Understand Cheating Charges in Singapore Laws, Regulations and Penalties Explained

Cheating charges in Singapore are criminal offences that refer to fraudulent or deceitful activities that aim at procuring financial gains from individuals or entities. Singapore, known for its strict legal system, takes a tough stance against dealing with such cheating charges.

Hence, it is important to understand the legal framework governing these offences in Singapore, the different forms they can take, and the potential consequences individuals may face when found guilty.

What is the definition of cheating in Singapore?

The Singaporean Penal Code 1871, in its section 415, defines the cheating charges in Singapore. It also lists the elements necessary for an offence to be defined as cheating and puts forth several explanations and illustrations.

An individual is said to have cheated when they deceive another person or entity, regardless of whether deception is the sole or main reason, and induces them dishonestly or fraudulently to:

• Perform an Act: Encouraging them to carry out a specific action.
• Make or Deliver Valuable Security: Persuading them to create or hand over assets, securities, or valuable items.
• Account for Money or Property: Forcing them to provide an account of financial assets or property.
• Alter Behavior: Influencing them to either do or not do something they would not have done or refrained from doing if they were not deceived.

Elements necessary for cheating charges in Singapore:

For an offence to be considered cheating, there are certain elements whose presence has to be proved in the court. Those elements are:

• Deception: For an offence to be considered cheating, the accused must have been involved in deceitful or dishonest activities to gain an unfair advantage at the expense of other parties.
• Intent: The court must be presented with enough evidence to believe that the offender intended to obtain personal gains through the activities in question.
• Harm: For an offence to be considered cheating, the said activities must cause or have the potential to cause harm to the victims in the following manners - financial losses, reputational damage, or unfair competition.

Laws governing cheating charges in Singapore and penalties:

Sections 415 to 420 of the Singaporean Penal Code 1871 share the definitions of various forms of cheating and their punishments. We take a brief look at the sections governing the cheating charges in Singapore:

• Section 415: This section defines the offence of cheating in the Singaporean Penal Code.
• Section 416: This section deals with the offence of cheating which involves pretending to be someone else to deceit others.
• Section 416A: This section deals with the offence of cheating wherein personal information of others is obtained by the offender through deceitful measures.
• Section 417: This section specifies the punishment for the offence of cheating in Singapore.
• Section 418: This section deals with the offence of cheating where the offender knows that their actions could cause harm to someone whose interests they are responsible for protecting.
• Section 419: This section specifies the punishments for the offence of cheating by personation in Singapore.
• Section 420: This section deals with the offence of cheating where someone is deceived into delivering property or assets to the offender.
• Section 420A: This section deals with the offence of cheating where the accused acquires services through deceitful measures.

The penalties defined for cheating charges in Singapore vary on a case-to-case basis. The court looks at the specifics and the severity of the offence before declaring one of the three kinds of penalties for the accused:

• Imprisonment: For cheating charges in Singapore, an accused can get a jail term, which may extend up to no more than 10 years. However, the length of the term depends on the kind of cheating and the severity of the offence.
• Fine: There is no upper limit to the amount an accused can receive as a fine for the offence of cheating in Singapore.
• Imprisonment and Fine: In some cases, an offender can receive both, a jail term and a hefty fine, as punishment for cheating in Singapore.

What should you do when charged with cheating in Singapore?

When charged with a cheating offence in Singapore, it is best to get an expert criminal defence lawyer in Singapore to protect your interests. The defence attorney can help you understand your rights and options and build a strong defence for you.

An expert criminal lawyer in Singapore can help you with the process of negotiating with the prosecution for a plea bargain, thus reducing your penalties significantly. And with their experience and knowledge, you can understand how to avoid such charges in the future.

Call us today to get your case evaluated by our expert criminal solicitor.