Singapore

366. Kidnapping or abducting a woman to compel her marriage, etc. 

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. 

367. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. 

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to non-consensual penile penetration of the anus, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning. 

370. Buying or disposing of any person as a slave 

Whoever imports, exports, removes, buys, sells, or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine. [Indian PC 1860, s. 370]  

371. Habitual dealing in slaves 

Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, shall be punished with imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine.  

466 Forgery of a record of a court of justice, or a public register of births, etc. 

Whoever forges a document or an electronic record, purporting to be a record or proceeding of or before a court of justice, or a register of birth, baptism, marriage, or burial, or a register kept by a public servant as such, or a certificate or document or an electronic record, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. 

493 Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to a fine. 

496 Marriage ceremony gone through with fraudulent intent without lawful marriage  

Whoever dishonestly or with a fraudulent intention goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment for a term which may extend to 7 years and shall also be liable to a fine.

Singapore Penal Code-English-PDF. 

2. Interpretation

In this Act, unless the context otherwise requires — 

“coercion”, in relation to an individual, means the use of force or threat, whether violent or otherwise, against the individual or another individual, including —  

(a) any threat of harm to or physical restraint of the individual or the other individual;  

(b) any scheme, plan or pattern intended to cause the individual to believe that the failure to perform an act would result in serious harm to or physical restraint of the individual or the other individual; or  

(c) any abuse or threat related to the legal status of the individual or the other individual; 

“debt bondage” means a status or condition arising from —  

(a) the pledging by a debtor of the personal services of the debtor or an individual under the debtor’s control as security for a debt; and  

(b) the reasonable value of such services not being applied towards the discharge of the debt, or the length or nature of such services not being limited or defined, respectively; 

“exploitation” means sexual exploitation, forced labour, slavery or any practice similar to slavery, servitude or the removal of an organ; 

“practice similar to slavery” includes debt bondage, serfdom or any servile form of marriage; 

“serfdom” means the condition or status of a tenant who is, by law, custom or agreement, bound to live and labour on land belonging to another person and to render any determinate service to that other person, whether for reward or not, and is not free to change that condition or status;  

“servile form of marriage” means any institution or practice in which 

(a) a woman or female child, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parent, guardian, family or any other person or group of persons;  

(b) the husband of a woman or female child, or his family or clan, has the right to transfer her to another person, whether for value received or otherwise; or  

(c) a woman or female child on the death of her husband is liable to be inherited by another person;  

“servitude”, in relation to an individual, means any condition or obligation, not authorised by any written law, to work or render services from which the individual cannot escape or which the individual is not free to change; 

 3. Trafficking in persons

(1) Any person who recruits, transports, transfers, harbours or receives an individual (other than a child) by means of —  

(a) the threat or use of force, or any other form of coercion;  

(b) abduction;  

(c) fraud or deception;  

(d) the abuse of power;  

(e) the abuse of the position of vulnerability of the individual; or  

(f) the giving to, or the receipt by, another person having control over that individual of any money or other benefit to secure that other person’s consent,  

for the purpose of the exploitation (whether in Singapore or elsewhere) of the individual shall be guilty of an offence. 

(2) Any person who recruits, transports, transfers, harbors, or receives a child for the purpose of the exploitation (whether in Singapore or elsewhere) of the child shall be guilty of an offence.  

 4. Punishment for trafficking in persons

(1) Any person who is guilty of an offence under section 3, upon conviction —  

(a) in the case of a first offence, shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years, and shall be liable to caning not exceeding 6 strokes; and  

(b) in the case of a second or subsequent offence, shall be punished with a fine not exceeding $150,000, with imprisonment for a term not exceeding 15 years, and with caning not exceeding 9 strokes. 

(2) In determining the appropriate sentence for an offence under Section 3, the court may take into account the aggravating factors relevant to the offence including the following:  

(a) the offence involved serious injury to or the death (including death by suicide) of the trafficked victim or another individual;  

(b) the trafficked victim was particularly vulnerable due to pregnancy, illness, infirmity, disability or any other reason, and the offender was aware of the trafficked victim’s particular vulnerability;  

(c) the trafficked victim was a child;  

(d) the offence exposed the trafficked victim to a lifethreatening illness;  

(e) the offence involved actual or threatened use of a weapon or drug;  

(f) the offender was a public servant;  

(g) the offender was the trafficked victim’s spouse or conjugal partner;  

(h) The offender was abusing a position of trust or authority in relation to the trafficked victim.  

