Article 383: Failing to help extinguish a fire when called by an official

Firm annotation

Section 383 has four elements: (1) a fire or another public disaster occurs, (2) an official calls upon the person to help suppress it, (3) that person is able to help, and (4) that person does not help. The official's call is the trigger for the whole section. There is no general duty to fight a fire in Thai criminal law; the duty arises only when an official summons a particular person, so a bystander who walks past a burning building unasked commits no offence under this provision. Ability to help is an element and not a defence, so infirmity, age, or the simple absence of any useful capacity answers the charge without more. The penalty is up to one month, or a fine of up to 10,000 baht, or both. Two neighbouring provisions cover the ground around it. Section 374 requires no official call at all, but is confined to a person in danger of losing his life and applies only where the rescuer would run no risk. Section 368 punishes failing without reasonable cause to comply with an official's lawful order generally, at up to ten days or 5,000 baht. As a petty offence under Section 102, Section 104 makes intention unnecessary, Sections 105 and 106 exclude attempts and supporters, and prescription is 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.