Section 146 — Unauthorized use of uniform, rank or insignia
English translation
Whoever, having no right to wear the uniform or display the insignia of an official, a member of a State legislative assembly, a member of a provincial assembly or a member of a municipal assembly, or having no right to use a rank, title, royal decoration or anything signifying a royal decoration, does so in order to make another person believe that he has such right, shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty 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
The elements are (1) wearing a uniform or displaying insignia, or using a rank, title or royal decoration, (2) without any right to do so, and (3) with intent to make another person believe the wearer holds that right. The distinguishing feature from Section 145 is that Section 146 targets the outward display of status, not the performance of an official act; the offence is complete on the display made with the required intent. Because intent is internal, it is inferred from conduct, such as displaying oneself publicly wearing decorations one is not entitled to.
Why this matters in practice
Penalty exposure is limited to one year, and this is a non-compoundable public offence; the limitation period is five years given the one-year maximum. In practice the section is often charged together with document forgery (Sections 264 to 265) when fake certificates or credentials back up the false status, and the forgery counts carry heavier penalties. The key evidentiary battleground is intent: prosecutors must show the display was meant to make others believe the status was genuine.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8688/2555 (2012)
Assuming a military rank one does not hold, in order to make one's conduct convincing to others, is using a rank without legal right and is an offence under Section 146.
The defendant assumed a false military rank to make his recruitment scheme convincing. The court found this constituted using a rank without legal right under Section 146, charged together with forgery of official documents.
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Supreme Court Judgment No. 8621/2553 (2010)
Displaying a large photograph of oneself wearing royal decorations in a reception room, a place not private, shows an intent to have others see it and believe one has the right to those decorations, satisfying Section 146; intent is inferred from the circumstances of display.
The defendant hung a large photograph of himself wearing royal decorations in his reception room. Because the room was not a private place, the court inferred he intended others to see it and believe he was entitled to the decorations, making out the offence under Section 146.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is wearing a fake military rank a crime in Thailand?
Yes. Under Section 146, using a rank you have no right to, in order to make others believe you hold it, is an offence punishable by up to one year.
What is the difference between Section 145 and Section 146?
Section 145 punishes performing an official act without authority; Section 146 punishes the mere display of a uniform, rank or decoration one is not entitled to, done to deceive.
Does the intent to deceive have to be proven?
Yes. The prosecution must show the display was made in order to make another person believe the offender had the right to the status.