Singapore

REGISTRATION OF CRIMINALS ACT

(CHAPTER 268)

Base Versions Ordinance 20 of 1949 →1970 Ed. Cap. 119 → REVISED EDITION 1985

Amended By 2 of 1953 → 12 of 1954 → 54 of 1959 → 72 of 1959 → 14 of 1969 → 17 of 1980 → S 6/56 → S (NS) 177/59 → S (NS) 178/59 → S (NS) 179/59 → S 188/61 → S 114/62 → S 206/66 → S 9/87 → S 337/87 → 10 of 1989 → 15 of 1995 → 7 of 1997 → 20 of 1998 → 46 of 1998 → 45 of 2002 → 4 of 2003 → 20 of 2005 → 2 of 2006 → S 374/2007 → 4 of 2007 → 22 of 2007 → S 32/2008 → 31 of 2008 → S 548/2009

An Act to provide for the registration of criminals.

[29th June 1949]

PART IV

TAKING OF BODY SAMPLES

Interpretation of this Part

13A (1) In this Part:

“appropriate consent” means: (a) in relation to a person who has attained the age of 16 years, the consent in writing of that person; (b) in relation to a person who has not attained the age of 16 years but has attained the age of 14 years, the consent in writing of both that person and of his parent or guardian; and (c) in relation to a person who has not attained the age of 14 years, the consent in writing of his parent or guardian, given to the authorized officer in charge of the case after the person concerned or his parent or guardian (as the case may be) has been informed by the authorized officer of the purpose for which a body sample is required from such person and the manner by which such body sample is to be taken from him;

“authorized analyst” means a person appointed by the Commissioner of Police to be an analyst for the purposes of this Part;

“body sample” means :(a) a sample of blood; (b) a sample of head hair, including the roots thereof; (c) a swab taken from a person’s mouth; or (d) such other sample as may be prescribed under subsection (2);

“intimate sample” means any body sample that is obtained by means of any invasive procedure;

“registered medical practitioner” has the same meaning as in the Medical Registration Act (Cap. 174) and includes a dentist registered under the Dental Registration Act (Cap. 76);

“volunteer” means a person who voluntarily gives his consent under section 13D for the taking of a body sample from him.

(2) Subject to subsections (3) and (4), the Minister may prescribe additional types of body samples that may be taken under this Part.

(3) The additional types of body samples that may be prescribed under subsection (2) shall not include body samples to be obtained from: (a) the genital or anal area of a person’s body; (b) a person’s body orifice other than the mouth; or (c) the breasts of a woman.

(4) Where the Minister prescribes an intimate sample under subsection (2) as an additional type of body sample which may be taken under this Part, the provisions of section 13C (which requires consent for the taking of a sample of blood) shall apply in respect of the taking of such intimate sample in the same manner as they apply in respect of the taking of a sample of blood.

Body samples may be taken from arrested persons, convicted persons and prisoners

13B (1) Subject to the provisions of this Part, a body sample may be taken for forensic DNA analysis from any person who, on or after the date of commencement of the Registration of Criminals (Amendment) Act 2002: (a) is arrested and accused of a crime; (b) is convicted of a crime; or (c) is serving his term of imprisonment in connection with a crime of which he has been convicted.

(2) A body sample may be taken from a person under subsection (1) in addition to any photograph or finger impression taken under Part III.

Consent for taking of blood sample

13C (1) No sample of blood shall be taken from a person who is arrested and accused of a crime unless the appropriate consent is given for the taking of the sample.

(2) If the appropriate consent required under subsection (1) for the taking of a sample of blood from a person is refused without good cause or cannot be obtained despite all reasonable efforts, that person may be taken before a Magistrate and the Magistrate may, if satisfied that there is reasonable cause to believe that the sample may confirm or disprove whether that person was involved in committing the crime, order that the person provide the sample required.

(3) Where it is shown that the appropriate consent required under subsection (1) for the taking of a sample of blood from a person was refused without good cause, the court, in determining: (a) whether to commit that person for trial in connection with the crime of which he is accused of committing; (b) whether there is a case to answer against that person; or (c) whether that person is guilty of the crime with which he has been charged, may draw such inference from the refusal as it thinks proper and, based on such inference, may treat the refusal as corroboration or amounting to corroboration of any relevant evidence against that person.

