Article 372: Quarrelling noisily or disturbing the peace in public

Firm annotation

Section 372 has two limbs: quarrelling noisily in a public way or a public place, and, by any other means, disturbing the peace and good order of a public way or a public place. The second limb is the broad one and is what is usually charged, since it needs neither a quarrel nor more than one participant. The place is an element in both limbs, so however loud the conduct, it is outside the section unless it occurs in, or disturbs, a public way or a public place. The penalty is a fine of up to 5,000 baht, with no imprisonment available. The chapter draws fine distinctions around this section. Section 370 punishes making a noise, causing a noise or creating a disturbance without reasonable cause so as to alarm or annoy the public, and carries only 1,000 baht. Section 378 covers the person who is drunk and behaving disorderly, or unable to control himself, on a public road or in a public place. Section 379 covers the natural escalation, drawing or brandishing a weapon in the course of a quarrel or a fight, and is the only one of the group carrying imprisonment. As a petty offence under Section 102, Section 104 removes any requirement of intention, Sections 105 and 106 exclude attempts and supporters from punishment, and prescription runs out after one year under Section 95(5). The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.