Section 169 — Disobeying order to deliver or testify
English translation
Whoever disobeys a lawful order of a public prosecutor, a case prosecutor or an inquiry official requiring them to deliver or arrange the delivery of any property or document, to take an oath, to make an affirmation, or to give a statement shall be liable to imprisonment not exceeding three months, or a fine not exceeding five 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 169 is a companion to Section 168 and covers a wider range of lawful orders by prosecutors and inquiry officials: delivering property or documents, taking an oath or affirmation, or giving a statement. Its elements are: (1) a lawful order of a public prosecutor, case prosecutor or inquiry official; (2) requiring delivery of property or a document, an oath or affirmation, or a statement; and (3) disobedience of that order. As with Section 168, the order must be a genuine lawful order. The Supreme Court has treated an inquiry official's direction to a person to give a statement as a witness, even given informally without a written summons, as a lawful order, so that a witness who refuses and walks away can be liable under this section. The suspect protections that limit Section 168 continue to apply.
Why this matters in practice
The exposure is minor, up to three months, but the section gives real teeth to demands for documents, property or witness statements during an investigation. The Supreme Court has confirmed that even an informal instruction to give a statement as a witness counts as a lawful order, so simply refusing and leaving can amount to the offence. The safer course for a genuine witness is to attend and, where appropriate, decline to answer specific questions on legitimate grounds rather than defy the order outright. Because the line between witness and suspect changes your rights and exposure, take legal advice if you are ordered to hand over documents or give evidence.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1954/2515 (1972)
Where an inquiry official invites a person to the police station to give a statement as a witness, even without a written summons, and tells them they will be examined as a witness, that direction is a lawful order to give a statement; a person who disobeys it by refusing and leaving commits an offence under Section 169.
Decided in general assembly, the Court held that an inquiry official's instruction to a person, who had voluntarily come to the station, to give a statement as a witness amounted to a lawful order to give a statement. When the person refused to testify and walked out of the station, he was guilty under Section 169. The case contrasts with the suspect protections that keep Section 168 from reaching a suspect.
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 an informal instruction to give a statement a lawful order?
It can be. The Supreme Court has treated an inquiry official's direction to give a statement as a witness, even without a written summons, as a lawful order, so refusing and leaving can be an offence under Section 169.
What does Section 169 cover that Section 168 does not?
Section 169 adds orders to deliver property or documents and to take an oath or affirmation, in addition to giving a statement, while Section 168 concerns only an order to appear and give a statement.