section 377 penal code singapore
section 377 penal code singapore
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section 377 penal code singapore
The Buggery Act 1533, formally An Acte for the punysshement of the vice of Buggerie, was an Act of the Parliament of England piloted by Henry VIII's chief minister, Thomas Cromwell. An error occurred while subscribing your email address. [35] Goldsmith had agreed to take the case without pay,[36] but that September was disallowed from arguing the case before the court by Justice V. K. Rajah, as he believed that the legal issues were arguable by domestic lawyers, which is preferred by Singapore law. [1][50], On 21 August 2022, Prime Minister Lee Hsien Loong announced during his National Day Rally speech for 2022 that section 377A would be repealed by the government. SINGAPORE - The Court of Appeal on Monday (Feb 28) ruled that Section 377A of the Penal Code - which criminalises sex between men - stays on the books but cannot be used to prosecute men for . Singapore will repeal Section 377A of the Penal Code It aimed to justify the seizure of the Catholic monasteries and the confiscation of their other rich properties. SINGAPORE - Prime Minister Lee Hsien Loong on Sunday (21 August) announced that Singapore will repeal Section 377A (S377A) of the Penal Code, the deeply divisive law that criminalises sex between men. P.O. Opposition 'missing in action' when it comes to repeal of Section 377A: PM Lee. var part2 = "icj.org"; 388 Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc. The Indian Penal Code in Section 377 criminalises carnal intercourse against the order of nature. In 2018, an Ipsos survey found that 55% of Singapore residents supported retaining Section 377A. Section 377A of the Penal Code is a "major issue" for gay Singaporeans, he said. In 2018, in a landmark judgment, the Indian Supreme Court, read down and effectively abolished Section 377 of the Indian Penal Code, noting that sodomy laws have a 'chilling effect' on individual freedom and that LGBTQ+ individuals "deserve to live a life unshackled from the shadow of being unapprehended felons." Punishment of offences committed within Singapore. Back then, members of parliament . The latter phrase was a new legal concoction, not previously found in British law. - On 24 September 2010, criminal lawyer M. Ravi filed an application in the High Court to challenge the constitutionality of Section 377A on behalf of his client Tan Eng Hong, who was charged for allegedly having oral sex with another consenting adult male in a locked cubicle of a public toilet. 152 Assaulting or obstructing public servant when suppressing riot, etc. We note with disappointment the Singapore Courts observation that Section 377A does not in and of itself generate a chilling effect that stifles advocacy of the prohibited cause or activity, and that the difficulties faced by LGBTQ+ activists stem in large part from general societal attitudes, as opposed to the continued retention of [Section 377A] in particular (at [296] and [297]). The first challenge after India's ruling was filed on 10 September 2018 by Johnson Ong, known by stage name DJ Big Kid, and was based on Article 9 of the Constitution. It is unlikely that people were brought up to the ecclesiastical courts for homosexual behavior alone. We cannot shut our minds to it. In addition, individuals may still be subject to investigations by the police, even if not prosecuted under the law. 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. Help us continue to fight human rights abuses. In 2018 in a landmark judgment the Indian Supreme Court read down and effectively abolished Section 377 of the Indian Penal Code noting that sodomy laws have a chilling effect on individual freedom and that LGBTQ individuals deserve to live a life unshackled from the shadow of being unapprehended . The classic Indian text, Kama Sutra, also dealt without ambiguity or hypocrisy with all aspects of sexual life including marriage, adultery, prostitution, group sex, sadomasochism, male and female homosexuality, and transvestism. 452 House-breaking after preparation made for causing hurt, etc. In its judgement, the Court of Appeal acknowledged the possibility of future enforcement and police investigations and yet through an overly narrow conception of standing and harm concluded that the appellants lacked standing. 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. However, the court fell short of declaring Section 377A unconstitutional. var part1 = "info"; Unnatural sex or sodomy was not defined in the Indian Penal Code drafted by the British. The key difference between the old United Kingdom's version and Singapore's is that the former prosecutes male homosexuals as a whole, regardless of whether . In response, a counter-petition on the website "Keep 377A"[17] was set up to give citizens a channel to voice support for the Government's retention of the law. The Singapore Penal Code, Chapter XVI (Offences Affecting the Human Body), Section 377 (Cap. The bills proposing the repeal of Section 377A of the penal code and the introduction of a new "Institution of Marriage" article in the constitution, will be debated together on November 28 . [2], On 21 August 2022, Prime