Tuesday, 21 October 2014

Cheating Offences in Singapore



In Singapore, statutes governing the law of cheating can be found under Section 415 of the Penal Code.

Section 415 of the Penal Code:

“Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat.”

The criminal intention or men`s rea is important to incriminate an accused of an offence.  Dishonest withholding or concealment of facts is a deception within the meaning of this section.

Illustration:

Someone who intentionally withhold vital information of a contract, with the intention of profiting from such ignorance upon the signing of it.

Cheating by personation is an offence under Section 416 of the Penal Code:

“A person is said to “cheat by personation”, if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.”
Personation of a fictitious individual is within the meaning of this section.

Punishment for cheating is provided under Section 417 of the Penal Code:

“Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest, in the transaction to which the cheating relates, he was bound either by law or by a legal contract to protect shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.“
 
Should you have any questions or need legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg

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