Body samples given voluntarily

13D (1) Subject to subsections (2) and (3), any person who: (a) was present at the scene of a crime when it was committed; or (b) is being questioned in connection with the investigation of a crime, may voluntarily consent to a body sample being taken from him for forensic DNA analysis.

(2) No body sample shall be taken from a volunteer under subsection (1) unless the appropriate consent is given for the taking of the sample.

(3) Notwithstanding subsection (2), if the consent of the parent or guardian of a volunteer who is below the age of 16 years is refused without good cause or cannot be obtained despite all reasonable efforts but the volunteer is still willing to give the body sample, the body sample may be taken from the volunteer with the sanction of a Magistrate.

Taking and analysis body samples

13E (1) For the purpose of this Part, a body sample may only be taken by: (a) a registered medical practitioner; (b) an authorized officer who has received training for the purpose; or (c) any other suitably qualified or trained person who is authorized by the Commissioner of Police for the purpose.

(2) Before taking any body sample under this Part, the person authorized under subsection (1) to take the sample must satisfy himself that the taking of the sample does not endanger the person from whom it is to be taken.

(3) The fact that a body sample has been taken under this Part shall be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police.

(4) Everybody sample taken under this Part shall be sent to an authorized analyst for forensic DNA analysis.

(5) Where a person from whom a body sample is lawfully required under this Part refuses, without reasonable excuse, to give the sample or to allow the sample to be taken from him, or otherwise hinders or obstructs the taking of the sample from him: (a) that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and (b) the person authorized under subsection (1) to take the sample may, with such assistance as is required, use such force as is reasonably necessary for the purposes of taking the sample.

DNA database

13F. (1) The Registrar shall maintain (whether in computerized form or otherwise) a DNA database in which shall be stored all DNA information derived from a body sample taken from a person under this Part.

(2) Any information stored in the DNA database may be used for any of the following purposes: (a) for forensic comparison with any other DNA information in the course of an investigation of an offence conducted by a police officer; (aa) for comparison with DNA information in the DNA database established under: (i) section 27C of the

Criminal Law (Temporary Provisions) Act (Cap. 67); (ii) section 26D of the Intoxicating Substances Act (Cap. 146A); or (iii) section 40D of the Misuse of Drugs Act (Cap. 185); (b) for any proceedings for any offence; (c) for administering the DNA database for the purposes of this Part; and (d) for such other purposes as may be prescribed.

Removal of DNA information from register upon acquittal or discharge, etc.

13G. Where any body sample has been taken under section 13B (1) (a) from a person who is under arrest and accused of a crime, or under section 13D from a volunteer, and: (a) investigations reveal that he was not involved in the commission of any crime or, in the case of a volunteer, he is not suspected of committing any crime; (b) it is decided that he shall not be charged with any crime and he has neither admitted to, nor been dealt with by way of being cautioned by any police officer in respect of any crime; (c) the charge or all the charges against him in respect of any crime or crimes (as the case may be) is or are withdrawn; (d) he is discharged by a court before conviction of the crime or of all the crimes (as the case may be) with which he has been charged; (e) he is acquitted of the crime or of all the crimes (as the case may be) with which he has been charged, at trial or on appeal; or (f) he is subsequently convicted of the crime but the Commissioner of Police directs under section 7 that he need not be registered under Part II, the authorized officer in charge of the case shall immediately inform the Registrar of the occurrence of the relevant event and the Registrar shall immediately remove the DNA information of that person from the DNA database.

13H. The Registrar shall remove from the register and from the DNA database the registrable particulars and DNA information of any person: (a) whose death has been registered under the Registration of Births and Deaths Act (Cap. 267); or (b) who, the Registrar is satisfied, has attained 100 years of age.

