323 cases

Tiggerific SG

more and more 323 cases are being brought into the limelight nowdays. misconceptions about non-seizable offences, magistrate's complaints, arrests, legal powers, follow ups done...

well, just to transfer an old discussion, if you'd like:

any inputs from anyone in this forum?

Tiggerific SG

haha... dr chee soon juan lah. Laughing

corebooster SG

we dun have the power. thats it. its not our fault. chapter 323 is there for a reason, its to differentiate whether the case is serious enough for police to take action. therefore to prevent people from taking advantage of chapter 323, a magistrate report is needed for police to take further actions.

the lockups will be full if police were to have power to arrest people who committed/or are thought to have committed an offence under chapter 323.

Tiggerific SG

but the typical person wouldn’t know. and they make assumptions…

qazplm SG

i rest my case....

thought it have been explained over and over again? email have been sent out for clarifications too? my god....

Sec 323 Cap 224 (Penal Code) is NOT, i would like to mention again, ITS NOT A CIVIL CASE!!!

its a non-seizable case where police have not power of investigation as stated on CPC Sec 120 to 126 CAP 68 (Criminal Procedure Code), as such victim is advised to lodge a magistrate complaint at sub court and with the powers granted from Magistrate then the police can exercise whatever that is stated on Sec 120 to 126 of Cap 68 prior to the case.

HOWEVER, if the assailant "refusal to give name and residence". under Sec 32 Cap 68 of CPC, officers can execute to arrest without warrent in order to ascertain his particulars and to let him go after establishing it. If the act is committed in front of the officers, they can use some of the sections stated in Cap 184 (MISCELLANEOUS OFFENCES (PUBLIC ORDER AND NUISANCE) ACT).

Hope this can be useful to all.... cheers.. Mr. Green

Tiggerific SG

tiring to explain, innit? i think no amount of explaining will appease our allegedly 'educated' public, though. Rolling Eyes

but i suppose we all do what we can. we do our best, God does the rest. Smile