to a person. The truth about burnout: what are the causes and how to treat it, How to Write a Legally Binding Promissory Note in Singapore, A shopper unwittingly holds on to an item, or innocently forgets to make payment for it, before leaving, The cashier missed out on charging the shopper for a particular item by mistake, The nature and number of the items taken and the total value of those items, Whether restitution was made and/or the items returned, Whether there was premeditation and planning involved, Whether the offender chose to plead guilty at the earliest instance, Whether the shoplifter had committed similar offences previously. Less serious theft may include stealing of low-value properties. The punishment for theft is given under Section 379 of the Indian Penal Code, 1860. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849), 131 Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty, 132 Abetment of mutiny, if mutiny is committed in consequence thereof, 133 Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office, 134 Abetment of such assault, if the assault is committed, 135 Abetment of the desertion of an officer or a serviceman, 137 Deserter concealed on board merchant vessel through negligence of master, 138 Abetment of act of insubordination by an officer or a serviceman, 140B Application of Chapter 7 to Singapore Police Force, 142 Being a member of an unlawful assembly, 144 Joining an unlawful assembly armed with any deadly weapon, 145 Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse, 146 Force used by one member in prosecution of common object, 149 Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object, 150 Hiring, or conniving at hiring, of persons to join an unlawful assembly, 151 Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse. Section 379 IPC is cognizable and non bailable. Free for one month and pay only if you like it. He also clearly address our queries and. Faster access than browser! This was because the appeal court regarded the offenders behaviour of committing the shoplifting offence while on bail as aggravating and indicative of a lack of remorse, contriteness and acknowledgement of earlier wrongdoing. My maid accused me of slapping her and, Mr Baiross is an extremely competent lawyer. Even for temporary removal of the property, later returned to the owner, consent is necessary, otherwise, such action would be a theft. 1) Death or Fear of Instant Death Install. Theft is punishable under Section 379 of the Penal Code with up to 7 years of prison and/or a fine. 215 Taking gift to help to recover stolen property, etc. As the offence is premised on the finding of intention, it is possible to argue that one had had no intention of taking or moving items from a shop dishonestly or without consent. 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. 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, Revised Editions of Subsidiary Legislation. As alluded to above, the motivations for shoplifting can range from that of being less aggravating out of desperation and need (such as shoplifting food items for reasons of being impoverished), to that of being more aggravating out of mischief or revenge (such as to create trouble for an ex-employer). Communication . LEY Sarbanes - EXAMEN Clerk or Servant can also be someone who is employed in the capacity of a clerk or a servant. 2) Community Service Order: For some time, the offender will have to perform supervised community service, if the offender is 16 or above and mentally and physically suited to perform such service. The property removed from the possession of the owner must be without his consent. file size: 5 MB, Max. The offense of criminal misappropriation is committed when a person finds the property of another person neutrally and keeps the property with himself. 268A Communicating false information of harmful thing, 268B Placing or sending thing with intent to cause fear of harm, 268C Placing or sending thing causing fear of harm, 269 Negligent act likely to spread infection of any disease dangerous to life, 270 Intentional or rash act likely to spread infection of any disease dangerous to life, 272 Adulteration of food or drink which is intended for sale, 276 Sale of any drug as a different drug or preparation, 277 Fouling the water of a public spring or reservoir, 279 Rash driving or riding on a public way, 281 Exhibition of a false light, mark or buoy, 282 Conveying person by water for hire in a vessel overloaded or unsafe, 283 Danger or obstruction in a public way or navigation, 284 Rash or negligent conduct with respect to dangerous or harmful substance, 285 Causing or contributing to risk of dangerous fire, 287 Rash or negligent conduct with respect to any machinery in possession or under charge of offender, 288 Negligence in pulling down or repairing buildings, 289 Negligence with respect to any animal, 291 Continuance of nuisance after injunction to discontinue, 292A Possession, distribution, etc., of child sex-doll, 293 Sale, etc., of obscene objects to young person, 298 Uttering words, etc., with deliberate intent to wound the racial feelings of any person, 298A Promoting enmity between different groups on grounds of race and doing acts prejudicial to maintenance of harmony, 301 Culpable homicide by causing the death of a person other than the person whose death was intended, 304 Punishment for culpable homicide not amounting to murder, 304A Causing death by rash or negligent act, 304B Causing death of child below 14 years of age, domestic worker or vulnerable person by sustained abuse, 304C Causing or allowing death of child below 14 years of age, domestic worker or vulnerable person in same household, 305 Abetment of suicide or attempted suicide of minor or person who lacks mental capacity, 306 Abetment of suicide or attempted suicide, 308A Causing death in furtherance of groups object, 308B Concealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutions, 313 Causing miscarriage without womans consent, 314 Death caused by act done with intent to cause miscarriage, 315 Child destruction before, at or immediately after birth, 316 Causing death of a quick unborn child by an act amounting to culpable homicide, 317 Exposure and abandonment of a