Thursday 30 July 2015

What does the offence of kidnapping entail?

What is the punishment for kidnapping in Singapore? Let GJC Law explain.


In Singapore, the offence of kidnapping is taken very seriously and this is reflected in Singapore’s criminal law.


1. KIDNAPPING

Under Singapore criminal law, specifically section 359 of the Penal code, there are 2 kinds of kidnapping. There is first, kidnapping from Singapore, and second, kidnapping from lawful guardianship.

The first kind of kidnapping (kidnapping from Singapore) is provided for in section 360 of the Penal code which states that whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Singapore.

The second kind of kidnapping (kidnapping from lawful guardianship) is provided for in section 361 of the Penal code which states that whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. The words “lawful guardian” includes any person lawfully entrusted with the care or custody of such minor or other person.

An exception is made in the second kind of kidnapping for any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.


2. PUNISHMENT FOR KIDNAPPING

Section 363 of the Penal code provides that whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extent to 10 years, and shall also be liable to fine or caning.

It must also be noted that the punishment may differ if the kidnapping was done to further an ulterior motive. This is provided for in section 364 to 369 of the Penal code.

3. NEED HELP?

Kidnapping is a serious offence and the punishment accompanying this offence is extremely severe. Criminal Law in Singapore can be challenging and it is vital to have experienced criminal lawyers working with you. If you require assistance with any criminal matter, the criminal lawyers at Gloria James-Civetta are at hand. Our law firm has the best interests of clients at heart and is committed to giving clients sound legal advice. Please do not hesitate to contact us .

Should you have any questions or require 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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