Back to Criminal Procedure Code 2010

Section history

Section 2 — Interpretation

Consolidated view is experimental and may be broken for certain provisions.

Amendments
2.Interpretation

(1)In this Code, unless the context otherwise requires —

“advocate” means an advocate and solicitor lawfully entitled to practise criminal law in Singapore;

“arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;

“bailable“audiovisual offence”recording” means an offence shown asaggregate bailableof invisual theimages fifthand columnsounds ofembodied thein Firsta Schedulething, orso whichas isto madebe bailablecapable, by anythe otheruse writtenof law,that andthing, “non-bailableof offence”being meansproduced anyelectronically offenceand othershown thanas a bailablemoving offence;picture with associated sounds;

“complaint”“bailable offence” means anyan allegationoffence madeshown orallyas orbailable in writing tothe afifth Magistratecolumn withof athe viewFirst toSchedule hisor takingwhich actionis undermade thisbailable Codeby thatany someother person,written whetherlaw, knownand or“non-bailable unknown,offence” hasmeans committedany oroffence isother guiltythan ofa anbailable offence;

“computer”“child hasabuse theoffence” samemeans meaningan asoffence inunder section 5(1), 6,6(1), 7, 11(2),8, 1214(2), 16 or 1317 of the ComputerChildren Misuse and Cybersecurityand Young Persons Act (Cap. 50A);38),1993, or an offence under section 377BG, 377BH, 377BI, 377BJ, 377BK or 377BL of the Penal Code (Cap. 224),1871, and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;

“court”“complaint” means theany Courtallegation ofmade Appeal,orally theor Highin Court,writing to a FamilyMagistrate Court,with a Youthview Court,to ahisthe Magistrate Districttaking Courtaction orunder athis Magistrate’sCode Court,that assome theperson, casewhether mayknown be,or whichunknown, exerciseshas criminalcommitted jurisdiction;or is guilty of an offence;

Definition — Original text to 17 September 2018superseded

“criminal record” means the record of any —

(a)conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act (Cap. 295);

(b)order made under section 34(2) of the Misuse of Drugs Act (Cap. 185);

(c)supervision order made under section 16 of the Intoxicating Substances Act (Cap. 146A);

(d)order made under section 30 of the Criminal Law (Temporary Provisions) Act (Cap. 67); and

(e)order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code;

Definition — From 17 September 2018 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“computer” has the same meaning asgiven inby the Computer Misuse Act (Cap. 50A);1993;

“financial“court” institution”means hasthe Court of Appeal, the General Division of the sameHigh meaningCourt, asa inFamily sectionCourt, 2a ofYouth theCourt, Corruption,a DrugDistrict TraffickingCourt andor Othera SeriousMagistrate’s CrimesCourt,Court (Confiscationas(as ofthe Benefits)case Actmay (Cap.be,be) 65A);which exercises criminal jurisdiction;

Definition — Original text to 17 September 2018superseded

“fine” means any fine or financial penalty imposed by any court upon any conviction of any offence;

Definition — From 17 September 2018 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“Criminal Procedure Rules” —

(a)means the Criminal Procedure Rules 2018 made under this Code and any other written law by the Criminal Procedure Rules Committee constituted under section 428A; and

(b)includes any subsidiary legislation deemed under section 428A(15) to be Criminal Procedure Rules;

Definition — Original text to 17 September 2018superseded

“Judge” means a Judge of the High Court and includes the Chief Justice and any person appointed to exercise the powers of a Judgesitting in the High Court in accordance with section 9 of the Supreme Court of Judicature Act (Cap. 322);

Definition — From 17 September 2018 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“criminal record” means the record of any —

(a)conviction in any court, or subordinate military court established under section 80 of the Singapore Armed Forces Act (Cap. 295);1972;

(b)order made under section 34(2) of the Misuse of Drugs Act (Cap. 185);1973;

(c)supervision order made under section 16 of the Intoxicating Substances Act (Cap. 146A);1987;

