Section 175 — Bringing a false criminal charge
English translation
Whoever brings a false charge against another person before a court, alleging that the person has committed a criminal offence, or has committed a criminal offence more serious than is true, shall be liable to imprisonment not exceeding five years and a fine not exceeding one 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 175 targets the abuse of a private criminal prosecution: bringing a knowingly false charge before a court, or overstating the gravity of a real offence. The elements are a charge filed with a court, its falsity as to the commission or seriousness of a crime, and the accuser's knowledge of that falsity. It is the court-facing counterpart to the official-facing false report of Section 172, and it frequently appears alongside perjury under Section 177 when the false prosecution is backed by false testimony. Section 176 allows the court to reduce or waive the penalty where the accuser repents and withdraws or amends the charge before judgment, and Section 181 raises the penalty when the fabricated charge concerns a grave offence.
Why this matters in practice
A false-charge prosecution is a common counterattack in bitter disputes, so anyone filing a private criminal case should be sure the allegations are true and provable, and anyone hit with a false charge can turn to Section 175. Filing a false charge and testifying falsely to support it are treated as separate offences, so the exposure can stack. Because the defence often turns on whether the accuser knew the charge was false, and because withdrawing before judgment under Section 176 can cut the penalty, timing and evidence matter; consider what a court expects before you act, see what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3054/2566 (2023)
Bringing a false criminal charge before a court under Section 175 and giving false testimony under Section 177 are distinct offences and may be punished cumulatively under Section 91.
The trial court convicted the defendant of bringing a false criminal charge under Section 175, with two years' imprisonment, and separately of false testimony under Section 177 paragraph two, treating them as multiple distinct offences to be punished for each count under Section 91.
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Supreme Court Judgment No. 2950/2564 (2021)
A false criminal charge brought jointly can be prosecuted against each participant as a co-principal under Section 175 read with Section 83, and the court screens which defendants the case has merit against at the preliminary stage.
In a false-charge case against sixteen defendants, the trial court found the case had merit under Section 175 read with Section 83 against most of them as co-principals, illustrating that joint filing of a false charge can expose each participant to liability.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What counts as a false charge under Section 175?
Bringing a criminal charge before a court that accuses someone of an offence they did not commit, or of a more serious offence than the truth, while knowing the accusation is false.
Can I be punished for both filing a false charge and lying in court?
Yes. Courts have treated bringing a false charge under Section 175 and giving false testimony under Section 177 as separate offences that may be punished together.
Can I reduce the penalty by withdrawing the charge?
Section 176 lets the court impose a lesser penalty or none at all if the accuser submits to the court and withdraws or amends the false charge before judgment.