child below 12years of age by parent or person having care of it, 318 Concealment of birth by secret disposal of dead body, 323 Punishment for voluntarily causing hurt, 323A Punishment for voluntarily causing hurt which causes grievous 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 or means, 327 Voluntarily causing hurt to extort property or to constrain to an 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 to constrain to an illegal act, 330 Voluntarily causing hurt to extort confession or to compel restoration of property, 331 Voluntarily causing grievous hurt to extort confession or to compel restoration of property, 332 Voluntarily causing hurt to deter public servant from his duty, 333 Voluntarily causing grievous hurt to deter public servant from his duty, 334 Voluntarily causing hurt on provocation, 334A Punishment for voluntarily causing hurt on provocation which causes grievous hurt, 335A Allowing neglect, physical or sexual abuse of domestic worker or vulnerable person, 335B Punishment for act which endangers life or personal safety of others with knowledge or belief that it is likely to cause death, 336 Punishment for act which endangers life or the personal safety of others, 337 Causing hurt by an act which endangers life or the personal safety of others, 338 Causing grievous hurt by an act which endangers life or the personal safety of others, 345 Wrongful confinement of person for whose liberation a writ has been issued, 347 Wrongful confinement for the purpose of extorting property or constraining to an illegal act, 348 Wrongful confinement for the purpose of extorting confession or of compelling restoration of property, 352 Punishment for using criminal force otherwise than on grave and sudden provocation, 353 Using criminal force to deter a public servant from discharge of his duty, 354 Assault or use of criminal force to a person with intent to outrage modesty, 354A Outraging modesty in certain circumstances, 355 Assault or criminal force with intent to dishonour otherwise than on grave and sudden provocation, 356 Assault or criminal force in committing or attempting to commit theft of property carried by a person, 357 Assault or criminal force in attempting wrongfully to confine a person, 358 Assaulting or using criminal force on grave and sudden provocation, 364 Kidnapping or abducting in order to murder, 365 Kidnapping or abducting with intent secretly and wrongfully to confine a person. IPC 379 Section - Punishment for theft Indian Penal Code IPC 379 Section Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 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. For instance, theft is defined in section 378 of the Code, and section 379 makes simple theft . 427 Punishment for committing mischief causing disruption to key service, etc. 375 rape 376 sexual assault involving penetration 376a sexual penetration of minor below 16 years of age 376aa exploitative sexual penetration of minor of or above 16 but below 18 years of age 376b commercial sex with minor below 18 years of age 376c commercial sex with minor below 18 years of age outside singapore 376d tour outside singapore for Singapore Government to repeal Section 377A, a penal code that criminalises gay sex between men. 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. 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. First-time offenders with minor offenses may be punished by community-based sentencing instead of imprisonment or fine. The section deals with stealing property belonging to another person. theft is defined in section 378 of the Code, and section 379 makes simple theft . 4) Mandatory Treatment Order: Offenders who suffer from mental conditions that contributed to the offense of theft, will have to undergo psychiatric treatment for a period of up to 3 years. Generally, it would be fair to state that the act of shoplifting can hardly be said to be excused or justified even in the most desperate of circumstances. 452 House-breaking after preparation made for causing hurt, etc. The Indonesian national had worked as a domestic worker for 9 years in a household consisting of five members. According to section 380 of Indian penal code, Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall . According to Section 379 IPC: Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Download Unionpedia on your Android device! It may be said that if a shopper holds on to the item within the confines of a shop before making payment, this is done with the shop-owners consent. Cf. 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. Extortion has been defined under Section 383 of the Indian Penal Code, 1860. 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. 217 Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture, 218 Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture, 219 Public servant in a judicial proceeding making an order, etc., which he knows to be contrary to law, 220 Commitment for trial or confinement by person having authority who knows he is acting contrary to law, 221 Intentional omission to apprehend on the part of a public servant bound by law to apprehend, 222 Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice, 223 Escape from confinement negligently suffered by a public servant, 224 Resistance or obstruction by a person to his lawful apprehension, 225 Resistance or obstruction to the lawful apprehension of another person, 225A Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for, 225B Resistance or obstruction to lawful apprehension, or escape, or rescue, in cases not otherwise provided for, 225C Offences against laws of Singapore where no special punishment is provided, 228 Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding, 256 Having possession of an instrument or material for the purpose of counterfeiting a Government stamp, 257 Making or selling an instrument for the purpose of counterfeiting a Government stamp, 259 Having possession of a counterfeit Government stamp, 260 Using as genuine a Government stamp known to be counterfeit, 261 Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause loss to Government, 262 Using a Government stamp known to have been before used, 263 Erasure of mark denoting that stamp has been used.