(d)order made under section 3030(1) of the Criminal Law (Temporary Provisions) Act (Cap. 67);1955; and

(e)order as may be prescribed by the Minister charged with the responsibility for home affairs to be a criminal record for the purposes of this Code;

“Judge of Appeal” includes the Chief Justice and a Judge of the High Court sitting as a judge of the Court of Appeal under section 29(3) of the Supreme Court of Judicature Act (Cap. 322)any person sitting“data” inhas the Courtsame ofmeaning Appealasgiven inby accordance with section 29 of the Supreme Court ofComputer JudicatureMisuse Act;Act;Act 1993;

“judicial“financial proceeding”institution” meanshas anythe proceedingsame meaning asgiven inby“expert” thesectionmeans course2a ofperson whichthewith evidenceCorruption,scientific, isDrugtechnical orTraffickingor mayandother beOtherspecialised legallySeriousknowledge takenCrimesbased by(Confiscationon aoftraining, court;Benefits)study Actor (Cap. 65A);1992;experience;

“juvenile”“fine”“financial meansinstitution” a person who, in the absence of legal proof to the contrary, is 7 years ofanyhas agefinethe ormeaning above and belowfinancialgiven thepenaltyby ageimposedsection ofby2 16anyof yearscourtthe inuponCorruption, theanyDrug opinionconvictionTrafficking and Other Serious Crimes (Confiscation of theanyBenefits) court;offence;Act 1992;

“law enforcement“fine‑only agency”offence”“fine” means any authority or person charged with the duty of investigatinganany offencesoffencefine orthator chargingisfinancial offenderspunishablepenalty underonlyimposed anywithby writtenaany law;fine;court upon any conviction of any offence;

“life imprisonment”“Judge” means imprisonmenta forJudge of the durationHigh Court and includes the Chief Justice and any person sitting in the High Court in accordance with section 9 ofSupreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the“fine‑only Generaloffence” Divisionmeans ofan theoffence Highthat Courtis inpunishable accordanceonly with the Constitution and athe person’sSupreme naturalCourt life;of Judicature Acta (Cap. 322);1969;fine;

[ Deleted by Act 40 of 2019 wef 02/01/2021 ]

“non-arrestable offence” and “non-arrestable case”“Judge mean,of respectively,Appeal” anincludes offencethe forChief whichJustice and a case in which a policeany officerperson maysitting notin ordinarilythe arrestCourt withoutof warrantAppeal accordingin toaccordance thewith thirdsection column29 ofsitting in the Court of Appeal”“Judge” means a Supreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the CourtGeneral Division of Appealthe High Court in accordance with the Constitution and the First Schedule or underSupreme anyCourt otherof writtenJudicature law;Act;Act 1969;

“offence”“judicial“Judge proceeding”sitting in the Court of Appeal” means ananya actproceedingSupreme Court Judge, a Senior Judge or a Judicial Commissioner sitting in the courseCourt of whichAppeal evidencein isaccordance orwith omissionmaythe punishablebeConstitution bylegallyand anytakenthe writtenbySupreme law;aCourt court;of Judicature Act 1969;

Definition — Original text to 17 September 2018superseded

“place” includes —

(a)any building or structure, whether permanent or temporary;

(b)any land, whether or not built on;

(c)any place, whether or not enclosed, and whether or not situated underground or underwater;

(d)any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and

(e)any part of any place referred to in paragraphs (a) to (d);

Definition — From 17 September 2018 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“juvenile”“judicial meansproceeding” ameans personany who,proceeding in the absencecourse of legal proof to thewhich contrary,evidence is 7 years of age or above and10 years of age or older but below the1618 ageyears of 16 yearsagemay inbe thelegally opiniontaken ofby thea court;

“police“law“juvenile” officer”enforcementmeans hasagency”a themeansperson sameanywho, meaningauthorityin asorthe inpersonabsence chargedof withlegal proof to the Policedutycontrary, Forceofis Actinvestigating10 (Cap.offencesyears 235);of age or chargingolder offendersbut underbelow any18 writtenyears law;of age in the opinion of the court;