Minister Lee Hsien Loong announced during the annual National Day Rally that the government intends to repeal Section 377A, effectively ending criminalisation both de facto and de jure. Similarly worded legislation, also under the same numbered section of each country's penal code, that is, "377", as if it were a trademark, was introduced by the British into their other Asian colonies such as India, Pakistan, Hong Kong, Malaya (now Malaysia), Brunei and Burma (now Myanmar) in the late 19th century. The pretext was the alleged sexual immorality of those in the religious vocation. Moreover, Singapores retention of Section 377A lags significantly behind other countries in the Asia-Pacific region, including, for example, Thailand, Vietnam and Cambodia and India, where consensual same-sex relations are not criminalised. It is descended from the Labouchere Amendment. However, on 21 August 2012, the Court of Appeal reversed Lai's decision, ruling that 377A did "affect the lives of a not insignificant portion of [Singaporeans] in a very real and intimate way" and that the case would proceed once again in the High Court. It was added to the Penal Code in 1938 by the colonial government. As one might expect, Section 377A of the Singapore Penal Code was interpreted from Section 11 of the Criminal Law Amendment Act of 1885, otherwise known as the Labouchere Amendment. [6]:20 Both sections were absorbed unchanged into the Singapore Penal Code when the latter was passed by Singapore's Legislative Council on 28 January 1955. The continued criminalisation of consensual male same-sex sexual activity fuels stigma and marginalisation of LGBTQ+ people that has contributed to the impermissible barriers faced by LGBTQ+ activists in expressing themselves both in offline and online spaces. [12], Its original mother statute, Section 377 (since repealed), criminalised any sexual act that went "against the order of nature":[13]. [9], Section 377A was introduced into the Singapore Penal Code in 1938 to criminalise all other non-penetrative sexual acts. For this reason, the Court did not make a determination on the constitutionality of Section 377A. Other ways to share 439 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. Section 377A of the Singapore Penal Code makes it a crime for two consenting male adults to have sex with each other in private. Legal records show that Indian legislators in the 19th and early 20th centuries interpreted "carnal intercourse against the order of nature" between individuals (of all sexes - the law being non-gender specific with its use of the word "whoever") to include anal sex, bestiality and, often after much courtroom deliberation, oral sex as well, namely, any form of sexual intercourse which did not have the potential for procreation. Section 377A of the Penal Code of Singapore is the main remaining piece of legislation which criminalises sex between mutually consenting adult men. Section 377A is a Singaporean law criminalising sex between consenting male adults. Box 1740 There have been several rounds of constitutional challenges against Section 377A before the courts. In the press release, he clarified that the police would still investigate reported offences under Section 377A if the surrounding circumstances so warranted. [18] (The content of the Keep377A.com website was removed in 2009, although its web address remains.). Section 377A of the Penal Code (Singapore) - The extensive disambiguation of this article's title seems undue, as there are no other articles on Sections with this code. The Development of Criminal Law and Criminal Justice in Singapore. The Penal Code (Chapter 224): Chapter XVI: Offences affecting the human body: Sexual offence: Section 377 stated that: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Singapore's Prime Minister Lee Hsien Loong on Sunday said the country will repeal the colonial-era Section 377A of Singapore's Penal Code, thereby decriminalizing gay sex in Singapore, but added . 215 Taking gift to help to recover stolen property, etc. This is a historic day and one that should be celebrated. It criminalised penetrative sex (oral and anal) between two people regardless of gender if the act did not immediately lead to penile-vaginal intercourse which was consider the only form of "natural" sex as it had to potential of procreation. The wording used in the Buggery Act, which included "abominable" (taken from Leviticus in the Bible), in addition to "buggery" (which, by the 13th century, had become associated with sodomy and was later defined by the courts to include only anal penetration and bestiality) and "vice", confirms its religious character. Although it was consensual, he was charged under the former Section 377[9]. However, the court fell short of declaring Section 377A unconstitutional. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. var part3 = ""; Penal Code section 377A. The same tactics had been used 200 years before by Philip IV of France against the Knights Templar. The Buggery Act remained in force until its repeal in 1828. 2019, "Yahoo Singapore" 887 ". (2) A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both. 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.
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