Penal Code

The sections in this Code which contain definitions of offences do not express that a child under the age of 7 years cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under the age of 7 years.

A, a police officer without warrant apprehends Z, who has committed murder. Here,

A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that

"nothing is an offence which is done by a person who is bound by law to do it".

Sense of expression once explained 7.

Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.

Gender 8.

The pronoun "he" and its derivatives are used of any person, whether male or female.

Number 9.

Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

who is employed by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which. if confirmed by some other authority, would be definitive; or

who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

111ztstrations

•

A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court is not a Judge.

every person holding office by virtue of any commission or warrant granted by His Majesty the Sultan and Yang Di-Pertuan or by his authority;

every commissioned officer in the military or police forces of Brunei Darussalam;

every Judge;

every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the

Court, and every person specially authorised by a Court of Justice to perform any of such duties;

every juryman or assessor assisting a Court of Justice or public servant;

( ' every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of

Justice, or by any other competent public authority;

( j j every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of Government, or to make any survey, assessment or contract on behalf of

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Government, or to execute any revenue process, or to investigate or to report on any matter affecting the pecuniary interests of

Government, or to make, authenticate or keep any document relating to the pecuniary interests oTGovernment or toprevent the infraction of any law for the protection of the pecuniary interests of

Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

0) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment. or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district.

A Municipal Chairman is a public servant.

Explanation I -

Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2 -

Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled: and "wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.

A person is said to gain wrongfully when such person retains wrongfully as well as when such person acquires wrongfully.

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A person is said to lose wrongfully when such person is wrongfully kept out of any property. as well as when such person is wrongfully deprived of property.

The word "act'' denotes as well a series of acts as a single act.

The word "omission" denotes as well a series of omissions as a single omission.

Acts done by several persons in furtherance of common intention 34.

When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

When act is criminal by reason of its being done with criminal knowledge or intention 35.

Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

Effect caused partly by act and partly by omission 36.

Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

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a 1llustr.ution

A intentionally causes T s death, partly by illegally omitting to give Z food and partly by beating Z. A has committed murder.

Co-operation by doing one of several acts constituting offence 37.

When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts. either singly, or jointly with any other person, commits that offence.

A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately for 6 hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

Except in the Chapter and sections mentioned in subsections

and (3), the word "offence" denotes a thing made punishable by this

Code.

In Chapter IV and in sections 66, 71, 109, 1 10, 1 12, 114, 11 5,

116, 117, 187, 194, 195,203, 211, 213, 214, 221 222,223, 224, 225, 327,

328,329,330,331,347,348,388,389 and 445, the word "offence" denotes a thing punishable under this Code or under any other written law for the time being in force.

In sections 141, 176, 177, 201, 202, 212, 216 and 441,

"offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of 6 months or more, whether with or without fine.

A gives Z 50 strokes with a stick. Here, A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for 50 years, one for each blow; but he is liable only to one punishment for the whole beating.

But if, while A is beating Z, Y interferes and A intentionally strikes K Here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z. A is liable to one punishment for voluntarily causing hurt to Z and to another for the blow given to K

Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which 72.

In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessels, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessels, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding

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A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property.

Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of an offence.

Save as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.

Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and -

Where the defence under section 85(2) is established, then in a case f a h g under paragraph (a) the@

the accused per=

U h e acquitted, and in a case falling under paragraph (b) thereof, the provisions of section 84 and of sections 319 and 320 of the Criminal Procedure Code

(Chapter 7) apply.

Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.

For the purpose of this and section 85, "intoxication" is deemed to include a state produced by narcotics or drugs.

Act not intended, and not known to be likely, to cause death or grievous hurt, done by consent 87.

Nothing which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause. or be intended by the doer to cause, to any person above the age of 18 years, who has given consent whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Illustration

A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing may be caused without foul-play; and if A, while playing fairly, hurts Z, A commits no offence.

Act not intended to cause death, done by consent in good faith for a person's benefit 88.

Nothing, which is not intended to cause death, is an offence by reason of any harm, which it may cause or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith. and who has given a consent, whether express or implied, to suffer that harm or to take the risk of that harm.

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A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause T s death and intending. in good faith, T s benefit, performs that operation on Z with Z's consent. A has committed no offence.

Act done in good faith for benefit of child or insane person, by or by consent of guardian 89.

Nothing which is done in good faith for the benefit of a person under the age of 12 years or of unsound mind, by or by consent, either express or implied, of the guardian or other person having l a f i l charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:

Provided that this exception does not extend to -

Z, under the influence of madness, attempts to kill A. Z is guilty of no offence; but A has the same right of private defence which he would have if Z were sane.

A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here, Z, by attacking A under this misconception, commits no offence; but A has the same right to private defence against Z, which he would have if Z were not acting under this misconception.

