Section 185 — Tampering with court exhibits
English translation
Whoever damages, destroys, conceals, takes away, or renders lost or useless any property or document that has been submitted to a court, or that a court has ordered to be kept for the purposes of a judicial proceeding, shall be liable to imprisonment not exceeding five years or a fine not exceeding one hundred 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 185 protects the physical evidence and documents in the custody of the court during a proceeding. Its elements are an act of damaging, destroying, concealing, taking away, or rendering lost or useless, directed at property or a document that has either been submitted to the court or that the court has ordered to be kept for the case. The scope is defined by that custodial link: the item must be one in the court's possession or safekeeping for the adjudication. Courts have held that property attached provisionally to secure enforcement of a debt is not property submitted to or kept by the court in the proceeding, and so falls outside the section. It sits between Section 184 (evidence generally) and Sections 186 and 187, which address forfeited and seized or attached property.
Why this matters in practice
This section matters to litigants, custodians, and anyone with access to items filed as exhibits, because interfering with property or documents in the court's keeping is a crime carrying up to 5 years. The decisive question is the custodial link: the item must have been submitted to the court or ordered kept by the court for the case, so property held under a different regime, such as a provisional attachment to secure a debt, may not qualify. Charges under this section can also overlap with theft, criminal damage, or the seized-property offence of Section 187, so correct classification affects exposure. If you are accused of, or the victim of, tampering with court-held items, take advice on which provision actually applies; you can consult a Thai criminal lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7332/2540 (1997)
Property attached provisionally before judgment to prevent its disposal and secure enforcement of a debt is not property submitted to, or kept by, the court in the adjudication, and so is not protected by Section 185.
The Court held that property the police had asked the court to attach provisionally before judgment, to prevent transfer aimed at evading debt enforcement, was not property submitted to or kept by the court in the proceeding within the meaning of Section 185.
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 property does Section 185 protect?
Property or documents that have been submitted to a court, or that the court has ordered to be kept for the purposes of a judicial proceeding.
Does it cover property attached to secure a debt?
Courts have held that property attached provisionally to secure debt enforcement is not property submitted to or kept by the court in the proceeding, so it falls outside Section 185.