FIRST SCHEDULE

REGISTRABLE CRIMES

PART I

OFFENCES UNDER THE PENAL CODE INCLUDED BEFORE 1ST FEBRUARY 2008

Offences
Chapter VI, the whole	Against the state.
Sections 131-136	Relating to the armed forces.
Section 226	Unlawful return from banishment.
Chapter XII, the whole	Relating to coins and stamps.
Sections 302, 304-308	Affecting life.
Sections 312-318	Relating to birth.
Sections 363-373A	Kidnapping, slavery.
Sections 376-377A	Rape, unnatural offences, outrages on decency.
Sections 379-424	Theft, cheating, etc.
Sections 429-433, 435-440	Mischief.
Sections 447-462	Trespass, house-breaking, etc.
Sections 465-477A	Forgery.
Sections 489A-489D	Relating to currency notes and bank notes.
Chapters V and VA and section 511	Abetment of, conspiracy to commit and attempt to commit any of the above.

PART IA

OFFENCES UNDER THE PENAL CODE INCLUDED WITH EFFECT FROM 1ST FEBRUARY 2008

Section 130E	Genocide.
Section 241A	Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be counterfeit.
Section 254A	Delivery to another of current coin as genuine, which when first possessed the deliverer did not know to be altered.
Section 363A	Abduction.
Section 364A	Kidnapping or abducting in order to compel the Government, etc.
Section 375	Rape (as re-enacted with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Section 376	Sexual assault by penetration.
Section 376A	Sexual penetration of minor under 16.
Section 376B	Commercial sex with minor under 18.
Section 376C	Commercial sex with minor under 18 outside Singapore.
Section 376D	Tour outside Singapore for commercial sex with minor under 18.
Section 376E	Sexual grooming of minor under 16.
Section 376F	Procurement of sexual activity with person with mental disability.
Section 376G	Incest (as re-enacted with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Section 377	Sexual penetration of corpse.
Section 377B(4)	Causing another person to sexually penetrate a living animal or be sexually penetrated by a living animal.
Section 473A	Making or possessing equipment for making a false instrument.
Section 473B	Making or possessing equipment for making a false instrument with intent to induce prejudice.
Chapters V and VA and section 511	Abetment of, conspiracy to commit and attempt to commit any of the above.

