Section 161 — Official forgery of documents
English translation
Whoever, being an official having the duty to make documents, fill in statements in documents or keep custody of documents, forges a document by taking advantage of the opportunity afforded by their duty, shall be liable to imprisonment not exceeding ten years and a fine not exceeding two hundred thousand baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 161 is the aggravated, official-specific form of document forgery within the Malfeasance in Office title. Its elements are: (1) the actor is an official; (2) with a duty to make documents, fill in statements or keep custody of documents; and (3) they forge a document by taking advantage of that very duty. The higher penalty ceiling, up to ten years, reflects the abuse of public trust compared with ordinary forgery under Sections 264 to 266. In practice it is regularly charged together with Section 162 (false certification in official documents) and Section 157 (dishonest or wrongful performance of duty), and where those are charged as a single act the court applies the provision carrying the heaviest penalty under Section 90.
Why this matters in practice
With a ceiling of ten years and a mandatory fine, this is among the heavier malfeasance offences and is a public-office crime that cannot be settled or withdrawn by a private complainant. A key threshold question is whether the accused genuinely held the document-making or custody duty and whether the alteration amounts to "forgery" rather than a lawful correction. Because these cases usually come from the anti-corruption process and are often charged with Sections 157 and 162, the practical stakes turn on how the counts are grouped and which carries the heaviest penalty. Anyone under investigation should obtain legal advice as soon as the inquiry begins.
Frequently asked questions
How is Section 161 different from ordinary forgery?
Section 161 applies only to an official who forges a document by exploiting a duty to make or keep documents. It carries a heavier penalty, up to ten years, than ordinary forgery under Sections 264 to 266.
Is a Section 161 offence settleable with the victim?
No. It is a malfeasance offence against the State and public interest, so it cannot be compounded or withdrawn by a private complainant.