Section 188 — Destroying a will or another's document
English translation
Whoever damages, destroys, conceals, takes away, or renders lost or useless a will or any document of another person, in a manner likely to cause injury to another person or to the public, 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 188 protects wills and other documents of another person against destruction, concealment, or removal. Its elements are an act of damaging, destroying, concealing, taking away, or rendering lost or useless a will or any document of another, and the requirement that the act be done in a manner likely to cause injury to another person or the public. That likelihood-of-injury element narrows the offence: a mere failure to hand over a document, or a refusal to deliver property, without conduct that suppresses or destroys the document itself, is treated as a civil matter rather than this crime. It sits within the offences protecting the administration of justice and documentary integrity, and is frequently charged together with forgery offences where a genuine document is suppressed and a false one substituted.
Why this matters in practice
This section is often raised in inheritance and property disputes where a will or key document goes missing, but the courts draw a firm line: merely refusing to return a document, or declining to transfer property to a beneficiary, is a civil grievance, not a Section 188 offence, unless the document itself is suppressed or destroyed in a way likely to cause injury. That likelihood-of-injury element and the act of suppression are what turn a private dispute into a crime carrying up to 5 years. Where a genuine document is hidden and a forged one used, forgery charges may stack on top. If a will or important document has disappeared in a dispute, take advice on whether the facts support a Section 188 case or a civil claim; you can consult a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 842/2568 (2025)
Merely refusing to hand over land to a will beneficiary, causing difficulty in administering the estate, is a civil matter to be pursued by legal action, not an offence under Section 188.
The Court held that the defendant's refusal to deliver land to the beneficiary, whatever the reason and even though it obstructed administration of the estate, was a matter for a civil claim and did not constitute the offence of destroying or concealing a document under Section 188.
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Supreme Court Judgment No. 2148/2567 (2024)
Refusing to return an original document, such as a house registration book, is a civil violation of the owner's rights and is not treated as concealing or taking away another person's document under Section 188.
The defendant refused to return the original house registration document to the injured party. The Court of Appeal reversed the conviction, and the analysis treated the refusal as a civil matter rather than concealing or taking away another's document under Section 188.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is refusing to hand over a document an offence under Section 188?
Courts have held that merely refusing to return a document or property is a civil matter, not Section 188, unless the document itself is concealed or destroyed in a way likely to cause injury.
Does Section 188 apply to hiding a will?
Yes, where a will is destroyed, concealed, or taken away in a manner likely to cause injury to another person or the public. Simply not delivering it, without suppression, may be only a civil claim.