PART II

OFFENCES UNDER OTHER LAWS

Armed Offences Act	Sections 3 to 8.	Cap. 14.
Banishment Act	Section 14.	Cap. 18.
Bankruptcy Act 1995	The whole of Part X.
Subst. by Act 15/95
Act 15/95 wef 15.7.95 vide S 268/95.
Broadcasting and Television Act	Section 5.	Cap. 28.
Casino Control Act	Sections 105(3)(b), 125, 136, 171, 172, 173, 174, 175, 177 and 190. Cap. 33A
Chit Funds Act	Sections 4, 18 and 20.	Cap. 39.
Common Gaming Houses Act	Sections 4, 5, 6, 8(3) and 8(4).	Cap. 49
S 9/87 wef 15-1-87.
Companies Act	Sections 158 (9), 338, 401 (2), 402, 404 and 406.	Cap. 50.
Constitution of the Republic of Singapore.	Third Schedule, section 10 (1) (a).
Vol. 1.
Corrosive and Explosive Substances and Offensive Weapons Act	The whole.	Cap. 65.
Criminal Law (Temporary Provisions) Act	The whole.	Cap. 67.
Criminal Procedure Code	Sections 15, 71 to 75 and 87.	Cap. 68.
Customs Act	The whole.	Cap. 70.
Employment Act	Section 113.	Cap. 91.
Explosive Substances Act	The whole.	Cap. 100.
Foreign Recruiting Act	Section 5.	Cap. 112.
Hire-Purchase Act	Section 37.	Cap. 125.
Hotels Act	Section 17.	Cap. 127.
House to House and Street Collections Act	Sections 3 (2), 3 (3), 6, 7 and 8.	Cap. 128.
Insurance Act	Section 55.	Cap. 142.
Internal Security Act	The whole.	Cap. 143.
Kidnapping Act	Sections 3, 4 and 5.	Cap. 151.
Land Titles Act	Sections 20 (4) and 153 (1).	Cap. 157.
Mental Disorders and Treatment Act	Section 58.	Cap. 178.
Merchant Shipping Act	Sections 30, 48, 55, 97, 118, 124, 141 (3), 157, 167, 213, 232 and 259.	Cap. 179.
Miscellaneous Offences (Public Order and Nuisance) Act	Sections 22, 25, 30, 31, 36, 36A, 37 (1) and 37 (5).
Act 10/89 wef 9.6.89 vide S 249/89	Cap. 184.
Misuse of Drugs Act	Part II, sections 31 (2), 33 (3) and 33A.	Cap. 185
Moneylenders Act	Sections 8 and 32. Cap. 188 of the 1985 Revised Edition
Moneylenders Act 2008	Sections 14, 27 and 28.
Motor Vehicles (Third-Party Risks and Compensation) Act	Section 21.	Cap. 189.
National Registration Act	The whole.	Cap. 201.
Newspaper and Printing Presses Act	Sections 7, 11, 14, 20 (1), 20 (2) and 22.	Cap. 206.
Official Secrets Act	The whole.	Cap. 213
Preservation of the Peace Act	Section 3 (2).	Cap. 240
Prevention of Corruption Act	The whole.	Cap. 241
Prevention of Crimes Act	Sections 2, 4 and 5.	Cap. 242.
Protected Areas and Protected Places Act	The whole.	Cap. 256.
Public Order Act 2009	Sections 24(4), 25(3), 26(3), 27(3), 28(2), 31(2) and 32. Act 15 of 2009
Public Order (Preservation) Act	The whole.	Cap. 258.
Public Trustee Act	Section 22 (10).	Cap. 260.
Railways Act	Sections 86 and 87.	Cap. 263.
Registration of Deeds Act	Sections 26 and 27.	Cap. 269.
Road Traffic Act	Sections 66 (1) and 96 (1).	Cap. 276.
Secondhand Dealers Act	Section 10(3). Cap. 288 of the 1985 Revised Edition
Secondhand Goods Dealers Act 2007	Section 10 (6).	Cap. 288.
Sedition Act	Section 4.	Cap. 290.
Societies Act	Sections 14, 15, 23 and 29 (4).	Cap. 311.
Telecommunication Authority of Singapore Act	Sections 62, 70 to 74, 78, 79 and 83.	Cap. 323.
Trade Disputes Act	Sections 5, 6, 7, 8, 9 and 11.	Cap. 331.
Undesirable Publications Act	Sections 4 and 5.	Cap. 338.
Vandalism Act	Section 3.	Cap. 341.
Women’s Charter	Sections 35 to 40 and the whole of Part X.	Cap. 353.

SECOND SCHEDULE

REGISTRABLE CRIMES IN RESPECT OF WHICH REGISTRATION MAY BE DISPENSED WITH UNDER

PART I

OFFENCES UNDER THE PENAL CODE INCLUDED BEFORE 1ST FEBRUARY 2008

Sections 143-150, 152-158	Unlawful assembly, rioting, etc.
Section 151A	Posting placards, etc.
Sections 161, 162, 164 and 165	Illegal gratification.
Sections 167, 169 and 170	Relating to public servants.
Sections 177, 181 and 189	False information, etc.
Sections 193-201	False evidence.
Sections 203-222	Screening offenders, etc.
Sections 224, 225, 225A, 227 and 229	Escapes, etc.
Sections 270, 281 and 295	Public safety, religion.
Sections 324-333, 335-338	Causing hurt.
Sections 343-348	Wrongful confinement.
Sections 353-356	Criminal force.
Sections 427-428	Mischief.
Sections 493-496 and 498	Offences relating to marriage.
Sections 504-507	Criminal intimidation.
Chapters V and VA and section 511	Abetment of, conspiracy to commit and attempt to commit any of the above.

PART IA

OFFENCES UNDER THE PENAL CODE INCLUDED WITH EFFECT FROM 1ST FEBRUARY 2008

Section 204A	Obstructing, preventing, perverting or defeating course of justice.
Section 204B	Bribery of witnesses.
Section 298A	Promoting enmity between different groups on grounds of religion or race and doing acts prejudicial to maintenance of harmony.
Chapters V and VA and section 511	Abetment of, conspiracy to commit and attempt to commit any of the above.

