Caning in Brunei refers to the judicial corporal punishment of offenders by striking the bare buttocks with a rattan cane. The practice is sanctioned under both the secular Penal Code and the Sharia Criminal Code of Brunei Darussalam, and it is administered in correctional facilities or designated courts.
Legal Framework
| Legal instrument | Relevant provisions | Applicability |
|---|---|---|
| Penal Code (Cap. 45) | Sections 352–360 prescribe caning as a mandatory or discretionary punishment for a range of criminal offences, including violent robbery, sexual assault, drug trafficking, and certain forms of theft. | Applies to all citizens and non‑citizens tried in the civil courts. |
| Sharia Criminal Code (effective 2019) | Articles 184–190 authorize caning for specific violations of Islamic law, such as adultery, false accusation of defamation, and certain moral offences. | Applies to Muslim residents in the Sharia courts. |
Procedure and Administration
- Instrument: A rattan cane, typically 1.25 m in length and 1.25 cm in diameter, is used. The cane is soaked in water to increase flexibility.
- Number of strokes: The maximum number allowed is 24 strokes, in line with the Penal Code; however, many sentences prescribe fewer strokes (e.g., 6, 12, or 18). The Sharia Code also caps the punishment at 24 strokes for applicable offences.
- Eligibility:
- Only male convicts are sentenced to caning. Women and men over the age of 50 are exempt.
- The offender must be physically fit; medical assessment is required before the punishment is administered.
- Location: Canings are carried out within the prison system at specific “caning rooms” equipped for the procedure. In Sharia cases, caning may also be performed in the same facilities under the supervision of a medical officer.
- Medical oversight: A licensed medical practitioner must be present to certify the prisoner’s fitness beforehand and to monitor the prisoner’s condition after the punishment.
Offences Commonly Punished by Caning
- Criminal Code: Armed robbery, rape, kidnapping, drug trafficking (above specified quantities), murder (as part of a combined sentence), and aggravated assault.
- Sharia Code: Adultery (zina), false accusation of adultery (qadhf), consumption of alcohol, and certain violations of public morality.
Statistics and Trends
Official government publications provide limited statistical data on the frequency of caning. The Ministry of Home Affairs reported that, between 2010 and 2020, approximately 3,500 individuals received caning sentences under the secular code, while the number under Sharia law remains undisclosed. International human‑rights bodies note that the practice continues despite global criticism.
Human‑rights Perspective
International organisations, including Amnesty International and Human Rights Watch, classify judicial caning as a form of cruel, inhuman, or degrading treatment. The United Nations Committee Against Torture has urged Brunei to repeal mandatory caning provisions. The Bruneian government maintains that caning functions as a deterrent and is consistent with the nation’s legal traditions.
Public Opinion
Public opinion data specific to Brunei are scarce. Commentaries in local media suggest a general acceptance of caning among segments of the population, particularly in relation to serious violent crimes, while also acknowledging concerns raised by civil‑society groups about its severity.
Recent Developments
In 2019, Brunei introduced the Sharia Criminal Code, expanding the scope of offenses that may carry caning. The law stipulates that the maximum number of strokes remains at 24, aligning with the existing secular framework. No legislative amendment to abolish or further limit caning has been enacted as of 2024.
References
- Penal Code (Cap. 45), Government of Brunei Darussalam.
- Sharia Criminal Code (effective 2019), Government of Brunei Darussalam.
- Ministry of Home Affairs, “Annual Report on Corrections,” 2010–2022.
- Amnesty International, “Brunei: End Judicial Corporal Punishment,” 2021.
- Human Rights Watch, “World Report 2023 – Brunei.”
