Section 177 — Perjury before a court
English translation
Whoever gives false testimony in a judicial proceeding before a court, if such false statement is a material point in the case, shall be liable to imprisonment not exceeding five years or a fine not exceeding one hundred thousand Baht, or both.
If the offence under the first paragraph is committed in a criminal proceeding, the offender shall be liable to imprisonment not exceeding seven years and a fine not exceeding one hundred and forty 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 177 is the core perjury offence. Its elements are giving testimony in a judicial proceeding before a court, the falsity of that testimony, and the requirement that the false statement be a material point in the case; the offender must know the statement is false. A statement that cannot be shown to be untrue, or testimony a witness never actually gave, falls outside the section. Paragraph two aggravates the penalty when the perjury occurs in a criminal proceeding, and Section 181 raises it further when the underlying case involves an accusation of a grave offence. Sections 182 and 183 provide relief where the witness retracts and tells the truth in time.
Why this matters in practice
Perjury exposure is real for any witness, and it is heavier in criminal trials, up to 7 years, so testimony should be accurate on the points that matter. The two decisive limits are materiality and provable falsity: a statement that is not a material point in the case, or that the accuser cannot actually prove to be false, will not sustain a conviction, and a person who never in fact testified cannot be a perjurer. A witness who realizes a false statement can retract and tell the truth in time under Sections 182 and 183 to avoid or reduce punishment. Understanding how testimony is used before you take the stand helps; 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. 1694/2567 (2024)
Where the statement testified to cannot be established as false, giving that testimony is not perjury under Section 177.
The defendant had testified in a civil case that the plaintiff borrowed one million Baht. Because it could not be established that this statement was false, the Court held the defendant's testimony was not perjury under Section 177.
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Supreme Court Judgment No. 4111/2566 (2023)
If a person never actually filed written testimony or testified before the court in the earlier case, there is no question of materiality and no basis for perjury under Section 177.
The Court held that because the defendants had never submitted written testimony or testified before the trial court in the referenced case, there was no issue whether their statements were material, and no basis to find perjury under Section 177.
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 must be proven for perjury under Section 177?
That the person testified in a court proceeding, the testimony was false, the false statement was a material point in the case, and the person knew it was false.
Is it perjury if the statement cannot be proven false?
No. Courts have held that where a statement cannot be shown to be untrue, testifying to it is not perjury under Section 177.
Is the penalty higher in a criminal case?
Yes. Perjury in a general proceeding carries up to 5 years, but in a criminal proceeding it rises to up to 7 years and a fine up to 140,000 Baht.