PART II

OFFENCES UNDER OTHER LAWS

Arms and Explosives Act	Sections 5, 8, 19, 23 and 31 (2).	Cap. 13.
Betting Act	Sections 3, 4 and 5.	Cap. 21.
Common Gaming Houses Act	Sections 7 and 8 (2).	Cap. 49
Dangerous Fireworks Act	Section 5.	Cap. 72.
Employment of Foreign Manpower Act	Sections 5 (6) and 22 (1) (c), (d), (e) and (f). Section 20 in respect of any officer of a body corporate, or other person in such capacity, guilty of any of the above offences. Section 23 in respect of any person who abets the commission of any of the above offences.	Cap. 91A
Immigration Act	Sections 5, 6, 8 (5), 9 (4), 19, 26, 36 and 57.	Cap. 133.
Trade Marks Act 1998	Sections 46, 48 and 52.

THIRD SCHEDULE

OFFENCES FOR WHICH CRIMINAL RECORD CANNOT BE SPENT

PART I

OFFENCES UNDER THE PENAL CODE INCLUDED BEFORE 1ST FEBRUARY 2008

Rioting	Section 147 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Rioting, armed with a deadly weapon	Section 148 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Culpable homicide not amounting to murder	Section 304 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Attempt to murder	Section 307 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Voluntarily causing grievous hurt	Section 325 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Voluntarily causing grievous hurt by dangerous weapons or means	Section 326 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Outraging of modesty	Section 354 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Outraging modesty in certain circumstances	Section 354A (Cap. 224 of the 1985 Ed. and Cap. 103 of the 1970 Ed. vide Act 23 of 1984).
Kidnapping	Section 363 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Kidnapping or abducting in order to murder	Section 364 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Rape	Section 376 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871) (repealed with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Incest committed by men	Section 376B (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed. and Cap. 20 of the 1936 Ed. vide Ordinance 11 of 1939) (repealed with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Incest committed by women	Section 376C (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed. and Cap. 20 of the 1936 Ed. vide Ordinance 11 of 1939) (repealed with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Unnatural offences	Section 377 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871) (repealed with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Gang-robbery	Section 395 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Belonging to gang-robbers	Section 400 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871).
Escaping or attempting to escape from any custody in which he is lawfully detained for an offence of which he has been charged or convicted	Section 224 (Cap. 224 of the 1985 Ed., Cap. 103 of the 1970 Ed., Cap. 119 of the 1955 Ed., Cap. 20 of the 1936 Ed. and Ordinance 4 of 1871) in relation to such escape or attempt to escape.

PART IA

OFFENCES UNDER THE PENAL CODE INCLUDED WITH EFFECT FROM 1ST FEBRUARY 2008

Genocide	Section 130E (Cap. 224 of the 1985 Ed.).
Abduction	Section 363A (Cap. 224 of the 1985 Ed.).
Kidnapping or abducting in order to compel the Government, etc.	Section 364A (Cap. 224 of the 1985 Ed.).
Rape	Section 375 (Cap. 224 of the 1985 Ed.) (as re-enacted with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Sexual assault by penetration	Section 376 (Cap. 224 of the 1985 Ed.).
Sexual penetration of minor under 16	Section 376A (Cap. 224 of the 1985 Ed.).
Procurement of sexual activity with person with mental disability, where the sexual activity involves sexual penetration	Section 376F(3) (Cap. 224 of the 1985 Ed.).
Incest	Section 376G (Cap. 224 of the 1985 Ed.) (as re-enacted with effect from 1st February 2008 by the Penal Code (Amendment) Act 2007).
Causing another person to sexually penetrate a corpse	Section 377(4) (Cap. 224 of the 1985 Ed.).
Causing another person to sexually penetrate a living animal or be sexually penetrated by a living animal	Section 377B(4) (Cap. 224 of the 1985 Ed.).