Section 181 — Aggravated penalties for false justice offences
English translation
If the commission of the offence under Section 174, Section 175, Section 177, Section 178, or Section 180:
(1) is committed in a case involving an accusation that a person has committed an offence punishable with imprisonment of three years or more, the offender shall be liable to imprisonment from six months to seven years and a fine from ten thousand Baht to one hundred and forty thousand Baht;
(2) is committed in a case involving an accusation that a person has committed an offence punishable with death or life imprisonment, the offender shall be liable to imprisonment from one year to fifteen years and a fine from twenty thousand Baht to three 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 181 is a penalty-enhancement provision that does not create a new offence but graduates the punishment for the false-justice offences in Sections 174, 175, 177, 178, and 180 by reference to the gravity of the accusation involved. Paragraph (1) applies where the underlying accusation carries imprisonment of three years or more, and paragraph (2) applies where it carries death or life imprisonment, each with a much higher penalty range and, notably, a minimum term. In practice courts identify the base offence first, then apply Section 181 to fix the enhanced range; where a single act violates several provisions, the court sentences under the applicable Section 181 tier. The provision reflects that fabricating a case around a grave accusation is treated as far more dangerous than around a minor one.
Why this matters in practice
This section is where perjury or a false charge can turn from a few years' exposure into a serious sentence with a mandatory minimum, so the gravity of the underlying accusation drives the real risk. A false accusation or false testimony wrapped around a charge that carries death or life imprisonment falls into paragraph (2), one to fifteen years, and even a three-year-plus underlying offence triggers a six-month floor under paragraph (1). Courts have applied Section 181(2) to perjury in a case where the accused faced the death penalty, and Section 181(1) where a single act of false reporting and perjury concerned an offence punishable by three years or more. Because the enhancement hinges on the underlying charge, mapping that out early is essential; you can consult a Thai criminal lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1691/2561 (2018)
Perjury committed in a criminal case where the accused faces death or life imprisonment is aggravated under Section 177 paragraph two read with Section 181(2), producing a substantially higher sentence.
The defendant gave false statements and testimony connected to a shooting that caused a death. The trial court convicted under Section 177 paragraph two read with Section 181(2) and imposed eight years' imprisonment, affirmed on appeal, illustrating the enhanced range where the underlying case carries death or life imprisonment.
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Supreme Court Judgment No. 3014/2560 (2017)
Where a single act of false reporting and related false-justice offences concerns an accusation punishable by three years or more, the court sentences under Section 181(1) read with the aggravated form of the base offence.
The Court of Appeal convicted the defendant under Sections 137, 172, 173, and 174 paragraph two together with Section 181(1), treating the conduct as a single act violating several provisions and sentencing under Section 181(1) read with Section 174 paragraph two as the governing provision.
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Supreme Court Judgment No. 1575/2563 (2020)
The enhanced tier in Section 181(2) applies only where the false report concerns an offence punishable by death or life imprisonment; conduct amounting only to a false statement under Section 172 does not reach it.
The Court held the conduct amounted only to a false statement to an inquiry official under Section 172 and did not constitute framing someone for an offence punishable by death or life imprisonment under Section 174 paragraph two with Section 181(2), confirming the top tier is reserved for the gravest accusations.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does Section 181 create a separate offence?
No. It is an enhancement that raises the penalty for the offences in Sections 174, 175, 177, 178, and 180 based on how serious the underlying accusation is.
When does the highest range apply?
Paragraph (2) applies where the underlying accusation concerns an offence punishable by death or life imprisonment, raising the penalty to 1 to 15 years and a fine of 20,000 to 300,000 Baht.
Does perjury in a serious criminal case fall under Section 181?
Yes. Courts have applied Section 181(2) to perjury in a case where the accused faced the death penalty, producing a much higher sentence.