Intoxicating Substances Act 1987

Intoxicating Substances
Act 1987

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to prohibit the misuse of certain substances which may cause intoxication when inhaled and for purposes connected therewith.

[1 November 1987]

PART 1

PRELIMINARY

Short title

1.  This Act is the Intoxicating Substances Act 1987.

Interpretation

2.  In this Act, unless the context otherwise requires —

“approved centre” means any place or premises declared by the Minister to be an approved centre under section 18;

“article liable to seizure” means anything by means of or in respect of which an offence under this Act has been committed or which contains evidence of an offence under this Act;

“Commissioner of Prisons” means the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933;

“Director” means the Director of the Central Narcotics Bureau appointed under section 3(1) of the Misuse of Drugs Act 1973 and includes any Deputy Director of the Bureau;

“Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;

“inmate” means a person who is detained in an approved centre;

“intoxicating substance” means any substance having the property of releasing toxic vapours or fumes which contain any chemical compound specified in the Schedule and which when inhaled induces or causes a state of intoxication;

“officer of the Bureau” means the Director or any person appointed under section 3 of the Misuse of Drugs Act 1973 as a Deputy Director, an Assistant Director or an officer of the Central Narcotics Bureau;

“police officer” has the meaning given by the Police Force Act 2004 and, in relation to a person who is subject to military law under the Singapore Armed Forces Act 1972, includes a military policeman as defined in section 2(1) of that Act;

“prison officer” has the meaning given by the Prisons Act 1933;

“Review Committee”, in relation to any approved centre, means the Review Committee appointed for the approved centre under section 20;

“special police officer” means a member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004;

“supervision order” means a written order by the Director made under section 16;

“supervision period” means the period for which a person is placed under supervision pursuant to a supervision order made under section 16;

“supply” includes having possession for the purpose of supply.

[3/2006; 1/2014]

PART 2

OFFENCES RELATING TO INTOXICATING SUBSTANCES

Offence of misuse of intoxicating substances

3.—(1)  A person must not, for the purpose of inducing or causing in himself or herself a state of intoxication, use or inhale any intoxicating substance.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence.

Offence of supply of intoxicating substances

4.—(1)  A person must not sell or supply or offer to sell or supply an intoxicating substance to any person if the person knows or has reasonable cause to believe that the intoxicating substance is, or its fumes are, likely to be used or inhaled in contravention of section 3(1) by the person to whom the substance is sold or supplied or by another person.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

General powers to call for information as to intoxicating substances

5.—(1)  The Director may require any person who, in the course of conducting a business, sells or supplies or offers to sell or supply any intoxicating substance to produce such documents, to answer such questions and to provide such information as the Director may consider necessary for the effective exercise of the Director’s powers and performance of the Director’s duties under this Act.

(2)  Any such requisition must be made in writing served on the person to whom it is addressed, and any such service is good service if the requisition —

(a) is left with that person, or is left with any adult at the usual or last known place of residence or business of that person; or

(b) is served on that person by post at that person’s usual or last known place of residence or business.

(3)  Every person required to produce any document, answer any question or provide any information must produce the document, answer the question or provide the information within the time that may be stated in the requisition.

(4)  Any person required to produce any document, answer any question or provide any information under this section who —

(a) without lawful excuse fails to comply with any requisition under this section;

(b) produces any document which is false in any material particular, or has not been given or made by the person by whom it purports to have been given or made, or has been in any way altered or tampered with; or

(c) makes any declaration, statement or representation which is false in a material particular,

shall be guilty of an offence.

PART 3

EVIDENCE AND ENFORCEMENT

Protection of informers

6.—(1)  Except as provided in subsection (3) —

(a) no information for an offence under this Act is to be admitted in evidence in any civil or criminal proceedings; and

(b) no witness in any civil or criminal proceedings is obliged —

(i) to disclose the name and address of any informer who has given information with respect to an offence under this Act; or

(ii) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer.

(2)  If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

(3)  If —

(a) in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true; or

(b) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer,

the court may permit inquiry and require full disclosure concerning the informer.

Powers of arrest

7.—(1)  Any officer of the Bureau, police officer or special police officer may arrest without warrant any person who has committed or whom the officer reasonably suspects to have committed an offence under this Act.

