Section 180 — Presenting false evidence in court
English translation
Whoever adduces or presents false evidence in a judicial proceeding, if it is evidence on a material point in that case, shall be liable to imprisonment not exceeding three years or a fine not exceeding sixty 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 180 is the courtroom counterpart to the evidence-fabrication offence of Section 179: it punishes presenting or adducing false evidence in an actual judicial proceeding, where the evidence is material to the case. Its elements are the presentation of evidence in court, its falsity, materiality to the case, and the presenter's knowledge. It sits alongside perjury under Section 177, but reaches false documents and other evidence rather than false oral testimony. Paragraph two aggravates the penalty for a criminal proceeding, and Section 181 raises it further when the case concerns an accusation of a grave offence. Section 183 offers relief where the offender retracts and states the truth before judgment.
Why this matters in practice
Litigants and their advisers should treat this section as a hard limit on how far a case may be pushed, because presenting false evidence on a material point is itself a crime, up to 7 years in a criminal proceeding. Two limits are decisive: the evidence must be material to the case, and the presenter must know it is false. Courts have held that a lawyer who acts within the client's mandate does not commit the offence, and that grievances about how a case was run are civil matters. A party who realizes evidence was false can retract and state the truth before judgment under Section 183. If you are accused of presenting false evidence, take advice early; you can consult a Thai criminal lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 725/2567 (2024)
A lawyer who acts within the mandate given in the power of attorney does not commit the offence of presenting false evidence under Section 180; any grievance that the lawyer exceeded the client's wishes is a civil matter.
The Court held that the second defendant, a lawyer, acted as authorized in the power of attorney; if his conduct went against the client's wishes and caused loss, that was a separate civil matter. The case therefore had no merit against him for presenting false evidence in a criminal proceeding under Section 180 paragraph two.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How is Section 180 different from perjury?
Perjury under Section 177 covers false oral testimony; Section 180 covers presenting false evidence such as fabricated documents, when it is material to the case.
Is a lawyer liable for presenting evidence the client provided?
Courts have held that a lawyer acting within the client's mandate does not commit the offence, and complaints about how a case was run are civil matters.
Is the penalty higher in a criminal case?
Yes. In a general proceeding it is up to 3 years, but presenting false evidence in a criminal proceeding carries up to 7 years and a fine up to 140,000 Baht.