(a)Any man who has carnal knowledge of a woman with or without her consent who is to his knowledge his grand-daughter, daughter, sister, half-sister or mother (whether such relationship is or is not traced through lawful wedlock); or
Section history
Section 376A — Sexual penetration of minor below 16 years of age
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 376A — Original text to 1 February 2008superseded
(b)any woman of or above the age of 16 who with consent permits her grandfather, father, brother, half-brother or son (whether such relationship is or is not traced through lawful wedlock) to have carnal knowledge of her (knowing him to be her grandfather, father, brother, half-brother or son, as the case may be),
is said to commit “incest”.
Section 376A — From 1 February 2008 (current)rewritten by Penal Code (Amendment) Act 2007
(1)Any person (A) who —
(a)penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under2021below2021 16 years of age (B);
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if a man2020) or anything else, the vagina or anus, as the case may be, of a person under2021below2021 16 years of age (B);
(c)causes a man under2021below2021 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d)causes a person under2021below2021 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if a man2020) or anything else, the vagina or anus, as the case may be, of any person including A or B,
with or without B’s consent, 2020shall be guilty of an offence.
(1A)This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1)(b) read with section 375(3), 375(1A)(a), 375(1A)(b) read with section 375(3), 376(1)(a), 376(1)(b) read with section 376(4), 2022376(2) (if the victim B is of or above 14 years of age) or 376(2) (if the victim B is below 14 years of age) read with section 376(4).
(1B)To avoid doubt —
(a)it is not necessary for the prosecution to prove that B did consent to an act of penetration mentioned in subsection (1); and
(b)it is not a defence that B did consent to that act.
Subsection (2) — Original text to 1 January 2020superseded
(2)Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
Subsection (2) — From 1 January 2020 (current)restructured by Criminal Law Reform Act 2019
(2)Whoever commits an offence under this section against a person (B) who is of or above 14 years of age but below 16 years of age —
(a)in a case where the offender is in a relationship that is exploitative of B, shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning; and
(b)in any other case, shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
(3)Whoever commits an offence under this section against a person (B) who is under2021below2021 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
(4)No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse.
Subsection (5) — Original text to 1 January 2020superseded
(5)No man shall be guilty of an offence under subsection (1)(a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence —
(a)his wife was living apart from him ––2008—2008
(i)under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;
(ii)under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;
(iii)under a judgment or decree of judicial separation; or
(iv)under a written separation agreement;
(b)his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;
(c)there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;
(d)there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or
(e)his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.
[UK SOA 2003, ss. 6, 8; SPC 1985 Ed., s. 375(e) (read with s. 376(1) (repealed)); SPC 1985 Ed., s. 375; Malaysia PC 2006 Ed., s. 375]
Subsection (5) — From 1 January 2020 (current)repealed by Criminal Law Reform Act 2019
(5)[Deleted by Act 15 of 2019 wef 01/01/2020]
[UK SOA 2003, ss. 6, 8; SPC 1985 Ed., s. 375(e) (read with s. 376(1) (repealed)); SPC 1985 Ed., s. 375; Malaysia PC 2006 Ed., s. 375]