Section 170 — Disobeying a court summons or order
English translation
Whoever disobeys a summons or order of a court to appear to give a statement, to appear to testify, or to deliver any property or document in the trial of a case shall be liable to imprisonment not exceeding six months, or a fine not exceeding ten 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 170 protects the trial process by penalising defiance of a court's own summons or order. Its elements are: (1) a summons or order of a court; (2) requiring a person to appear to give a statement, to testify, or to deliver property or a document in the trial; and (3) disobedience of it. The offence is directed against the court as a judicial official, and the Supreme Court has repeatedly held that the protected interest belongs to the court directly, not to any private litigant. A private party who suffers only indirect inconvenience from the disobedience, such as delay or wasted service costs, is not the injured person under the Criminal Procedure Code and cannot bring a private prosecution under this section. It sits alongside Sections 168 and 169, which cover disobedience of prosecutors and inquiry officials rather than of the court.
Why this matters in practice
Exposure is up to six months, and in practice enforcement of the section is a matter for the court, not for the opposing party. The most consequential rule, confirmed by the Supreme Court, is standing: because the offence is committed against the court directly, a private litigant is not the injured person and cannot prosecute a witness or party who ignored a court summons or order to produce documents or money. Anyone actually facing this liability is usually a witness or third party who ignored a subpoena, and the safer course is to attend and raise any objection before the court rather than simply not comply. If you have received a court order to testify or produce documents, understand what to expect at court and, if in doubt, seek legal advice.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2768/2522 (1979)
Section 170 penalises a person who disobeys a court order to deliver documents in a trial; it is directed at conduct against the court as a judicial official specifically. A private plaintiff is not the person directly injured by such conduct and therefore has no standing to prosecute under this section.
The Court explained that Section 170 protects the court directly when a person disobeys an order to produce documents in a trial. Because the offence is against the court and not against the opposing litigant, the private plaintiff was not the directly injured person and lacked standing to prosecute.
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Supreme Court Judgment No. 2046/2533 (1990)
Where a person disobeys a court order to remit attached money to the court, any loss suffered by the opposing litigant is not a direct loss caused to a legal right of that litigant; the parties owe no duty to one another in this respect, so the litigant is not the injured person under the Criminal Procedure Code and cannot prosecute under Section 170.
A party disobeyed a court order to send attached money to the Civil Court. The Court held that the plaintiff's loss was not a direct violation of the plaintiff's own right, since the litigants had no reciprocal duty on the point, so the plaintiff was not the injured person and had no standing to prosecute under Section 170. The decision confirms that this offence protects the court, not the opposing party.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a private party prosecute someone who ignored a court summons?
No. The Supreme Court has held that the offence under Section 170 is committed against the court directly, so a private litigant is not the injured person and has no standing to bring the prosecution.
What is the penalty under Section 170?
Imprisonment not exceeding six months, or a fine not exceeding 10,000 baht, or both.