Acts against which there is no right of private defence and extent to which right may be exercised 99.

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good

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faith under colour of his office, though that direction may not be strictly justifiable by law.

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m e i s no righi-oyprivate defeni Gi cases in whlch there is time to have recourse to the protection of the public authorities.

The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.

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Explanation 1 -

A person is not deprived of the right of private defence against an act done or attempted to be done by a public servant, as such, unless he knows or has reason to believe that the person doing the act is such public servant.

Explanation 2 -

A person is not deprived of the right of private defence against an act done or attempted to be done by the direction of a public servant unless he knows or has reason to believe that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or, if he has authority in writing, unless he produces such authority if demanded.

such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of the assault;

such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of the assault;

an assault with the intention of committing rape;

an assault with the intention of gratifying unnatural lust;

an assault with the intention of kidnapping or abducting;

(0 an assault with the intention of wrongfully confining a person under circumstances which may reasonably cause him to

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Penal Code apprehend that he will be unable to have recourse to the public authorities for his release.

robbery

house-breaking by night;

mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;

(4 theft, mischief or house-trespass. under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

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When right of private defence extends to causing any harm other than death

U14, If the offence,_themmrnitting of whch,ar the attemptmgbwmmit which. occasions the exercise of the right of private defence is theft, mischief or criminal trespass. not of any of the descriptions mentioned in section 103, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the a voluntary causing to the wrongdoer of any harm other than death.

Commencement and continuance of right of private defence of property 105.

The right of private defence of property commences when a reasonable apprehension of danger to the property commences.

The right of private defence of property against theft continues until the offender has effected his retreat with the property or either the assistance of the public authorities is obtained or the property has been recovered.

The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death, hurt or wrongful restraint, or as long as the fear of instant death or of instant personal restraint continues.

The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by the house-breaking continues.

Right of private defence against deadly assault when there is risk of harm to innocent person 106.

If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

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Illustration

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

A offers a bribe to B, a public servant as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 16 1.

A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence and is liable to the same punishment as B.

A instigates a child to put poison into the food of Z and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Z which is by the side of that of Z. Here, if the child was acting under the influence of A's instigation and the act done was under the circumstances a probable consequence of

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Penal Code the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y

A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there. A , though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act and not a probable consequence of the burning.

A instigates B and C to break into an inhabited house at midnight for the purpose of robbery and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here. if that murder was the probable consequence of the abetment. A is liable to the punishment provided for murder.

A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B refuses to accept the bribe. A is punishable under this section.

A instigates B to give false evidence. Here, if B does not give false evidence. A has nevertheless committed the offence defined in this section and is punishable accordingly.

A, a police officer, whose duty is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to one-half of the longest term of imprisonment provided for that offence and also to fine.

B abets the commission of a robbery by A, a police oficer, whose duty it is to prevent that offence. Here, though the robbery is committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery and also to fine.

if that offence is committed, be punished with imprisonment for a term not exceeding 7 years; or

if the offence is not committed, to imprisonment for a terrn not exceeding 3 years, and in either case, shall also be liable to fine.

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Illustrwtion

A, knowing that a gang-robbery is about to be committed at B, falsely informs the

Magistrate that a gang-robbery is about to be committed at C, a place in an opposite ctirection, and therebjmisleads t h e m s i r a t e with intemacifitate the c o K s s i o n of the offence. The gang-robbery is committed at B in pursuance of the design. A is punishable under this section.

if the offence is committed, be punished -

with imprisonment for a term not exceeding one-half of the longest term of such imprisonment, fine as is provided for that offence or both; or

if the offence is not committed, be punished with imprisonment of any description provided for the offence for a term not exceeding one-fourth part of the longest term of such imprisonment, fine as is provided for the offence or both.

Illustration

A, a police officer being legally bound to give information of all designs to commit robbery which may come to his knowledge and knowing that B designs to commit robbery, omits to give such information with intent to facilitate the commission of that offence. Here,

A , has by an illegal omission concealed the existence of B's design and is liable to punishment according to the provisions of this section.

if the offence is committed, be punished with imprisonment for a term not exceeding one-fourth; and

if the offence is not committed, to one-eighth of the longest term of such imprisonment, fine as is provided for the offence or both.

CHAPTER VA

CRIMINAL CONSPIRACY

an illegal act; or

an act which is not illegal by illegal means, such an agreement is designated a "criminal conspiracy":

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to the agreement in pursuance thereof.

Explanation -

It is immaterial whether the illegal act is the ultimate object of the agreement, or is merely incidental to that object.

Whoever is a party to a criminal conspiracy to commit an offence punishable with death, or imprisonment for a term of 2 years or more, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted the offence.

Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment for 10 years and fine.

