Criminal Procedure Code

Section 91: Section 81/1 applied to searches

Statutory text (Thai original)

ให้นำบทบัญญัติในมาตรา ๘๑/๑
มาบังคับในเรื่องค้นโดยอนุโลม

English translation

The provisions of section 81/1 shall apply, mutatis mutandis, to searches.

This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.

Firm annotation

Section 91 opens Chapter 2 (Search) with a cross-reference provision: it applies section 81/1 to searches mutatis mutandis rather than repeating its text. The drafting technique imports the safeguards of section 81/1 into the search context, so that the two provisions must be read together. Note that Supreme Court decisions bearing the citation section 91 frequently concern Penal Code section 91 (cumulative punishment for multiple offenses), a different provision, so care is needed not to confuse the two when researching case law under this section.

Why this matters in practice

In practice the significance of this section lies in Section 81/1, whose safeguards it imports into any search. If your person or belongings are searched, the lawfulness of that search is judged by the standards carried over through Section 91. When researching case law, do not rely on decisions citing Penal Code section 91, which addresses cumulative punishment, not searches. To assess whether a search of you was lawful, get a online consultation with a Thai lawyer.

Cited in 7 Supreme Court decisions (1987 to 2016)

Selected citing decisions

  • Decision 7223/2559 (2016)
  • Decision 753/2542 (1999)
  • Decision 15505/2553 (2010)
  • Decision 1817/2546 (2003)
  • Decision 680/2530 (1987)
  • Decision 2492/2540 (1997)
  • Decision 5599/2541 (1998)

This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.

Most often cited alongside

Sections that appear in the same judgments as this one most often. The figure is the number of decisions.

Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured

Frequently asked questions

What does Section 91 of the Criminal Procedure Code do?

Section 91 opens the chapter on searches by providing that Section 81/1 applies to searches mutatis mutandis, so the two provisions are read together rather than Section 91 setting out its own separate rule.

Is Criminal Procedure Code Section 91 the same as Penal Code Section 91?

No. CrPC Section 91 concerns searches (by applying Section 81/1), while Penal Code Section 91 concerns cumulative punishment for multiple offenses; many case citations to section 91 refer to the Penal Code provision.

Related guides on ThaiLawOnline

Cite this section

  • Plain citation Criminal Procedure Code, s. 91 (Thailand)
  • Academic citation Criminal Procedure Code (Thailand), s. 91. ThaiLawOnline, https://www.thailawonline.com/thai-criminal-procedure-code/section-91/ (accessed 11 August 2026).
  • Thai citation ป.วิ.อ. มาตรา 91
  • Permalink https://www.thailawonline.com/thai-criminal-procedure-code/section-91/
  • Embed on your site <blockquote cite="https://www.thailawonline.com/thai-criminal-procedure-code/section-91/"><p>The provisions of section 81/1 shall apply, mutatis mutandis, to searches.</p><footer>Criminal Procedure Code, s. 91 (Thailand) — <a href="https://www.thailawonline.com/thai-criminal-procedure-code/section-91/">ThaiLawOnline</a></footer></blockquote>

The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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