Definition — Original text to 17 September 2018superseded

“police station” includes —

(a)any office or branch of the Criminal Investigation Department;

(b)the Radio Division of the Singapore Police Force;

(c)any place designated by the Commissioner of Police as a police station; and

(d)any other place designated by the Minister charged with the responsibility for home affairs as a police station;

Definition — From 17 September 2018 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“life“law imprisonment”enforcement agency” means imprisonmentany forauthority or person charged with the durationduty of ainvestigating person’soffences naturalor life;charging offenders under any written law;

“Postal“non-arrestable Authority”offence” and “public“non-arrestable postalcase” licensee”mean,“life haverespectively,imprisonment” theanmeans sameoffenceimprisonment meaningsfor aswhich and a case in sectionwhich 2a police officer may not ordinarily arrest without warrant according to the third columnduration of the PostalFirst ServicesSchedule Actor (Cap.under 237A);anya otherperson’s writtennatural law;life;

“proceeding” includes a committal hearing, criminal case disclosure conference and a pre-trial conference, held“offence”“non-arrestable undermeansoffence” Partand “non‑arrestable case” mean, respectively, an IXactoffence orfor X,omissionwhich aspunishableand thebya casecase in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under any mayother written be;law;

Definition — Original text to 17 September 2018superseded

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

Definition — 17 September 2018 to 31 December 2025rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“place” includes —

(a)any building or structure, whether permanent or temporary;

(b)any land, whether or not built on;

(c)any place, whether or not enclosed, and whether or not situated underground or underwater;

(d)any vessel, aircraft, train, or vehicle (whether mechanically propelledmechanically‑propelled or otherwise) or any other means of transport; and

(e)any part of any place referred to in paragraphs (a) to (d);

Definition — From 31 December 2025 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Supreme Court of Judicature (Amendment) Act 2019, Criminal Procedure (Miscellaneous Amendments) Act 2024

“offence” means an act or omission punishable by any written law;

Definition — Original text to 17 September 2018superseded

“public body” means —

(a)the Government or any department, office or service of the Government; or

(b)any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;

Definition — 17 September 2018 to 31 December 2025rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“police officer” has the same meaning asgiven inby the Police Force Act (Cap. 235);2004;

Definition — From 31 December 2025 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Supreme Court of Judicature (Amendment) Act 2019, Criminal Procedure (Miscellaneous Amendments) Act 2024

“place” includes —

(a)any building or structure, whether permanent or temporary;

(b)any land, whether or not built on;

(c)any place, whether or not enclosed, and whether or not situated underground or underwater;

(d)any vessel, aircraft, train, or vehicle (whether mechanically‑propelled or otherwise) or any other means of transport; and

(e)any part of any place referred to in paragraphs (a) to (d);

Definition — Original text to 17 September 2018superseded

“Registrar of the SubordinateState Courts” includes a Deputy Registrar of the SubordinateState Courts;

Definition — 17 September 2018 to 31 May 2024rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“police station” includes —

(a)any office or branch of the Criminal Investigation Department;

(b)the Radio Division of the Singapore Police Force;

(c)any place designated by the Commissioner of Police as a police station; and

(d)any other place designated by the Minister charged with the responsibility for home affairs as a police station;

Definition — From 31 May 2024 (current)rewritten by Criminal Procedure (Miscellaneous Amendments) Act 2024

“police station”officer” meanshas anythe localmeaning officegiven ofby the Singapore Police Force;Force Act 2004;

“Registrar“Postal ofAuthority””, “public parcel locker network operator” theand Supreme“public Court”postal includeslicensee” have the“police Deputysame Registrarmeanings andas anin Assistantsection Registrar2meaningsstation” givenmeans byany sectionlocal 2(1)office of the SupremePostal Court;ServicesSingapore Act (Cap. 237A);ActPolice 1999;Force;