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not being an officer or constable in the Royal Brunei Police

Force, wears any garb or carries any token used by such an officer or constable: or

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not being an officer, or a soldier, sailor or airman in the armed forces of His Majesty the Sultan and Yang Di-Pertuan, wears any garb or carries any token resembling any garb or token used by such an officer or constable, or by such an officer or soldier, sailor or airman, as the case may be, with the intention that it may be believed that he is such an officer or constable, or such an officer or soldier, sailor or airman, as the case may be, shall be punished with imprisonment for a term not exceeding 3 months, fine not exceeding $4,000 or both.

to overawe, by criminal force or show of criminal force, the Government of Brunei Darussalam or any public servant in the exercise of the lawful power of such public servant;

to resist the execution of any law or of any legal process;

to commit any mischief, criminal trespass or other offence;

(4 by means of criminal force, or show of criminal force to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

by means of criminal force. or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation -

An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

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a

Member of unlawful assembly 142.

Whoever, being aware of facts which render any assembly an

-

unlawful assembly. intentianally jains that assembly, or continues-said to be a member of an unlawful assembly.

Punishment 143.

Whoever is a member of an unlawful assembly shall be punished with imprisonment for a term not exceeding one year and fine.

Joining unlawful assembly armed with deadly weapon 144.

Whoever, being armed with any deadly u7eapon, or with anything which, used as a weapon of offence. is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment for a term not exceeding 5 years and fine.

Joining or continuing in unlawful assembly, knowing it has been commanded to disperse 145.

Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment for a term not exceeding 5 years and fine.

Rioting 146.

Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Punishment for rioting 147.

Whoever is guilty of rioting shall be punished with imprisonment a for a term which may extend to 5 years and fine.

Rioting, armed with deadly weapon 148.

Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment for a term not exceeding 10 years and fine.

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Every member of unlawful assembly guilty of offence committed in prosecution of common object 149.

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Hiring, or conniving at hiring, of persons to join unlawful assembly 150.

Whoever hires, engages. employs, promotes or connives at, the hiring. engagement or employment of any person to join or become a member of any unlawful assembly shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

Knowingly joining or continuing in five or more persons after it has been commanded to disperse 151.

Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace after such assembly has been lawfully commanded to disperse shall be punished with imprisonment for a term not exceeding 6 months, fine or both.

Explanation - If the assembly is an unlawfUl assembly within the meaning of section 141, the offender will be punishable under section 145.

Assaulting or obstructing public servant when suppressing riot etc.

assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray; or

uses, or threatens or attempts to use, criminal force to such public servant, shall be punished with imprisonment for a term not exceeding 3 years, fine or both.

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if the offence of rioting is committed in consequence of such provocation, be punished with imprisonment for a term not exceeding 3 years. fine or both; and

Whoever, being so engaged or hired as aforesaid. goes armed, or engages or offers to go armed, with any deadly weapon or with anything which, used as a weapon of offence. is likely to cause death, shall be punished with imprisonment for a term not exceeding 5 years and fine.

doing or forbearing to do any official act;

showing or forbearing to show in the exercise of his official functions, favour or disfavour to any person; or

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rendering or attempting to render any service or disservice to any person, with Government, or with any public servant, as such.

a shall be punished with imprisonment for a term not exceeding 7 years and fine.

Explanation -

"Expecting to be a public servant" -

If a person, not expecting to be in ofice, obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating. but he is not guilty of the offence defined in this a section.

"Gratification" -

The word "gratification" is not restricted to pecuniary gratifications, or to gratifications estimable in money.

"Legal remuneration" - The words "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government which he serves to accept.

"A motive or reward for doing" -

A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.

A, a Judge, obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.

A, a public servant, induces Z erroneously to believe that A's influence with a

Government oficer has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section.

A, a public servant, induces Z erroneously to believe that A's influence with the

Government has obtained a grant of land for Z, and thus induces Z to give A money as a reward for his service. A has committed the offence defined in this section.

a

any public servant to do or to forbear to do any official act;

or

@)-in the exercise-of the officiziHtinctions ofsuch public servant -

to show favour or disfavour to any person; or

any public servant to do or to forbear to do any official act;

or

in the exercise of the official functions of such public servant -

to show favour or disfavour to any person; or

to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate; or

to be interested in or related to the person so concerned, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Illustrations

A, a Judge, hires a house of 2, who has a settlement case pending before him. It is agreed that A shall pay $50 a month, the house being such that, if the bargain were made in good faith, A would be required to pay $2000 a month. A has obtained a valuable thing from

Z without adequate consideration.

A, a Judge, buys of 2, who has a cause pending in A's court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.

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A sells to Z shares in a bank at a premium, when they are selling in the market at a discount.

Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.

