Section 99: Avoiding damage during a search
Statutory text (Thai original)
ในการค้นนั้น เจ้าพนักงานต้องพยายามมิให้มีการเสียหายและกระจัดกระจายเท่าที่จะทำได้
English translation
In making a search, the officer must endeavour, as far as practicable, to avoid causing damage and disorder.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 99 imposes a duty of restraint during any search under Chapter 2 (Search): officers must minimise damage and disorder as far as practicable. It complements Section 94, which permits force to enter only where necessary, by requiring proportionality once inside. The duty is qualified by what is practicable, so a search is not unlawful merely because some disturbance occurred, but needless destruction is not authorised.
Why this matters in practice
If a search caused avoidable damage to your property, this section is the basis for expecting officers to have acted with care. It does not by itself invalidate a search, but unnecessary destruction may support a complaint or a civil claim separate from the criminal case. Keep photographs and the search record as evidence of the condition of the premises. For advice on damage from a search, consider an online consultation with a Thai lawyer.
Cited in 1 Supreme Court decisions (2013 to 2013)
Selected citing decisions
- Decision 12454/2556 (2013)
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.
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
Are police allowed to damage property during a search?
Section 99 requires officers to endeavour, as far as practicable, to avoid causing damage and disorder, so needless destruction is not authorised even though some disturbance may be unavoidable.
Can I claim for damage caused by a search?
Unnecessary damage that breaches the duty of care in Section 99 may support a complaint against the officers or a separate civil claim, distinct from the outcome of the criminal case.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Criminal Procedure Code, s. 99 (Thailand) -
Academic citation
Criminal Procedure Code (Thailand), s. 99. ThaiLawOnline, https://www.thailawonline.com/thai-criminal-procedure-code/section-99/ (accessed 11 August 2026). -
Thai citation
ป.วิ.อ. มาตรา 99 -
Permalink
https://www.thailawonline.com/thai-criminal-procedure-code/section-99/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-criminal-procedure-code/section-99/"><p>In making a search, the officer must endeavour, as far as practicable, to avoid causing damage and disorder.</p><footer>Criminal Procedure Code, s. 99 (Thailand) — <a href="https://www.thailawonline.com/thai-criminal-procedure-code/section-99/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.