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.
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.