Section 165 — Officer obstructing enforcement of law
English translation
Whoever, being an official having the duty to carry out the enforcement of a law, or of an order issued to enforce a law, prevents or obstructs the enforcement of that law or order, shall be liable to 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
Section 165 is one of the lighter malfeasance offences, with a one-year ceiling, and addresses the officer who sabotages rather than merely neglects the enforcement he is charged with. Its elements are: (1) the actor is an official with a duty to enforce a law or an enforcement order; and (2) they prevent or obstruct that enforcement. It differs from simple dereliction because it requires positive prevention or obstruction of enforcement, and it is narrower than Section 157, which covers the broader field of dishonest or wrongful performance of duty. Where the same conduct is dishonest, Section 165 is commonly charged together with Section 157, and where they form a single act the heavier provision governs the sentence.
Why this matters in practice
The one-year maximum makes this a relatively low-exposure charge on its own, but it rarely travels alone: it is usually paired with Section 157, which carries a much heavier penalty and drives the real sentencing risk where the counts form a single act. As a public-office offence it is not settleable with a private party. The defence usually focuses on whether the accused actually had the enforcement duty and whether their conduct amounted to positive obstruction rather than a lawful exercise of discretion or a permissible delay. If you are an official accused of blocking enforcement, or a party affected by an officer refusing to act, consult a Thai lawyer on how the charges interact.
Frequently asked questions
How is Section 165 different from Section 157?
Section 165 specifically targets an officer who prevents or obstructs the enforcement he is duty-bound to carry out, and carries a lighter penalty. Section 157 covers the broader field of dishonest or wrongful performance of duty and is usually the heavier count.
What is the penalty under Section 165?
Imprisonment not exceeding one year, or a fine not exceeding 20,000 baht, or both.