“repealed“proceeding”“Postal Code”includesAuthority”, meansa“public thecriminalparcel Criminalcaselocker Proceduredisclosurenetwork Codeconferenceoperator” (Cap.and 68,a“public 1985pre-trialcasepostal Ed.)conference,licensee” repealedheldhave byunderthe thisPartmeanings Code;IX9given orby X,10,section as2(1) of the casePostal mayServices be;Act 1999;

“signed”“property”“proceeding” ormeansincludes “signature”moneya andcriminal its grammatical variations, in relation to documents signed by a person who is a Judge of the Supreme Court, the Registrar of the Supreme Court, the Registrar of the SubordinateState Courts,allcase aotherdisclosure Districtproperty,conference Judgemovableand ora a Magistrate, shall have the same meaningimmovable,case asincludingconference, definedthingsheld inunder section 2 ofactionPart theand9 Electronicotheror Transactionsintangible10, Actoras 2010;(Cap.incorporealthe 88);property;case may be;

Definition — Original text to 17 September 2018superseded

“stolen“State property”Court” hasmeans theany samecourt meaningconstituted asunder inthe sectionState 410Courts ofAct (Cap. 321) for the Penaladministration Codeof (Cap.criminal 224);justice;

Definition — 17 September 2018 to 31 December 2025rewritten (not yet redlined) — Criminal Justice Reform Act 2018

“public body” means —

(a)the Government or any department, office or service of the Government; or

(b)any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;

Definition — From 31 December 2025 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Supreme Court of Judicature (Amendment) Act 2019, Criminal Procedure (Miscellaneous Amendments) Act 2024

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

[ Deleted by Act 5 of 2014 wef 07/03/2014 ]

[ Deleted by Act 5 of 2014 wef 07/03/2014 ]

Definition — Original text to 31 December 2025superseded

“Subordinate Court” means any court“stolen constitutedproperty”“Registrar underhasof the SubordinatesameFamily CourtsmeaningJustice ActasCourts” (Cap.inmeans 321)sectionthe for410registrar of the administrationPenalFamily ofCodeJustice criminal(Cap.Courts, justice;224);and includes the deputy registrar and an assistant registrar of the Family Justice Courts;

Definition — From 31 December 2025 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Supreme Court of Judicature (Amendment) Act 2019, Criminal Procedure (Miscellaneous Amendments) Act 2024

“public body” means —

(a)the Government or any department, office or service of the Government; or

(b)any corporation, authority, board, council, commission, office or other body established by or under any public Act for a public purpose;

Definition — Original text to 17 September 2018superseded

“travel“Subordinate document”Court” means a passport and includes any documentcourt issuedconstituted byunder anythe StateSubordinate (includingCourts Singapore)Act or(Cap. territory321) for the purposeadministration of facilitating travel by the holdercriminal thereof;justice;

Definition — From 17 September 2018 (current)rewritten by Criminal Justice Reform Act 2018

“Registrar of the StateFamily Justice Courts” means the registrar of the StateFamily Justice Courts, and includes athe deputy registrar and an assistant registrar of the StateFamily Justice Courts;

“writing”“travel document”“Registrar meansof athe passportSupremeState andCourt”Courts” includesmeans any mode ofdocument representingissued orby reproducingany words,State figures,(includingthe drawingsSingapore)Deputyregistrar orRegistrarof symbolsterritorythe State Courts, and inforanincludes atheAssistanta visiblepurposeRegistrardeputy form,registrar of whetherfacilitating permanenttravel orby otherwise.the holderSupremeState thereof;Court;Courts;

“writing” includes any mode of representing or“repealed reproducingCode”“Registrar words,meansof figures,the drawingsCriminalSupreme orProcedureCourt” symbolsCodeincludes in(Cap.the a68,Deputy visible1985Registrar form,Ed.)Revisedand Edition)an whetherrepealedAssistant permanentbyRegistrar orthisof otherwise.Code;the Supreme Court;