(2)  Any person arrested under subsection (1), together with any article liable to seizure, must be taken to the Central Narcotics Bureau or a police station and may be searched.

(3)  A woman must not be searched under this Part except by another woman and with strict regard to decency.

(4)  An officer making an arrest under this section may seize and detain any article liable to seizure.

Bail and bond

7A.—(1)  A person who has been arrested by an officer of the Bureau, police officer or special police officer under section 7(1) may be released on bail or on personal bond granted by any officer of the Bureau.

(2)  Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:

(a) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Bureau;

(b) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Director.

[Act 16 of 2024 wef 18/11/2024]

Powers of search and seizure

8.—(1)  Any officer of the Bureau, police officer or special police officer may at any time —

(a) without a warrant enter and search any place or premises in which he or she reasonably suspects that there is to be found any article liable to seizure;

(b) search any person found in that place or premises; and

(c) seize and detain any article liable to seizure found in that place or premises.

(2)  For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing.

Obstruction of search

9.  Any person who —

(a) obstructs any officer of the Bureau, police officer or special police officer in the exercise of any power under this Act; or

(b) fails to comply with any lawful requirement of any officer of the Bureau, police officer or special police officer in the execution of his or her duty under this Act,

shall be guilty of an offence.

Forfeiture

10.—(1)  Where anything is seized under this Act, the officer who carried out the seizure must immediately give notice in writing of the seizure to the owner of that thing, if known, either by delivering the notice personally to the owner or by post at his or her place of residence, if known.

(2)  A notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or the owner’s agent.

(3)  An order for the forfeiture of any article liable to seizure is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence.

(4)  If there is no prosecution with regard to any article seized under this Act, that article is deemed to be forfeited on the expiry of one month from the date of seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.

Disposal of things forfeited

11.  All things which are forfeited to the Government under this Act are to be disposed of in such manner as the Minister thinks fit.

Powers of investigation of officers of Bureau

12.—(1)  In any case relating to the commission of an offence under this Act, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence.

[15/2010]

(2)  For the purposes of subsection (1), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau is deemed to be an officer not below the rank of inspector of police.

[15/2010]

Blood tests

13.—(1)  Any officer of the Bureau, police officer, special police officer, or the officer-in-charge of an approved centre may require any person who has used or inhaled, or is reasonably suspected to have used or inhaled, any intoxicating substance for the purpose of inducing or causing a state of intoxication to provide to a registered medical practitioner a specimen of his or her blood for a laboratory test.

(2)  A person is not required to provide a specimen of his or her blood for a laboratory test under subsection (1) if the registered medical practitioner in immediate charge of his or her case objects to the provision of the specimen on the ground that it would be prejudicial to the proper care or treatment of that person.

(3)  A person who, without reasonable excuse, fails to provide a specimen of his or her blood for a laboratory test pursuant to a requirement imposed under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months.

(4)  Any officer of the Bureau, police officer or special police officer, or the officer-in-charge of an approved centre must, on requiring any person under this section to provide a specimen of blood for a laboratory test, warn him or her that failure to provide a specimen of blood may make him or her liable to a fine or imprisonment, and, if such officer fails to do so, the court before which the person is charged with an offence under subsection (3) may dismiss the charge.

(5)  For the purposes of any proceedings for an offence under section 3, a certificate purporting to be signed by a registered medical practitioner that the registered medical practitioner took a specimen of blood from a person with that person’s consent is evidence of the matters so certified and of the qualifications of the registered medical practitioner.

(6)  The certificate referred to in subsection (5) must not be accepted as evidence for the prosecution unless a copy of the certificate had been served on the accused not less than 7 days before the hearing.

(7)  For the purposes of this section, the consent of a person who has attained 16 years of age to providing a specimen of blood pursuant to a requirement imposed under subsection (1) is as effective as it would be if he or she were of full age.

(8)  Where the person referred to in subsection (7) has, by virtue of that subsection, given an effective consent, it is not necessary to obtain any consent from his or her parent or guardian in respect of him or her providing the specimen of blood.

Presumption of misuse of intoxicating substance

14.—(1)  A person is presumed, until the contrary is proved, to have used or inhaled any intoxicating substance for the purpose of inducing or causing in himself or herself a state of intoxication if the specimen of blood provided by him or her under section 13 is certified by —

(a) an analyst employed by the Health Sciences Authority; or

(b) any other person that the Minister may appoint,

[Act 5 of 2025 wef 09/03/2025]

to contain an amount of any chemical compound specified in the first column of the Schedule in excess of the amount specified in the second column of the Schedule in relation to that chemical compound.

[3/2006]

[Act 5 of 2025 wef 09/03/2025]

(2)  An appointment under subsection (1)(b) must be published in the Gazette.

[Act 5 of 2025 wef 09/03/2025]

Certificate of analyst, etc.

15.—(1)  A certificate purporting —

(a) to be signed by —

(i) an analyst employed by the Health Sciences Authority; or

(ii) such other person as the Minister may appoint; and

[Act 5 of 2025 wef 09/03/2025]

(b) to relate to any chemical compound specified in the Schedule,

is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, is to be proof of all matters contained in the certificate.

[3/2006]

(1A)  An appointment under subsection (1)(a)(ii) must be published in the Gazette.

[Act 5 of 2025 wef 09/03/2025]

(2)  The certificate under subsection (1) must not be accepted as evidence for the prosecution unless a copy of the certificate had been served on the accused not less than 7 days before the hearing.

PART 4

TREATMENT AND REHABILITATION

Supervision

16.—(1)  If as a result of a blood test under section 13, it appears to the Director that the person who supplied the specimen of blood for the blood test has used or inhaled any intoxicating substance in contravention of section 3 and that it is necessary for that person to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau or a person appointed by the Director for that purpose for a supervision period not exceeding 12 months.

(2)  The Director may make a supervision order requiring —

(a) a person who has been convicted of an offence under section 3(2); or

(b) a person who has been discharged from an approved centre under section 21,

to be subject to supervision by an officer of the Bureau or a person appointed by the Director for that purpose for a supervision period not exceeding 12 months.

[3/2006]

(3)  Where the person mentioned in subsection (2)(a) is sentenced to a term of imprisonment, the supervision order commences upon the expiration of that sentence.

[3/2006]

(4)  A supervision order made under subsection (1) or (2) may require the person subject to the supervision order to comply during the whole or any part of the supervision period with any requirements as to residence and any other requirements that the Director, having regard to the circumstances of the case, considers necessary for securing the good conduct of that person.

(5)  Any person who wilfully fails to comply with any requirement in the supervision order mentioned in subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Treatment and rehabilitation

17.—(1)  If at any time during or after the supervision period a person who is or has been subject to a supervision order is arrested under section 7 on the ground that the person is reasonably suspected to have committed an offence under section 3, the Director may, having regard to the result of a medical examination or observation or a blood test under section 13 and, where applicable, a report of the supervising officer in relation to the person concerned, if it appears to the Director that it is necessary for that person to undergo treatment and rehabilitation at an approved centre, by order in writing direct the person to be admitted to an approved centre and detained there for a period not exceeding 6 months.

(2)  An approved centre may admit any person —

(a) who uses or inhales any intoxicating substance for the purpose of inducing or causing a state of intoxication; or

(b) under 21 years of age who uses or inhales any intoxicating substance for the purpose of inducing or causing a state of intoxication on the application made by either parent of such person or by his or her guardian or by any person for the time being having the custody or control of such person,

for voluntary treatment and rehabilitation on the terms and conditions that may be prescribed.

(3)  Every person who is admitted to an approved centre under subsection (2) must not be detained in that centre for a period exceeding 6 months.

(4)  Any statement made by a person admitted to an approved centre under subsection (2) for the purpose of undergoing treatment and rehabilitation is not admissible in evidence against him or her in respect of any subsequent prosecution for an offence under this Act.

(5)  If the Review Committee of an approved centre is of the opinion that an inmate of that centre whose period of detention in that centre is about to expire requires further treatment or rehabilitation or both, the Committee may by order in writing direct that the inmate be detained in the centre for a further period or periods not exceeding 3 months at any one time.

(6)  No person in respect of whom an order has been made under subsection (1) is to be detained in an approved centre or centres for a period of more than 12 months after his or her admission to any approved centre pursuant to such order.

(7)  In this section, “supervising officer” means an officer of the Bureau or a person appointed by the Director under section 16 who is charged with the responsibility for the supervision of the person brought before the Director under subsection (1).

Approved centres

18.  The Minister may, from time to time, by notification in the Gazette, declare any place or premises to be an approved centre for the purpose of the treatment and rehabilitation of persons who use or inhale intoxicating substances for the purpose of inducing or causing a state of intoxication and may at any time in like manner revoke or amend any such notification.

Administration of approved centres

19.—(1)  Subject to the Minister’s directions, the general charge and administration of —

(a) approved centres, except those designated under paragraph (b), is under the Commissioner of Prisons; and

(b) such approved centres as the Minister may designate is under such person as the Minister may appoint.

[1/2014]

(2)  The Commissioner of Prisons or the person appointed under subsection (1)(b) (as the case may be) may appoint a person to be the officer-in-charge of an approved centre and such person is responsible for the supervision and administration of that approved centre.

[1/2014]

(3)  Subject to such modifications as may be made by the Commissioner of Prisons, the standing orders issued under the Prisons Act 1933 apply to an approved centre under the charge of the Commissioner of Prisons as they apply to a prison.

[1/2014]

(4)  The person appointed under subsection (1)(b) may in writing issue orders, to be called standing orders, for the approved centres designated under his or her charge.

Review Committees for approved centres

20.—(1)  The Minister must appoint for any approved centre or centres a Review Committee which has such functions as are conferred upon it by this Act.

(2)  Every Review Committee consists of a Chairperson, who must be a person registered under the Medical Registration Act 1997, and 5 other members.

(3)  The Chairperson and members of a Review Committee are appointed by the Minister for a term not exceeding 3 years, but may —

(a) from time to time be re‑appointed;

(b) at any time be removed from office by the Minister; or

(c) at any time resign from their office in writing addressed to the Minister.

(4)  Three members of the Review Committee constitute a quorum at any meeting of the Committee.

(5)  The Chairperson presides at every meeting of the Review Committee at which he or she is present and in his or her absence the members present must elect one of their number to preside at the meeting.

(6)  Every question before the Review Committee is to be determined by a majority of the votes of the members present and voting thereon, and in the event of an equality of votes the Chairperson or the member presiding at the meeting has a casting vote in addition to his or her original vote.

(7)  Subject to the provisions of this Act, the Review Committee may determine its own procedure.

(8)  Any order of the Review Committee may be signed by the Chairperson or a member of the Committee.

Review, discharge and transfer of inmates

21.—(1)  The Review Committee of an approved centre must keep the case of every inmate under review and must, as often as practicable, consider whether he or she should be discharged.

(2)  Despite any order made under section 17, the Director or the Review Committee of an approved centre may at any time by order in writing —

(a) discharge any inmate; or

(b) transfer any inmate from one approved centre to another approved centre.

(3)  The officer-in-charge of an approved centre may enter into an arrangement with the officer-in-charge of another approved centre for the transfer of any inmate to that other approved centre and may, subject to any direction given by the Director or the Review Committee, carry out any transfer in accordance with that arrangement, except that the whole period of detention for which the inmate was admitted to such approved centre must not be increased by the transfer.

(4)  On proof to his or her satisfaction that the presence at any place of an inmate is required in the interests of justice, or for the purpose of any inquiry, or in the public interest or in the interest of the inmate, the officer-in-charge of the relevant approved centre may order that the inmate be taken to that place.

Power of Magistrate to inquire into complaints of misconduct or breach of duty

22.—(1)  Where a complaint is made on oath to a Magistrate that any person is improperly detained in an approved centre by reason of any misconduct or breach of duty on the part of any officer in the discharge of his or her functions pursuant to this Act, the Magistrate may —

(a) inquire into the complaint himself or herself; or

(b) direct a police officer to make an inquiry for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of the inquiry.

(2)  Every inquiry under subsection (1) is to be conducted in private, except that the procedure for conducting any inquiry is to be such as the Magistrate considers appropriate in the circumstances of the case.

(3)  A Magistrate or a police officer conducting any inquiry under subsection (1) has all the powers conferred on him or her by the Criminal Procedure Code 2010 in relation to the attendance and examination of witnesses, the taking of evidence and the production of documents.

(4)  If, after considering the result of any such inquiry, the Magistrate is satisfied that any person who is detained in an approved centre ought not to be so detained, the Magistrate may make an order for the discharge of that person from the approved centre and that person must be discharged accordingly.

(5)  Any order or decision of the Magistrate made under this section is final.

(6)  No evidence taken for the purpose of any such inquiry is admissible in any civil or criminal proceedings, except where the person who gave that evidence is charged with giving or fabricating false evidence.

Inmates deemed to be in legal custody

23.—(1)  Every inmate is deemed to be in the legal custody of the approved centre in which he or she is for the time being detained.

(2)  An inmate is deemed to be in legal custody —

(a) while he or she is confined in, or is being taken to or from, an approved centre;

(b) while he or she is for any other reason outside an approved centre in the custody or under the control of the officer-in-charge of the approved centre; or

(c) while he or she is being taken to any place to which he or she is required or authorised by or under this Act to be taken, or is kept in custody pursuant to any such requirement or authorisation.

Use of weapons

24.—(1)  Subject to this section, a prison officer may use any weapon against —

(a) any inmate of any approved centre escaping or attempting to escape;

(b) any person who does any act or attempts to do any act to facilitate the escape of an inmate of any approved centre; or

(c) any person engaged in any attempt to damage or force or break open —

(i) the outside door or gate or enclosure wall of any approved centre or any other part of an approved centre; or

(ii) any part of any vehicle in which an inmate is conveyed.

(2)  A prison officer may use any weapon against —

(a) any inmate of any approved centre engaged in any combined outbreak; and

(b) any person engaged in any attempt to damage or force or break open —

(i) the outside door or gate or enclosure wall of any approved centre or any other part of an approved centre; or

(ii) any part of any vehicle in which an inmate is conveyed,

and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.

(3)  Every prison officer may use weapons against an inmate of any approved centre using violence against any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to either of them.

(4)  A prison officer must not resort to the use of any weapon under subsection (1) unless the officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any inmate.

(5)  Before using any firearm against an inmate or other person referred to in subsection (1), the prison officer must give a warning to the inmate or that other person (as the case may be) that the prison officer is about to fire on him or her.

(6)  A prison officer must not, in the presence of his or her superior officer, use any firearm against an inmate or other person in the circumstances described in subsection (1) or (2) except under the orders of his or her superior officer.

(7)  The use of weapons under this section must be, as far as possible, to disable and not to kill.

(8)  Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any approved centre, for the purpose of ensuring the safe custody of any inmate, is deemed to have all the powers and privileges granted to a prison officer under this section.

Employment of auxiliary police officers as escorts and guards

25.—(1)  For the purpose of assisting him or her in the discharge of his or her duties under this Act, the Commissioner of Prisons may employ such number of auxiliary police officers as he or she considers fit as escorts or guards to ensure the safe custody of the inmates who are under his or her custody.

[1/2014]

(2)  An inmate who is delivered into the custody of an auxiliary police officer under this section is deemed to be in legal custody within the meaning of section 23.

(3)  Every auxiliary police officer who is employed as an escort or a guard under subsection (1) has, in the course of carrying out his or her duties as an escort or a guard, have the same powers as a prison officer under section 24.

(4)  Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.

(5)  In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law.

[3/2005]

Escape from legal custody of approved centre

26.—(1)  Any inmate who —

(a) while undergoing treatment and rehabilitation in an approved centre escapes from the legal custody of the approved centre;

(b) while the inmate is outside an approved centre escapes from the legal custody or control of an officer-in-charge of an approved centre; or

(c) while the inmate is otherwise in the legal custody of any other person escapes from the legal custody of that person,

shall be guilty of an offence.

(2)  Any person who —

(a) knowingly assists, directly or indirectly, any inmate of an approved centre to escape from the approved centre;

(b) induces any such inmate so to escape; or

(c) knowing that any inmate has escaped from an approved centre, harbours or conceals, or assists in harbouring or concealing that inmate or causes or induces that inmate not to return to the approved centre,

shall be guilty of an offence.