Section 171 — Disobeying a court order to testify
English translation
Whoever disobeys an order of a court to take an oath, to make an affirmation, to give a statement or to testify 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 171 completes the group of offences protecting the court's authority over witnesses. Its elements are: (1) an order of a court; (2) requiring a person to take an oath, make an affirmation, give a statement, or testify; and (3) disobedience of it. It differs from Section 170, which concerns disobeying a summons or order to appear or to produce property or documents, by targeting the refusal to actually swear or give evidence once before the court, for example a witness who appears but refuses to be sworn or to answer. Like Section 170, it is an offence against the court as a judicial official within the Title on Offences against Judicial Officials, so its protected interest is the integrity of the trial rather than any private party's claim.
Why this matters in practice
The exposure is up to six months, and the section is enforced by the court itself against a witness who refuses to be sworn or to give evidence after being ordered to do so. In practice, a witness with a genuine legal reason not to answer, such as a recognised privilege or a risk of self-incrimination, should raise that objection with the court rather than simply refuse, because an outright refusal to comply with a lawful order can amount to the offence. Because the group of offences from Sections 167 to 171 all protect the justice process, the safest approach for any witness is to attend, be sworn, and let the court rule on any objection. If you are summoned to testify and expect a conflict, consult a Thai lawyer in advance.
Frequently asked questions
How is Section 171 different from Section 170?
Section 170 concerns disobeying a court summons or order to appear or to deliver property or documents. Section 171 concerns refusing to take an oath, make an affirmation, give a statement or testify once before the court.
Can a witness refuse to answer without breaching Section 171?
A witness with a genuine legal ground, such as a recognised privilege or risk of self-incrimination, should raise the objection with the court. An outright refusal to comply with a lawful order to testify can amount to the offence.