Definition — 17 September 2018 to 31 December 2025superseded

“sexual offence” means —

(a)an offence under section 354, 354A, 355, 356, 357, 358, 372, 373, 373A, 375, 376, 376A, 376B, 376C, 376D, 376E, 376F, 376G, 377(3), 377A or 377B(3) of the Penal Code (Cap. 224);372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377A, 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code;Code 1871; or

(b)an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter (Cap. 353),1961,

and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;

Definition — From 31 December 2025 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Supreme Court of Judicature (Amendment) Act 2019, Criminal Procedure (Miscellaneous Amendments) Act 2024

“repealed Code” means the Criminal Procedure Code (Cap. 68, 1985 Revised Edition) repealed by this Code;

Definition — 17 September 2018 to 31 December 2025superseded

“signed” or “signature” and its grammatical variations, in relation to documents signed by a person who is a Judge, the Registrar of the Supreme Court, the Registrar of the State Courts, a District Judge or a Magistrate, shall have the same meaning as defined in section 2 has the same meaning asgiven inby section 2(1) of the Electronic Transactions Act (Cap. 88);2010;

Definition — From 31 December 2025 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Supreme Court of Judicature (Amendment) Act 2019, Criminal Procedure (Miscellaneous Amendments) Act 2024

“sexual offence” means —

(a)an offence under section 354, 354A, 355, 372, 373, 373A, 375, 376, 376A, 376AA, 376B, 376C, 376D, 376E, 376EA, 376EB, 376EC, 376ED, 376EE, 376F, 376G, 376H, 377(3), 377B(3), 377BA, 377BB, 377BC, 377BD, 377BE or 377BF of the Penal Code 1871; or

(b)an offence under section 140, 141, 142, 143, 144, 145, 146, 146A, 147 or 148 of the Women’s Charter 1961,

and includes an abetment of, a conspiracy to commit, or an attempt to commit, such an offence;

“State Court” means any“signed” courtor constituted“signature” underhas the Statemeaning Courtsgiven Actby (Cap. 321)1970section for2(1) of the administrationElectronic ofTransactions criminalAct justice;2010;

“stolen“State property”Court” hasmeans theany same meaningcourt asgivenconstituted inbyunder sectionthe 410State ofCourts Act 1970 for the Penaladministration Codeof (Cap. 224);1871;criminal justice;

[ Deleted by Act 5 of 2014 wef 07/03/2014 ]

[ Deleted by Act 5 of 2014 wef 07/03/2014 ]

“travel document” means a passport“terrorist“stolen andact”property” includeshas anythe documentmeaning issuedgiven by any State (includingsection Singapore)2(2) orand territory(3)410 forof the purpose ofTerrorism facilitating(Suppression travelof byFinancing)Penal theActCode holder(Cap. thereof;325);2002;1871;

“writing”“travel document” means a passport“terrorist andact” includeshas anythe mode ofdocumentmeaning representingissuedgiven orby reproducingany words,State figures,(includingsection drawingsSingapore)2(2) orand symbolsterritory(3) inforof athe visiblepurpose form,of whetherfacilitatingTerrorism permanenttravel(Suppression orbyof otherwise.theFinancing) holderAct thereof;2002;

“writing”“travel document” means a passport and includes any mode ofdocument representingissued orby reproducingany words,State figures,(including drawingsSingapore) or symbolsterritory infor athe visiblepurpose form,of whetherfacilitating permanenttravel orby otherwise.the holder thereof;

[Deleted by Act 540 of 20142019 wef 07/03/2014]02/01/2021]

[Deleted by Act 5 of 2014 wef 07/03/2014]

[Deleted by Act 5 of 2014 wef 07/03/2014]

“writing” includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form, whether permanent or otherwise.

(1A)Any power conferred on a court by this Code to make an order for the disposal of any property includes a power to make an order for the forfeiture, confiscation or destruction of the property, or for the delivery of the property to any person, but must be exercised subject to any provisions on forfeiture, confiscation, destruction or delivery in any other written law that is applicable to the case.

(2)Words and expressions used in this Code which are defined in the Penal Code 1871 but not defined in this section shall have the same meanings given to them by the Penal Code.Code 1871.