Section 157 — Malfeasance or dereliction of duty by an official
English translation
Whoever, being an official, wrongfully performs or omits to perform a duty so as to cause injury to any person, or dishonestly performs or omits to perform a duty, shall be punished with imprisonment from one to ten years or a fine from twenty thousand to two hundred 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 157 is the general malfeasance provision and the most widely invoked offence in the Chapter. It has two alternative limbs: (1) wrongfully performing or omitting a duty in order to cause injury to any person, or (2) dishonestly performing or omitting a duty. The first limb requires intent to injure; the second requires dishonesty, with the harm inherent in the dishonest exercise of office. Because it is drafted broadly, it functions as the residual offence when the more specific corruption offences, such as Sections 147 to 156, are charged but their narrower elements are not fully made out; courts frequently convict under Section 157 as the fallback. It is not a strict-liability provision: a mere administrative error or good-faith mistake, without wrongful intent or dishonesty, does not satisfy it.
Why this matters in practice
Exposure is one to ten years or a fine or both; it is a non-compoundable public offence, and the ten-year maximum sets the limitation period at fifteen years. This is the workhorse charge against officials, often pleaded alongside the specific corruption offences so that a conviction can still follow if the narrower count fails. The decisive issue is usually mental state: was the act a wrongful or dishonest exercise of duty, or an honest error of judgment? Officials facing a Section 157 complaint should get Thai criminal law advice early, since the same facts can support or defeat both the specific and the general count.
Frequently asked questions
Is every administrative mistake an offence under Section 157?
No. It requires wrongful intent to cause injury or dishonesty; a good-faith error of judgment without such intent does not satisfy the section.
Why is Section 157 charged with other corruption offences?
Because it is broadly drafted, it serves as the fallback conviction when the narrower elements of a specific offence such as Section 149 are not fully proven.
What is the penalty under Section 157?
Imprisonment of one to ten years, a fine of 20,000 to 200,000 baht, or both.