Section 409B

misappropriated that property;

used or disposed 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 had made touching the discharge of such trust; or

suffered any person to do any of the acts described in paragraph (a) or (b), it shall be presumed that he had acted dishonestly until the contrary is proved.

the possession whereof has been transferred by theft, extortion or robbery; and

which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as "stolen property" whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or outside

Brunei Darussalam. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

Penal Code

CAP. 22 179

Dishonestly receiving stolen property 411.

Whoever dishonestly receives or retains any stolen property, knowing-arhaving reason to believe the property to be stolen prop&y,skall be punished with imprisonment for a term not exceeding 3 years, fine or both.

Dishonestly receiving property stolen in commission of gang-robbery 412.

Whoever dishonestly -

receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of gang-robbery; or

receives from a person whom he knows or has reason to believe to belong, or to have belonged. to a gang of robbers, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for a term not exceeding 15 years and fine.

Habitually dealing in stolen property 413.

Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term not exceeding 10 years and fine.

Assisting concealment of stolen property 414.

Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property shall be punished with imprisonment for a term not exceeding 5 years and fine.

Cheating

Cheating 415.

Whoever, by deceiving any person -

B. L.R.O. 5 -7021

180

Penal Code

fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property; or

intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes, or is likely to cause, damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation -

A dishonest concealment of facts is a deception within the meaning of this section.

( a A, by falsely pretending to be in the civil service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit, goods for which he does not mean to pay.

A cheats.

A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer and thus dishonestly induces

Z to buy and pay for the article. A cheats.

A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample and thereby dishonestly induces Z to buy and pay for the article. A cheats.

A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

fl A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.

(&I

A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces

Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of con tract.

( I ) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.

A cheats.

Penal Code

CAP.22 181

A sells and conveys an estate to B. A. knowing that in consequence of such sale, he has no right to the property, sells or mortgages the estate to Z. without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from

Z. A cheats.

--

- -

- -

-

Cheating by personation 416.

A person is said to "cheat by personation" if he cheats by -

pretending to be some other person;

knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Explanution - The offence is committed whether the individual personated is a real or imaginary person.

Illustrations

A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Punishment for cheating 417.

Whoever cheats shall be punished with imprisonment for a term not exceeding 3 years and fine.

Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect 418.

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates he was bound, either by law or by a legal contract, to protect, shall be punished with imprisonment for a term not exceeding 7 years and fine.

Punishment for cheating by personation 419.

Whoever cheats by personation shall be punished with imprisonment for a term not exceeding 7 years and fine.

182 CAP. 22

PenaI Code

Cheating and dishonestly inducing delivery of property 420.

Whoever cheats and thereby dishonestly induces the person deceived to -

deliver any property to any person; or

make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment for a term not exceeding 7 years and fine.

FrauduIenl deeds and dispositions ofproperty

Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors 421.

Whoever dishonestly or fraudulently -

removes, conceals or delivers to any person; or

transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.

Dishonest or fraudulently preventing debt being available for creditors 422.

Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.

Dishonest or fraudulent execution of deed of transfer containing false statement of consideration 423.

Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which -

Penal Code

CAP. 22 183

purports to transfer or subject to any charge any property, or any interest therein; and

coPltaiKs any false statemem relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.

Dishonest or fraudulent removal or concealment of property 424.

Whoever -

dishonestly or fraudulently conceals or removes any property of himself or any other person;

dishonestly or fraudulently assists in the concealment or removal thereof; or

dishonestly releases any demand or claim to which he is entitled.

shall be punished with imprisonment for a term not exceeding 5 years, fine or both.

Mischief

Mischief 425.

Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public, or to any person, causes -

the destruction of any property;

any such change in any property, or in the situation thereof.

as destroys or diminishes its value or utility; or

affects it injuriously, commits "mischief '.

184 CAP. 22

Penal Code

Explanation 1 -

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wronghl loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2 -

Mischief may be committed by an act affecting property belonging to the person who commits the act. or to that person and others jointly.

Illustrations

A voluntarily bums a valuable security belonging to Z. intending to cause wrongful loss to Z. A has committed mischief.

A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

A. knowing that his effects are about to be taken in execution in order to satisfy a debt from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and thus causing damage to Z. A has committed mischief,

A, having insured a ship, voluntarily causes the ship to be cast away, with the intention of causing damage to the under writers. A has committed mischief.

&I A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief.

A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

A causes cattle to enter upon a field belonging to Z, intending to cause, and knowing that he is likely to cause. damage to Z's crop. A has committed mischief.

Punishment for mischief 426.

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

Mischief causing damage to amount of $500 427.

Whoever commits mischief, and thereby causes loss or damage to the amount of $500 or more, shall be punished with imprisonment for a term not exceeding 5 years and whipping with not less than 2 strokes.

Penal Code

CAP. 22 185

Mischief in protected place or place of worship 427A.

in a protected place; or

to any building used as a place for worship. or any property therein.

shall be punished with imprisonment for a term not exceeding 5 years and whipping with not less than 4 strokes.