A closer look at the offence of obstruction of justice in Singapore (section 204a penal code)

In an interview with CNA, Chooi Jing Yen shared his views on the offence of Obstructing Justice in Singapore, found in Section 204A of the Penal Code. He also shared how the law may affect tip-offs about police raids and traffic offences.

1. The Offence of Obstruction of Justice in Singapore

Section 204A of the Penal Code (Chapter 224, 2008 Rev Ed) criminalises the act of obstructing, preventing, perverting or defeating course of justice.

Anyone who is convicted of an offence under Section 204A may be sentenced to a fine and/or up to 7 years’ imprisonment.

During the 2019 amendments to the Penal Code, Section 204A was substantially amended, and the current iteration of the provision came into effect on 1 January 2020.

2. Amendments to Section 204A of the Penal Code

Prior to the amendment of the Penal Code, Chooi noted that, to secure a conviction on a charge of obstruction of justice, the Prosecution needed to prove beyond a reasonable doubt that the offender possessed an intention to obstruct, prevent, pervert or defeat the course of justice.

In law, an intention is a higher threshold then, for example, recklessness or mere knowledge. This important distinction will become clearer when we compare the wording of Section 204A of the Penal code before and after it was amended.

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