Stealing electricity constitutes theft under Section 334 or aggravated theft under Section 335 คำพิพากษาฎีกาที่ 877/2501: ที่ประชุมใหญ่วินิจฉัยว่ากระแสไฟฟ้าเป็นทรัพย์ที่ลักได้ เป็นความผิดตามมาตรา 334 หรือมาตรา 335 แล้วแต่กรณี

SUPREME COURT DECISION No. 877/2501
Year: 1958 (B.E. 2501)
Relevant Code Sections: Criminal, Section(s) 334, 335

SUMMARY
The defendants were prosecuted for taking nine baht worth of current from the Bangkok Electricity Authority, charged at the time under the old Penal Code. The Court of Appeal acquitted the second defendant on the facts, and two appeals went up: the prosecution's, asking that he be convicted after all, and the first defendant's, which the trial court admitted on one question of law only, whether electricity is property within the meaning of the Penal Code and so capable of being stolen. The Supreme Court answered that question sitting in Grand Chamber, at meeting 8/2501, which is the resolution the case is cited for. On the prosecution's appeal it held the evidence still insufficient to make the second defendant a party to the taking, and affirmed.

FACTS OF THE CASE
Grand Chamber decision establishing that electricity is 'property' capable of being stolen. The defendant illegally siphoned electrical current.

COURT'S HOLDING
The Supreme Court held that stealing electricity constitutes theft under Section 334 or aggravated theft under Section 335. This landmark ruling expanded the definition of 'property' in Thai criminal law to include intangible forms of energy.

LEGAL ANALYSIS
Decided by the full court, which is why it settled the point rather than merely deciding the case. The question put was whether electricity is property capable of being stolen at all, and the answer extended theft beyond tangible things.

One wrinkle worth noticing: the charge was laid under the old Penal Law, and the Court stated the position by reference to Sections 334 and 335 of the Penal Code that replaced it, so the authority is on the modern sections even though the prosecution was not.

PRACTICAL IMPLICATIONS
Electricity is property that can be stolen, so drawing current without paying for it is theft under Section 334, or aggravated theft under Section 335 where an aggravating element is present. It is not merely an unpaid bill. The current taken here was worth nine baht and the conviction still stood, so a small value is no answer. Tapping a neighbour's or a landlord's supply is a criminal offence whatever private arrangement the parties think they have.

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Note: This is an English-language summary of the Thai original judgment.
For the authoritative Thai text, please refer to the Thai version above
or visit deka.supremecourt.or.th.