 5. Abetment of trafficking in persons

(1) For the purposes of Chapter V of the Penal Code (Cap. 224), a person abets the commission of an offence under section 3 if —  

(a) the person gives instruction to another person to commit the offence;  

(b) the person provides or arranges any form of financing, transport, shelter, accommodation or any other facility with the intention of facilitating the commission of the offence; or 

(c) the person —  

(i) participates or assists in the recruitment, transport, transfer, harbouring or receiving of an individual;  

(ii) employs or assists in the employment of any of the means specified in section 3(1)(a) to (f) in respect of the individual; or  

(iii) does any act to promote or in furtherance of the actual or intended exploitation of the individual, with the intention of facilitating the commission of the offence against the individual. 

(2) To avoid doubt, this section is without prejudice to the generality of the term “abetment” under the Penal Code. 

 6. Persons who receive payments in connection with exploitation of trafficked victims

(1) Any person who knowingly receives any payment in connection with the actual or intended exploitation in Singapore of a trafficked victim shall be guilty of an offence. 

(2) Any person who is guilty of an offence under subsection (1), upon conviction —  

(a) in the case of a first offence, shall be punished with a fine not exceeding $100,000 and with imprisonment for a term not exceeding 10 years, and shall be liable to caning not exceeding 6 strokes; and  

(b) in the case of a second or subsequent offence, shall be punished with a fine not exceeding $150,000, with imprisonment for a term not exceeding 15 years, and with caning not exceeding 9 strokes. 

Singapore Trafficking in Persons Law-English-PDF. 

12. Trafficking in Children Unlawful transfer of possession, custody or control of child 

(1) Every person who takes any part in any transaction, the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child for any valuable consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years.  

(2) Every person who, without lawful authority or excuse, harbours or has in his possession, custody or control any child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Singapore shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years.  

(3) It shall be a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or the legal guardian was a consenting party to the marriage or to the adoption by the adopting party and had expressly consented to the marriage or adoption.  

(4) In this section, “legal guardian,” in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person. 

 15. Consent to marriage 

No female below the age of 18 years who is or has been detained or in respect of whom a bond or security has been taken under the provisions of this Act shall contract any form of marriage without the previous consent in writing of a protector. 

Singapore Children and Young Persons Act-English-PDF.

9 Avoidance of marriages where either party is under minimum age for marriage 

A marriage solemnized in Singapore or elsewhere between persons either of whom is below the age of 18 years shall be void unless the solemnization of the marriage was authorised by a special marriage licence granted by the Minister under section 21. 

 13 Consents 

(1) Subject to this section, a marriage licence under section 17 or a special marriage licence under section 21 for the marriage of a minor shall not be issued or granted without the consent of a person mentioned in the Second Schedule who is authorised to give such consent. 

(2) If the Registrar or, in the case of a proposed marriage by special marriage licence, the Minister is satisfied that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability — 

(a) the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required; and 

(b) if the consent of no other person is required, the Registrar or the Minister may dispense with the necessity of obtaining any consent, or the court may, on application being made, consent to the marriage, and the consent of the court so given shall have the same effect as if it had been given by the person whose consent cannot be so obtained. 

(3) If any person whose consent is required refuses his consent, the court may, on application being made, consent to the marriage, and the consent of the court so given shall have the same effect as if it had been given by the person whose consent is so refused. 

(4) An application to the court under this section shall be heard in chambers. 

(5) When an application is made to the court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent. 

(6) Notwithstanding anything to the contrary in this Part, consent to the marriage of a minor shall not be necessary if the minor has been previously married. 

(7) There shall be no appeal from an order of the court under this section. 

 36 Interference with marriage 

Any person who uses any force or threat — 

(a) to compel a person to marry against his will; or 

(b) to prevent a person who has attained the age of 21 years from contracting a valid marriage, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both. 

 37 False oath, etc., for procuring marriage 

Any person who for the purpose of procuring any marriage under this Act intentionally makes any false declaration or signs any false notice or certificate required by this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both. 

 39 Unauthorised solemnization of marriage 

Any person who, not being authorised thereto under this Act, solemnizes or purports to solemnize any marriage shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding 10 years and shall also be liable to a fine not exceeding $15,000. 

 104 Writ for nullity of marriage 

Any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage. 

 105 Grounds on which marriage is void 

A marriage which takes place after 1st June 1981 shall be void on the following grounds only: 

(a) that it is not a valid marriage by virtue of sections 3(4), 5, 9, 10, 11, 12 and 22; 

(aa) where the marriage was solemnized on or after the date of commencement of section 6 of the Women’s Charter (Amendment) Act 2016, that it is not a valid marriage by virtue of section 11A; or 

(b) where the marriage was celebrated outside Singapore, that the marriage is invalid — 

(i) for lack of capacity; or 

(ii) by the law of the place in which it was celebrated. 

 106 Grounds on which marriage is voidable 

A marriage which takes place after 1st June 1981 shall be voidable on the following grounds only: 

(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it; 

(b) that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it; 

(c) that either party to the marriage did not validly consent to it  whether in consequence of duress, mistake, mental disorder or otherwise; 

(d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act 2008 of such a kind or to such an extent as to be unfit for marriage; 

(e) that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;  

(f) that at the time of the marriage the defendant was pregnant by some person other than the plaintiff. 

