Section 119 of the Penal Code (Singapore)

Section 119 of the Penal Code which falls under CHAPTER V: ABETMENT states:

A public servant concealing a design to commit an offence which it is his duty to prevent

119. Whoever, being a public servant, intending to facilitate, or knowing it to be likely that he will thereby facilitate, the commission of an offence, the commission of which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if the offence is committed, be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 15 years, and also be liable to fine; or if the offence is not committed, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; or, if the offence not committed is punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to 7 years, and also be liable to fine. [51/2007]

=Relation to Section 377A of the Penal Code=

Section 377A of the Penal Code criminalises any act of gross indecency between two males, even if it is consensual and private.

Under Section 119 of Penal Code, any policeman (regarded as a public servant) who fails to prevent a crime specified under Section 377A is punishable with imprisonment for a term which may extend to one year (one-half the longest term for Section 377A).

To illustrate with an example, if a domestic worker calls the police to inform them that her adult male employer is having sex with another consenting adult male, the police are mandated by Section 119 of the Penal Code to prevent the offence from taking place. Any omission to do so will result in a criminal penalty. Section 119 criminalises the action of the police by way of failure to attend at the scene of the private place where the alleged consensual sex between consenting adult males took place. Section 119 therefore brings the spectre of criminal prosecution to the police force for not preventing the aforesaid sexual acts between consenting adult males in private captured by Section 377A.

=See also=
 * Section 377A of the Penal Code
 * Section 176 of the Penal Code
 * Section 119 of the Penal Code

=References=
 * Penal Code, Statutes Online:
 * Criminal Procedure Code, Statutes Online:

=Acknowledgements=

This article was written by Roy Tan.