Section 138 — Resisting or obstructing an official
English translation
Whoever resists or obstructs an official, or a person required by law to assist an official, in the performance of his duty shall be liable to imprisonment not exceeding one year, or a fine not exceeding twenty thousand baht, or both.
If such resistance or obstruction is committed by using force or by threatening to use force, the offender shall be liable to imprisonment not exceeding two years, or a fine not exceeding forty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 138 protects the performance of official duty against resistance and obstruction. Its elements are: an official (or a person the law requires to assist an official) who is performing a duty, and conduct by the offender that resists or obstructs that performance. Paragraph two is an aggravated form where the resistance or obstruction is carried out by using force or threatening force, doubling the maximum imprisonment. A precondition is that the official must be acting lawfully within his duty; if the official exceeds his authority the offence may not arise. Section 138 is the base against which Section 140 further aggravates the offence where weapons are carried, three or more persons act together, or a firearm or explosive is used.
Why this matters in practice
Resisting or obstructing an official is a very common charge arising from arrests, searches, checkpoints and enforcement actions, often added on top of the underlying offence. Passive obstruction under paragraph one carries up to one year, but the moment force or a threat of force enters, exposure doubles under paragraph two, and if a weapon is carried, three or more act together, or a firearm is used, Section 140 raises it further. A key line of defence is whether the official was in fact acting lawfully within his duty at the time. Sentences are frequently short and suspended for first offenders, as the reported cases show. For what to expect once charged, see what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2460/2563 (2020)
Two persons acting together to resist or obstruct an official are guilty under Section 138 paragraph one read with Section 83, and useful testimony can mitigate the penalty by one third.
The prosecution charged two defendants under Sections 83 and 138. The court convicted them under Section 138 paragraph one read with Section 83, sentencing each to three months' imprisonment and a 4,500 baht fine, reduced by one third for useful testimony to two months and 3,000 baht, with the prison term suspended for one year.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the penalty for resisting an official under Section 138?
Up to one year in prison or a 20,000 baht fine for basic obstruction; up to two years or a 40,000 baht fine if force or a threat of force is used.
Does the official have to be acting lawfully?
Yes. The official must be performing a lawful duty; if the official exceeds his authority the offence may not arise.
What makes the offence more serious?
Using force or threatening force raises it under paragraph two, and carrying a weapon, acting with three or more people, or using a firearm raises it further under Section 140.