 107 Bars to relief where marriage is voidable 

(1) The court shall not, in proceedings instituted after 1st June 1981, grant a judgment of nullity on the ground that a marriage is voidable (whether the marriage took place before or after that date) if the defendant satisfies the court that — 

(a) the plaintiff, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the defendant as to lead the defendant reasonably to believe that he would not seek to do so; and 

(b) it would be unjust to the defendant to grant the judgment. 

(2) Without prejudice to subsection (1), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(c), (d), (e) or (f) unless it is satisfied that proceedings were instituted within 3 years from the date of the marriage. 

(3) Without prejudice to subsections (1) and (2), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(e) or (f) unless it is satisfied that the plaintiff was, at the time of the marriage, ignorant of the facts alleged. 

(4) Subsection (1) replaces, in relation to the grounds mentioned in section 106, any rule of law whereby a judgment may be refused by reason of approbation, ratification or lack of sincerity on the part of the plaintiff or on similar grounds. 

 140.—(1) Any person who — 

(a) sells, lets for hire or otherwise disposes of or buys or hires or otherwise obtains possession of any woman or girl with intent that she shall be employed or used for the purpose of prostitution either within or without Singapore, or knowing or having reason to believe that she will be so employed or used; 

(b) procures any woman or girl to have either within or without Singapore carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore; 

(c) by threats or intimidation procures any woman or girl to have carnal connection except by way of marriage with any male person either within or without Singapore; 

(d) brings into Singapore, receives or harbours any woman or girl knowing or having reason to believe that she has been procured for the purpose of having carnal connection except by way of marriage with any male person or for the purpose of prostitution either within or without Singapore and with intent to aid such purpose; 

(e) knowing or having reason to believe that any woman or girl has been procured by threats or intimidation for the purpose of having carnal connection except by way of marriage with any male person, either within or without Singapore, receives or harbours her with intent to aid such purpose; 

(f) knowing or having reason to believe that any woman or girl has been brought into Singapore in breach of section 142 or has been sold or purchased in breach of paragraph (a) receives or harbours her with intent that she may be employed or used for the purpose of prostitution either within or without Singapore; 

(g) detains any woman or girl against her will on any premises with the intention that she shall have carnal connection except by way of marriage with any male person, or detains any woman or girl against her will in a brothel; 

(h) detains any woman or girl in any place against her will with intent that she may be employed or used for the purpose of prostitution or for any unlawful or immoral purpose; 

(i) has carnal connection with any girl below the age of 16 years except by way of marriage; or 

(j) attempts to do any act in contravention of this section, 

shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000. 

(2) Any male person who is convicted of a second or subsequent offence under subsection (1)(a), (b), (c), (d), (e) or (f) shall, in addition to any term of imprisonment awarded in respect of such offence, be liable to caning. 

(3) For the purposes of this section, it shall be presumed until the contrary is proved that — 

(a) a person who takes or causes to be taken into a brothel any woman or girl has disposed of her with the intent or knowledge mentioned in subsection (1)(a); 

(b) a person who receives any woman or girl into a brothel has obtained possession of her with the intent or knowledge mentioned in subsection (1)(a); 

(c) a person has detained a woman or girl in any brothel or place against her will if, with intent to compel or induce her to remain therein, that person — 

(i) withholds from that woman or girl any wearing apparel or any other property belonging to her or any wearing apparel commonly or last used by her; 

(ii) where wearing apparel or any other property has been lent or hired out or supplied to that woman or girl, threatens her with legal proceedings if she takes away such wearing apparel or property; or 

(iii) threatens that woman or girl with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever. 

(4) Subject to subsection (5) and notwithstanding anything in section 79 of the Penal Code (Cap. 224), a reasonable mistake as to the age of a girl shall not be a defence to a charge of an offence under subsection (1)(i). 

(5) In the case of a man who at the time of the alleged offence was below the age of 21 years, the presence of a reasonable mistaken belief that the girl was of or above the age of 16 years shall be a valid defence to a charge of an offence under subsection (1)(i), provided that at the time of the offence, he has not previously been charged in court for an offence under subsection (1)(i), or section 376A, 376B, 376C or 376E of the Penal Code, or section 7 of the Children and Young Persons Act (Cap. 38). 

 141 Traffic in women and girls 

(1) Any person who buys, sells, procures, traffics in, or brings into or takes out of Singapore for the purpose of such traffic, and whether or not for the purpose of present or subsequent prostitution, any woman or girl, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000. 