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with imprisonment for a term not exceeding one year and fine; or

if the summons, notice or order is to attend in person or by agent or to produce a document, in a Court of Justice, with imprisonment for a term not exceeding 3 years and fine.

prevents the serving on himself or on any other person, of any summons, notice or order, proceedings from any public servant

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legally competent. as such public servant. to issue such summons, notice or order;

preventsthe lawfUl affixing to any place o-fanyY such summons. notice or order;

removes any such summons, notice or order from any place to which it is lawfully affixed; or

prevents the lawful making of any proclamation under the authority of any public servant, legally competent as such public servant to direct such proclamation to be made, shall be punished -

with imprisonment for a term not exceeding one year and fine; or

with imprisonment for a term not exceeding one year and fine; or

if the summons, notice, order, or proclamation is to attend in person or by agent, in a Court of Justice, with imprisonment for a term not exceeding 3 years and fine.

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Illustrations

A, being legally bound to appear before the Supreme Court in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

A , being legally bound to appear before a Magistrate as a witness in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section.

with imprisonment for a term not exceeding one month, fine not exceeding $2,000 or both; or

if the document is to be produced or delivered up to a

Court of Justice, with imprisonment for a term not exceeding 6

months, fine not exceeding $4,000 or both.

Illustration

A, being legally bound to produce a document before a Court intentionally omits to produce the same. A has committed the offence defined in this section.

Omission to give notice or information to public servant by person legally bound to give it

with imprisonment for a term not exceeding one month, fine not exceeding $2,000 or both; or

if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment for a term not exceeding 6 months, fine not exceeding $4,000 or both.

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a

with imprisonment for a term not exceeding 6 months. fine not exceeding $4,000 or both; or

if the information which he is legally bound to give respects the commission of an offence. or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment for a term not exceeding 2 years, fine or both.

A. a landholder, knowing of the commission of a murder within the limits of his estates, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

A, a police officer, knowing that a considerable body of strangers has passed through his village in order to commit a gang-robbery in the house of Z a wealthy merchant residing in a neighbouring place, and being bound to give information of the above fact to his superior officer, wilfully misinforms that officer that a body of suspicious characters passed through the village with a view to commit gang-robbery in a certain distant place in a different direction. Here, A is guilty of the offence in the latter part of this section.

Explanation -

In section 176 and in this section, the word "offence"

includes any act committed at any place outside Brunei Darussalam, which, if committed in Brunei Darussalam, would be punishable under sections 302,

304, 382, 392, 393, 394, 395. 396, 397, 398. 399, 402, 435, 436. 449, 450,

457,458,459 and 460, and the word "offender" includes any person who is alleged to have been guilty of any such act.

makes to such public servant or other person, touching that subject, any statement which is false; and

which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment for a term not exceeding 3 years and fine.

False information with intent to cause public servant to use his lawful power to injury of another person 182.

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing to be likely that he will thereby cause, such public servant to -

do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or

use the lawful power of such public servant to the injury or annoyance of any person,

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shall be punished with imprisonment for a term not exceeding 6 months, fine not exceeding $4,000 or both.

A informs a Magistrate that Z, a police officer subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, or knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

•

A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false and knowing that it is likely that the consequence of the information will be a search of Z's premises with attendant annoyance to Z. A has committed the offence defined in this section.

A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants. but knows it to be likely that. in consequence of this information the police will make inquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

Resistance to taking of property by lawful authority of public servant 183.

Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such servant shall be punished with imprisonment for a term not exceeding 6 months, fine not exceeding $4,000 or both.

Obstructing sale of property offered for sale by authority of public servant 184.

Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment for a term not exceeding one month, fine not exceeding $2,000

or both.

Illegal purchase or bid for property offered for sale by authority of public servant 185.

Whoever, at any sale of property held by the lawful authority of a public servant, as such -

purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale; or

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bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment for a term not exceeding one month, fine not exceeding $800 or both.

Obstructing public sewant in discharge of public functions 186.

Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment for a term not exceeding 3 months, fine not exceeding $2,000 or both.

Omission to assist public sewant when bound by law to give assistance 187.

Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance. shall be punished with imprisonment for a term not exceeding one month, fine not exceeding $800 or both.

If such assistance is demanded of him by a public servant legally competent to make such demand for the purposes of -

executing any process lawfully issued by a Court of

Justice;

preventing the commission of an offence;

suppressing a riot or affray; or

apprehending a person charged with or guilty or an offence, or of having escaped from lawful custody, he shall be punished with imprisonment for a term not exceeding 6 months, fine not exceeding $4,000 or both.

Disobedience to order duly promulgated by public sewant 188.

Whoever, knowing that by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall -

if such disobedience causes or tends to cause obstruction, annoyance or injury to any persons lawfully employed, be punished

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with imprisonment for a term not exceeding one month, fine not exceeding $800 or both; and jbj if mdralsooealmce causes or tends to cause dangerm human life. health, or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment for a term not exceeding 6 months, fine not exceeding $4,000 or both.

Explunation - It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces or is likely to produce harm.

gives false evidence in any stage of a judicial proceeding;

or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term not exceeding 7 years and fine; and

gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term not exceeding 3 years and fine.

Explanation I -

A trial before Court-martial is a judicial proceeding.

Explanation 2 - An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

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Illustration

A, in an inquiry before a Magistrate for the purpose of ascertaining whether Zought to be committed for trial, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.

Explcrnation 3 - An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

A, in an inquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.

Giving or fabricating false evidence with intent to procure conviction of capital offence 194.

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code shall be punished with imprisonment for a term not exceeding 15 years and fine.

If an innocent person is convicted in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment 195.

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code is not capital, but punishable with imprisonment for a term of 7 years or more, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of gang-robbery. The punishment of gang-robbery is imprisonment for a term not exceeding 15 years, with or without fine. A, therefore, is liable to such imprisonment, with or without fine.

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Using evidence known to be false 196.

Whoever corruptly uses, or attempts to use. as true or genuine euidence, any evidencewhich he knows bk_false or fabricat&&l be punished in the same manner as if he gave or fabricated false evidence.

Issuing or signing false certificate 197.

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence. knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Using as true, certificate known to be false 198.

Whoever corruptly uses, or attempts to use, any such certificate as a true certificate knowing the same to be false in any material point shall be punished in the same manner as if he gave false evidence.

False statement made in declaration which is by law receivable as evidence 199.

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Using as true such declaration, knowing it to be false 200.

Whoever corruptly uses, or attempts to use, as true, any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation - A declaration which is inadmissible merely upon the ground of some informality is a declaration within the meaning of sections 199 and 200.

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Causing disappearance of evidence of offence or giving false information to screen offender 201.

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information in respect of the offence which he knows or believes to be false, shall -

if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment for a term not exceeding 7 years and fine;

if the offence is punishable with imprisonment not exceeding 10 years or over, shall be punished with imprisonment for a term not exceeding 3 years and fine; and

if the offence is punishable with imprisonment for any term not exceeding 10 years, shall be punished with imprisonment of the description provided for the offence, for a term not exceeding one-fourth part of the longest term of the imprisonment provided for the offence, fine or both.

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment for 7 years and fine.

Intentional omission to give information of offence by person bound to inform 202.

Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information in respect of that offence which he is legally bound to give, shall be punished with imprisonment for a term not exceeding 6 months, fine or both.

Giving false information respecting an offence committed 203.

Whoever, knowing or having reason to believe that an offence has been committed, gives any information in respect of that offence which he knows or believes to be false, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

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Explanation -

In sections 201 and 202 and in this section, "offence"

includes any act committed at any place outside Brunei Darussalam which, if committed in Brunei Darussalam, would be punishable under section 302.

304, 382;TT%? 393, 394. 395, 396, 3V, 398,399,402, 435,436.TTpF50,

457,459 or 460.

Destruction of document to prevent its production as evidence 204.

Whoever -

secretes or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice or in any proceeding lawfully held before a public servant as such; or

obliterates or renders illegible the whole or any part of such document with the intention of preventing the document from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the document for that purpose, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

False personation for purpose of act or proceeding in suit or prosecution 205.

Whoever falsely personates another, and, in such assumed character, makes any admission or statement, or confesses judgment, or causes any process to be issued, or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment for a term not exceeding 3 years, fine or both.

Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution a 206.

Whoever fraudulently removes, conceals, transfers or delivers to any person, any property or any interest therein, intending thereby to prevent that property or interest from being taken -

as a forfeiture, or in satisfaction of a fine, under a sentence which has been pronounced or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority; or

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in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment for a term not exceeding 2 years. fine or both.

Fraudulent claim to property to prevent its seizure as forfeited or in execution 207.

Whoever -

fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest; or

practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken -

as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of

Justice or other competent authority; or

to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled;

or

to be executed against him after it has been satisfied or for anything in respect of which it has been satisfied,

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shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B. either on his own account or for the benefit of

Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.

Dishonestly making false claim in Court 209.

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment for a term not exceeding 2 years and fine.

Fraudulently obtaining decree for sum not due 2 10.

Whoever fraudulently -

obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled;

causes a decree or order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied; or

suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

False charge of offence made with intent to injure 211.

Whoever with intent to cause injury to any person -

institutes, or causes to be instituted, any criminal proceeding against that person; or

falsely charges any person with having committed an offence.

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Penal Code knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

If such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for 7 years or more, he shall be punished with imprisonment for a term not exceeding 7 years and fine.

Harbouring offender 212.

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender with the intention of screening him from legal punishment, shall -

In this section, "offence" includes any act committed at any place outside of Brunei Darussalam, which, if committed in Brunei

Darussalam, would be punishable under section 302, 304, 382, 392, 393,

394,395,396,397,398,399,402,435,436,449,450,457,458,459 or 460;

and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Brunei

Darussalam.

Taking gift etc. to screen offender from punishment 213.

Whoever accepts or attempts to obtain, or agrees to accept -

under pretence; or

on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code;

shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment for a term not exceeding 2 years, fine or both.

Harbouring offender who has escaped from custody or whose apprehension has been ordered 216.

Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him f?om being apprehended, shall be punished in the manner following -

In this section, "offence" includes also any act or omission of which a person is alleged to have been guilty outside Brunei Darussalam, which, if he had been guilty of it in Brunei Darussalam, would have been punishable as an offence, and for which he is, under any law relating to extradition liable to be apprehended or detained in custody in Brunei

Darussalam; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Brunei Darussalam.

Exception -

This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.

Penalty for harbouring robbers or gang-robbers 216A.

Whoever, knowing or having reason to believe that any person are about to commit, or have recently committed, robbery or gang-robbery, harbours them or any of them with the intention of -

If any person convicted under this section is the holder of a licence for the sale of intoxicating liquors or drugs or for keeping of any place of public entertainment or resort, the Court may in its discretion cancel any such licence.

intending thereby to save, or knowing it to be likely that he will thereby save any person from legal punishment or subject him to a less punishment than that to which he is liable; or

with intent to save, knowing that he is likely thereby to save any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture 218.

Whoever, being a public servant and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect -

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with intent to cause. or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person;

with intent thereby to save,ofkflowing it to m e t y that he will thereby save, any person from legal punishment; or

with intent to save, or knowing that he is likely thereby to save. any property from forfeiture or other charge to which it is a liable by law.

shall be punished with imprisonment for a term not exceeding 3 years. fine or both.

Public servant in judicial proceeding corruptly making report etc.

contrary to law 219.

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report. order, verdict or decision which he knows to be contrary to law, shall be punished with imprisonment for a term not exceeding 7 years, fine or both.

Commitment for trial or confinement by person having authority who knows that he is acting contrary to law 220.

Whoever, being in any ofice which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement. in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment for a term not exceeding 7 years, fine or both.

Intentional omission to apprehend on part of public servant bound to apprehend a 221.

Whoever. being a public servant, legally bound as such public servant to apprehend or to keep in confinement, any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping, or attempting to escape, from such confinement. shall be punished as follows -

with imprisonment for a term not exceeding 7 years, with or without fine, if the person in confinement, or who ought to have

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Penal Code been apprehended, was charged with. or liable to be apprehended for, an offence punishable with death;

with imprisonment for a term not exceeding 3 years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with. or liable to be apprehended for, an offence punishable with imprisonment for a term not exceeding 10 years; or

with imprisonment for a term not exceeding 2 years, with or without fine. if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than 10

years.

Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed 222.

Whoever, being a public servant, legally bound as such public servant, to apprehend or to keep in confinement, any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows -

with imprisonment for a term not exceeding 15 years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;

with imprisonment for a term not exceeding 7 years, with or without fine, if the person in confinement, or who ought to have been apprehended, is subject by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for a term of 10 years or more; or

with imprisonment for a term not exceeding 3 years, fine or both, if the person in confinement, or who ought to have been apprehended, is subject by a sentence of a Court of Justice, to imprisonment for a term not exceeding to 10 years, or if the person was lawfully committed to custody.

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offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged, or of which he has been convicted: or

escapes, or attempts to escape, from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

Explanation - The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged or of which he was convicted.

Resistance or obstruction to lawful apprehension of another person 225.

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues, or attempts to rescue, any other person from any custody in which that person is a lawfully detained for an offence -

shall be punished with imprisonment for a term not exceeding 2 years, fine or both;

if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term not exceeding 10 years, shall be punished with imprisonment for a term not exceeding 3 years and fine;

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if the person to be apprehended. or rescued or attempted to be rescued, is charged with, or liable to be apprehended for, an offence punishable with death, shall be punished with imprisonment for a term not exceeding 7 years and fine;

if the person to be apprehended, or rescued or attempted to be rescued, is liable, under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for a term of 10 years or more, shall be punished with imprisonment for a term not exceeding 7 years and fine; or

if the person to be apprehended, or rescued or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for a term not exceeding 15 years and fine.

Omission to apprehend, or sufferance or escape, on part of public servant in cases not otherwise provided for 225A.

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, 222 or 223, or in any other written law for the time being in force, omits to apprehend that person or suffers him to escape from confinement shall be punished -

if he does so intentionally, with imprisonment for a term not exceeding 3 years, fine or both; and

if he does so negligently, with imprisonment for a term not exceeding 2 years, fine or both.

Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not provided for 225B.

Whoever, in any case not provided for in section 224 or 225 or in any other written law for the time being in force -

intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person;

escapes or attempts to escape from any custody in which he is lawfully detained; or

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rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, skafi be punishedwith imprisonment for a tern noT-exceeding 6months, fine or both.

Unlawful return from deportation etc.

by personation or otherwise. shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a

106 CAP. 22

Penal Code juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn; or

knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

Offences for which no special punishment is provided 229A.

Whoever does anything which by any written law in force in Brunei

Darussalam he is prohibited from doing, or omits to do anything which he is so enjoined to do, shall. when no special punishment is provided by the written law for such commission or omission, be punished with fine not exceeding $5,000.

makes or mends, or performs any part of the process of making or mending;

buys, sells or disposes of, any die or instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Possession of instrument or material for purpose of counterfeiting coin 235.

Whoever is in possession of any instrument or material for the purpose of using the instrument or material for counterfeiting coin, or knowing or having reason to believe that the instrument and material is intended to be used for that purpose, shall be punished with imprisonment for a term not exceeding 10 years and fine.

Abetting in Brunei Darussalam counterfeiting of coin outside Brunei

Darussalam 236.

Whoever, being within Brunei Darussalam, abets the counterfeiting of coin outside of Brunei Darussalam, shall be punished in the same manner as if he abetted the counterfeiting of such coin within Brunei Darussalam.

having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed; and

having known at the time when he became possessed of such coin that such offence had been committed with respect to it.

fraudulently or with intent that fraud may be committed, delivers the coin to any other person, or attempts to induce any other person to receive the coin, shall be punished with imprisonment for a term not exceeding 10 years and fine.

a 252.

(No section).

Possession of coin by person who knew it to be altered when he became

~.

possessed thereof 253.

Whoever fraudulently, or with intent that fraud may be committed.

is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been committed; having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment for a term not exceeding 5 years and fine.

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Delivery of coin as genuine, which when first possessed, deliverer did not know to be altered 254.

Whoever -

delivers to any person as genuine. or as a coin of a different description from what it is; or

attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 247 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know what such operation had been performed, shall be punished with imprisonment for a term not exceeding 2 years or fine to an amount not exceeding ten times the value of the coin for which the altered coin is passed or attempted to be passed.

Counterfeiting Government stamp 255.

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment for a term not exceeding 10 years and fine.

Having possession of instrument or material for counterfeiting

Government stamp 256.

Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by

Government for the purpose of revenue, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Making or selling instrument for counterfeiting Government stamp 257.

Whoever -

makes or performs any part of the process of making;

buys, sells or disposes of, any instrument for the purpose of being used; or

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knowing or having reason to believe that it is intended to be used.

forthe purpose of comEifeiting any stamplssued by Gove~mmmmEitfor the purpose of revenue, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Sale of counterfeit Government stamp a 258.

Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Having possession of counterfeit Government stamp 259.

Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intends to use or dispose of the stamp as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Using as genuine Government stamp known to be counterfeit 260.

Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose for which it is ordinarily used, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Effacing writing from substance bearing Government stamp, or removing from document stamp used for it, with intent to cause loss to

Government 261.

Whoever fraudulently or with intent to cause loss to the

removes or effaces from any substance bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used; or

removes from any writing or document, a stamp which has been used for such writing or document in order that such stamp may be used for a different writing or document,

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112 CAP.22

Penal Code shall be punished with imprisonment for a term not exceeding 3 years, fine or both.

Using Government stamp known to have been before used 262.

Whoever fraudulently or with intent to cause loss to the

Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

Erasure of mark denoting that stamp has been used 263.

Whoever fraudulently or with intent to cause loss to Government -

erases or removes from a stamp issued by Government for the purpose of revenue, any mark put or impressed upon such stamp for the purpose of denoting that the stamp has been used;

knowingly has in his possession, or sells or disposes of, any such stamp from which such mark has been erased or removed;

or

sells or disposes of any such stamp which he knows to have been used.

shall be punished with imprisonment for a term not exceeding 3 years, fine or both.

Prohibition of fictitious stamps 263A.

Whoever -

Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized, and shall be forfeited.

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In this section, "fictitious stamp" means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation. whether on paper or otherwise, of any stamp issued by Government for that purpose.

Selling articles bearing designs resembling currency 263B.

