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Caning in Brunei

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Caning in Brunei

Caning, also referred to as whipping in traditional British legislative terminology, is used as a form of judicial corporal punishment in Brunei. This practice is heavily influenced by Brunei's history as a British protectorate from 1888 to 1984. Similar forms of corporal punishment are also used in two of Brunei's neighbouring countries, Singapore and Malaysia, which are themselves former British colonies.

The courts routinely sentence adult male criminals to caning for a wide range of offences similar to those punishable by caning in Malaysia. It is usually, or possibly always, ordered in addition to a prison sentence. In the case of juvenile male offenders, however, caning is sometimes ordered as a single punishment without the prison term. The procedure is generally similar to that in Singapore and Malaysia.

Sections 257–260 of Brunei's Criminal Procedure Code lay down the procedures governing caning, which is referred to as "whipping" in the Code in accordance with traditional British legislative terminology. The procedures include the following:

Under Bruneian criminal law, offences punishable by caning include causing hurt, assault, theft, robbery, extortion, and trespassing. It is a mandatory punishment for certain offences such as rape, kidnapping, and overstaying one's visa. Approximately 100 caning sentences are passed down every year in Brunei. In 2007, 68 foreign workers were sentenced to caning for immigration offences.

The modus operandi of judicial caning in Brunei appears to resemble that in Singapore more than that in Malaysia. It is not inflicted in instalments. During the punishment, the offender is tied to a wooden frame in a bent-over position with his feet together, and receives strokes from the rattan cane on the bare buttocks. The effects of caning, which include severe physical damage and permanent scarring, are generally the same across all the three countries.

News reports from Brunei show that the Prisons Department, from time to time, brings students on prison tours or hold talks in their schools to educate them on crime. During such visits, prison officials conduct demonstrations of caning on dummies.

Judicial caning is also used as a form of legal punishment for criminal offences in two of Brunei's neighbouring countries, Malaysia and Singapore. There are some differences across the three countries.

In 2014, the Sultan of Brunei advocated the adoption of a sharia (syariah in Bahasa Melayu Brunei) penal code, which included whipping (caning) for certain offences. In February that year, an 18-member Bruneian delegation visited Saudi Arabia to learn about the implementation of the sharia penal code. The sharia penal code was enacted in 2014 and prescribes sharia-style whipping of up to 100 strokes for certain offences.

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