(2) No person shall be charged with an offence under this section if he satisfies the Director that the woman or girl brought into or taken out of Singapore by him or intended to be brought into or taken out of Singapore by him was so brought into or taken out of Singapore or is intended to be so brought into or taken out of Singapore for the purpose of her marriage or adoption and that such marriage or adoption can be solemnized or made and has been or will be solemnized or made under the laws and customs for the time being in force in Singapore. 

 143 Permitting girl below the age of 16 to use premises for sexual penetration 

Any person who is the owner or occupier of any premises, or who has, or acts or assists in, the management or control of any premises, induces or knowingly permits a girl below the age of 16 years to resort to or be on those premises for the purpose of engaging in sexual penetration except by way of marriage with any male person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both. 

 144 Permitting mental defective to use premises for sexual penetration 

(1) Subject to subsection (2), any person who is the owner or occupier of any premises or who has, or acts or assists in, the management or control of any premises, induces or knowingly permits a woman who is a mental defective to resort to or be on those premises for the purpose of engaging in sexual penetration except by way of marriage with any male person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years or to both. 

(2) A person shall not be guilty of an offence under this section because he induces or knowingly permits a mental defective to resort to or be on any premises for the purpose mentioned, if he does not know and has no reason to suspect her to be a mental defective. 

Singapore Women’s Charter-English-PDF.

94B Consent to application for solemnization of marriage of minor 

(1) An application cannot be made to a Kadi or Naib Kadi for the solemnization of the marriage of a minor without the consent of the appropriate person or persons mentioned in the Fourth Schedule. 

(2) If a Kadi or Naib Kadi is satisfied that the consent of an appropriate person mentioned in the Fourth Schedule cannot be obtained by reason of that person being absent, inaccessible or under any disability, the Kadi or Naib Kadi — 

(a) must dispense with the consent of that person if the consent of any other person is required; and 

(b) may dispense with the consent of that person if the consent of no other person is required. 

(3) If an appropriate person mentioned in the Fourth Schedule refuses to give that person’s consent, a Kadi or Naib Kadi may, on an application to the Kadi or Naib Kadi, dispense with the consent of that person. 

(4) Before dispensing with the consent of a person mentioned in subsection (3), the Kadi or Naib Kadi must give that person an opportunity to show cause why that person’s consent should not be dispensed with. 

 95 Solemnization of marriage 

(1) Subject to the provisions of this Act, a marriage may be solemnized according to the Muslim law — 

(a) by the wali of the woman to be wedded; 

(b) by a Kadi or Naib Kadi, at the request of the wali of the woman to be wedded; or 

(c) by a Kadi, where — 

(i) There is no wali of the woman to be wedded; or 

(ii) The wali of the woman to be wed refuses his consent to the marriage on grounds that the Kadi does not consider satisfactory. 

(2) On or after the date of commencement of Section 25 of the Administration of Muslim Law (Amendment) Act 2017, both of the following conditions must be satisfied before the wali of the woman to be wedded can solemnize the marriage: 

(a) the parties to be wed have applied to a Kadi or Naib Kadi for, and he has given, his written consent to the solemnization of the marriage by the wali; 

(b) A Kadi or Naib Kadi is present during the solemnization of the marriage by the wali. 

(3) Before solemnizing a marriage or giving his written consent to the solemnization of a marriage by a wali, a Kadi or Naib Kadi must satisfy himself after inquiry that there is no lawful obstacle, according to the Muslim law or this Act, to the marriage. 

(4) For the purpose of any inquiry, a Kadi or Naib Kadi may issue a summons requiring any person to appear before him to give evidence or to produce a document. 

 96 Restriction on solemnization of marriage 

(1) No marriage shall be solemnized under this Act unless all the conditions necessary for the validity thereof, in accordance with the Muslim law and the provisions of this Act, are satisfied. 

(2) No marriage shall be solemnized under this Act if the man to be wedded is married to any person other than the other party to the intended marriage, except — 

(a) by a Kadi; or 

(b) with the written consent of a Kadi, by the wali of the woman to be wed. 

(3) Before solemnizing a marriage or giving his written consent to the solemnization of a marriage under subsection (2), the Kadi shall satisfy himself after inquiry that there is no lawful obstacle according to the Muslim law or this Act to such marriage. 

7(4) No marriage shall be solemnized under this Act if, at the date of the marriage, either party is below the age of 18 years. 

8(5) Notwithstanding subsection (4), a Kadi may in special circumstances solemnize the marriage of a girl who is below the age of 18 years but has attained the age of puberty. 

 133 Unlawful solemnization of marriage or registration of marriage, divorce or revocation of divorce 

Any person who — 

(a) solemnizes or purports to solemnize any marriage between Muslims; or 

(b) registers any marriage, divorce or revocation of divorce effected between Muslims, 

in contravention of the provisions of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both. 

 135 Enticing unmarried woman from wali 

Any person who takes or entices any unmarried woman out of the keeping of the wali of the unmarried woman without the consent of the wali shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine.