Section 388

death or hurt or wrongful restraint; or

fear of instant death, or of instant hurt, or of instant wrongful restraint.

by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some other person; and

by so putting in fear, induces the person so put in fear there and then to deliver up the thing extorted.

Explanation -

The offender is said to be present if he is sufficiently near to put the other person in fear of instant death. of instant hurt or of instant wrongful restraint.

A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here, A has committed theft, and, in order to commit that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

A meets Z on the high road, shows a pistol and demands Z's purse. Z, in consequence, surrenders his purse. Here, A has extorted the purse from Z by putting him in fear of instant hurt, and being, at the time of committing the extortion, in his presence, A has therefore, committed robbery.

A meets Z and Z's child on the high road, A takes the child, and threatens to fling it down a precipice unless Z delivers his purse. Z, in consequence, delivers his purse. Here, A has extorted the purse from Z by causing Z to be in fear of instant hurt to the child who is there present. A has therefore, committed robbery on Z.

A obtains property from Z by saying "Your child is in the hands of my gang, and will be put to death unless you send us $10,000". This is extortion, and punishable as such;

but it is not robbery unless Z is put in fear of the instant death of his child.

Gang-robbery 391.

When -

two or more persons conjointly commit or attempt to commit a robbery, or, where the whole number of persons conjointly committing, or attempting to commit, a robbery; and

persons present and aiding such commission or attempt amount to two or more, every person so committing, attempting, or aiding is said to commit "gang-robbery".

Penal Code

CAP. 22 173

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Punishment for robbery 392.

Whoever commits robbery shall be punished with imprisonment for a term llatexceeding 30 years and whipping with not less than llstr&s

Attempt to commit robbery 393.

Whoever attempts to commit robbery shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.

Voluntarily causing hurt in committing robbery 394.

If any person, in committing, or in attempting to commit robbery, voluntarily causes hurt, such person and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.

Punishment for gang-robbery 395.

Whoever commits gang-robbery shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.

Gang-robbery, with murder 396.

If any one of two or more persons, who are conjointly committing gang-robbery commits murder in so committing gang-robbery, every one of those persons shall be punished with death.

Robbery or gang-robbery, with attempt to cause death or grievous hurt 397.

If, at the time of committing or attempting to commit robbery or gang-robbery, the offender -

uses any deadly weapon;

causes grievous hurt to any person; or

attempts to cause death or grievous hurt to any person, the offender shall be punished with imprisonment for a term of not less than 7 years and whipping with not less than 12 strokes.

B. L.R.O. 5'2021

174 CAP. 22

Penal Code

Robbery or gang-robbery, when armed with deadly weapon 398.

If, at the time of committing or attempting to commit robbery or gang-robbery, the offender is armed with any deadly weapon. the offender shall be punished with imprisonment for a term of not less than 7 years and whipping with not less than 12 strokes.

Making preparation to commit gang-robbery 399.

Whoever makes any preparation for committing gang-robbery shall be punished with imprisonment for a term not exceeding 10 years and whipping with not less than 12 strokes.

Punishment for belonging to gang of robbers 400.

Whoever belongs to a gang of persons associated for the purpose of habitually committing gang-robbery shall be punished with imprisonment for a term not exceeding 15 years and whipping with not less than 6 strokes.

Punishment for belonging to gang of thieves 401.

Whoever belongs to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang-robber, shall be punished with imprisonment for a term not exceeding 7 years and whipping with not less than 6 strokes.

Assembling for purpose of committing gang-robbery 402.

Whoever is one of two or more persons assembled for the purpose of committing gang-robbery shall be punished with imprisonment for a term not exceeding 7 years and whipping with not less than 6 strokes.

Crim inal misappropriation of property

Dishonest misappropriation of property 403.

Whoever dishonestly misappropriates or converts to his own use any movable property shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

Penal Code

CAP. 22 175

Illustrations

A takes property belonging to Z out of T s possession, in good faith believing, at the time when he takes it, that the property belongs himself. A is not guilty oftheft~but ifA, after discoiGing his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

A, being on friendly terms with Z, goes into T s library in T s absence, and takes away a book without Z's express consent. Here, if A was under the impression that he had

T s implied consent to take the book for the purpose of reading it, A has not committed theft.

But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.

(4 A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

A finds a purse with money, not knowing to whom it belong; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

fl A finds a valuable ring not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.

Dishonest misappropriation of property possessed by deceased person at time of his death 404.

Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person's decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term not exceeding 3 years and fine.

If the offender, at the time of such person's decease, was employed by him as a clerk or servant, he shall be punished with imprisonment for a term not exceeding 7 years.

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it.

A has committed the offence defined in this section.

176 CAP. 22

Penal Code

Criminal breach oftrust

Criminal breach of trust 405.

Whoever, being in any manner entrusted with property, or with any dominion over property -

dishonestly misappropriates or converts to his own use that property;

dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust; or

wilfully suffers any other person so to do.

commits criminal breach of trust.

Illus frat ions

A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust.

A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach oftrust.

A, residing in Brunei Darussalam, is agent for Z, residing at Kuala Belait. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A according to T s direction. Z remits $10.000 to A, with directions to invest the same in land. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust.

But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for T s advantage to hold in a local company, disobeys Z's directions, and buys shares in the local company for Z, instead of buying land, here, though Z should suffer loss, and should be entitled to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

A, a Magistrate or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the

Government, to pay into a certain treasury all the public money which he holds.

A dishonestly appropriates the money. A has committed criminal breach of trust.

03

A, a carrier, is entrusted by Z with property to be carried by land or by water.

A dishonestly misappropriates the property. A has committed criminal breach of trust.

Penal Code

CAP. 22 177

a

Punishment for criminal breach of trust 406.

Whoever commits criminal breach of trust shall be punished with imprisonment far a term not exceeding 10 y e a r w d fine.

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[S 66/2018]

Criminal breach of trust by carrier etc.