Whoever without lawful authority or excuse sells, or offers or exposes for sale, any article which bears a design resembling any currency, bank note or coin, current use in Brunei Darussalam or elsewhere, shall be punished with imprisonment for a term not exceeding 6 months, fine of

$4,000 or both.

putting any vessel into a state of quarantine, or for regulating the intercourse of vessels, in a state of quarantine with the shore, or with other vessels; or

regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment for a term not exceeding one year and fine.

Adulteration of food or drink for sale 272.

Whoever adulterates any article of food or drink so as to make such article noxious as food or drink -

intending to sell such article as food or drink; or

knowing it to be likely that the article will be sold as food or drink, shall be punished with imprisonment for a term not exceeding 2 years and fine.

Sale of noxious food or drink 273.

Whoever sells, offers or exposes for sale as food or drink, any article which -

has been rendered or has become noxious; or

is in a state unfit for food or drink, knowing or having reason to believe that the article is noxious as food or drink, shall be punished with imprisonment for a term not exceeding 2 years and fine.

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Penal Code

Adulteration of drugs 274.

Whoever adulterates any drug or medical preparation in such a manner as to -

lessen the efficacy or change the operation of such drug or medical preparation; or

make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment for a term not exceeding 2 years and fine.

Sale of adulterated drugs 275.

Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, change its operation, or render it noxious -

sells the same, or offers or exposes it for sale;

issues it from any dispensary for medicinal purposes as unadulterated; or

causes it to be used for medicinal purposes by any person n0.t knowing of the adulteration, shall be punished with imprisonment for a term not exceeding 2 years and fine.

Sale of drug as different drug or preparation 276.

Whoever knowingly -

sells, or offers or exposes for sale; or

issues from a dispensary for medicinal purposes, any drug or medical preparation as a different drug or medical preparation, shall be punished with imprisonment for a term not exceeding 2 years, fine not exceeding $4,000 or both.

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CAP. 22 117

Use of forceps, except by medical practitioner, prohibited 276A.

Any person, other than a registered medical practitioner, who uses mttempts to laseforceps whenassisting in hxklivery of addd shall be punished with imprisonment for a term not exceeding 2 years, fine not exceeding $8,000 or both.

Fouling water of public spring or reservoir 277.

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for a term not exceeding one year and fine.

Offences caused by fire 277A.

Notwithstanding any other written law -

Notwithstanding any other written law -

Any such registered owner or occupier is not guilty of an offence under subsection (I) or (2) if he proves to the satisfaction of the court that -

In this section -

"Minister" means the Minister designated by His Majesty the

Sultan and Yang Di-Pertuan as the Minister responsible for environment;

"occupier" means the person in occupation of the open place or places, or having the charge, management or control thereof either on his own account or as agent of another person, and includes a tenant or lodger;

"prescribed period" means any period beginning with such date as may be declared by the Minister by order published in the

Gazette to be the commencement, and ending with such date as may be so declared to be the termination, of the prescribed period for the purpose of this section.

Making atmosphere noxious to health 278.

Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on

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CAP. 22 119

business in the neighbourhood or passing along a public way, shall be punished with fine not exceeding $1 00,000.

Rash driving rnriding on pnbkway 279.

Whoever drives any vehicle, or rides, on any public way, in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment a for a term not exceeding 3 years and fine.

Rash navigation of vessel 280.

Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person.

shall be punished with imprisonment for a term not exceeding 5 years and fine not exceeding $1 0,000.

Exhibition of false light, mark or buoy 281.

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment for a term not exceeding 7 years, fine or both.

Conveying person by water for hire in unsafe or overloaded vessel 282.

Whoever knowingly or negligently conveys or causes to be conveyed, for hire, any person by water, in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment for a term not exceeding 5 years and fine.

Danger or obstruction in public way or line of navigation 283.

Whoever, by doing any act, or omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine.

Negligent conduct with respect to poisonous substance 284.

Whoever -

For the purposes of this section and section 293, an article is deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who, having regard to all relevant circumstances, are likely (or would have been likely but for the lawful seizure of the article) to read, see or hear the matter contained or embodied in it.

In this section, "article" means any description of article containing or embodying matter to be read or looked at or both, any sound record, and any film, video cassette, photographic negative or other record of a picture.

Whoever -

Whoever has in his possession an indecent or obscene photograph or pseudo-photograph of a child shall be punished with imprisonment for a term not exceeding 5 years, fine or both.

Where a person is charged with an offence under subsection (1): it shall be a defence for him to prove that -

Whoever -

In this section, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

For the purposes of subsection (l)(e), a person accesses an indecent or obscene photograph or pseudo-photograph of a child if he knowingly causes the indecent or obscene photograph or pseudo-photograph to be viewed by, or transmitted to, himself.

Where a person is charged with an offence under subsection (l)(b) or (c), it shall be a defence for him to prove that -

In sections 293A and 293B -