Section 153 — Exhumation of Buried Body for Inquest
Statutory text (Thai original)
ถ้าศพฝังไว้แล้ว ให้ผู้ชันสูตรพลิกศพจัดให้ขุดศพขึ้นเพื่อตรวจดู เว้นแต่จะเห็นว่าไม่จำเป็นหรือจะเป็นอันตรายแก่อนามัยของประชาชน
English translation
If the corpse has already been buried, the person conducting the inquest shall arrange for the corpse to be exhumed for examination, unless it is considered unnecessary or would be dangerous to public health.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision sits within Chapter 2 on inquests (post-mortem examination) in the investigation part of the Code. It empowers, and in principle obliges, the inquest officer to exhume a buried body so that a proper examination of the cause and manner of death can still be carried out. The two carve-outs, lack of necessity and danger to public health, give the officer discretion where exhumation would add nothing or create a sanitation risk. It works together with the surrounding inquest sections, which set out who conducts the inquest and the written opinion that must result under Section 154.
Why this matters in practice
For families and lawyers, this is the legal basis for reopening a death investigation after burial, for example where a death first treated as natural is later suspected to be a homicide. Exhumation is an official inquest step, not something relatives arrange privately, so a request usually runs through the investigating officer or public prosecutor, and disputes over the cause of death often end up before the courts. If you are dealing with a suspicious death and considering next steps, a consultation with a Thai lawyer can clarify how to press for a proper inquest.
Frequently asked questions
Can a buried body be exhumed in Thailand for a criminal investigation?
Yes. Under Section 153, the inquest officer must arrange for a buried body to be dug up and examined, unless exhumation is unnecessary or would endanger public health.
Who decides whether to exhume a body for an inquest?
The decision rests with the official conducting the inquest, not with the family. That officer may decline exhumation only where it is unnecessary or a public-health danger.