Section 189 — Harboring an offender to avoid arrest
English translation
Whoever assists another person who is an offender, or a suspect accused of committing an offense which is not a petty offense, in order that such person may escape punishment, by providing lodging to that person, by concealing him, or by assisting that person in any manner so that he is not arrested, shall be liable to imprisonment not exceeding two years, or a fine not exceeding forty 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
The elements are: (1) another person who is an offender or an accused suspect in a case that is not a petty offense; (2) an act of harboring, concealing, or otherwise assisting that person; and (3) the specific intent that the person escape punishment or evade arrest. It sits in the Title on Offences against Judicial Officials because it protects the State's ability to apprehend and try offenders. The petty-offense carve-out limits liability to help given in more serious cases. Section 193 allows the court to waive punishment where the assistance was given to the offender's own parent, child, or spouse.
Why this matters in practice
Exposure is up to two years' imprisonment, so this is a genuine criminal risk for family members, friends, or employers who hide a suspect. Intent to help the person avoid arrest or punishment is essential: giving shelter without knowledge of the person's status, or helping in a merely petty-offense case, is not caught. A close-family relationship (parent, child, spouse) can lead the court to waive punishment under Section 193. Anyone approached about their conduct after helping a wanted person should take criminal law advice in Thailand before speaking to investigators.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 14480/2556 (2013)
Assisting a suspect to evade arrest under Section 189 is a separate offense, distinct in act and intent from other crimes the defendant commits, and is punishable as a separate count.
The court held that the defendant's act of helping another suspect avoid arrest was a different offense from his other charges, and therefore was treated as a separate count rather than a single act violating several provisions.
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Supreme Court Judgment No. 2535/2550 (2007)
Conduct that helps another person avoid criminal liability is characterized under Section 189, and is distinct from resisting or obstructing an official under Section 138.
The appellate court found the defendant's conduct was not obstruction of an official under Section 138 but rather fell within Section 189, helping another avoid punishment, illustrating the line between the two provisions.
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 it a crime to let a wanted friend stay at my house in Thailand?
Yes, if you know the friend is an offender or suspect in a non-petty case and you provide lodging to help them avoid arrest, that falls under Section 189, carrying up to two years' imprisonment.
Does Section 189 apply if I help a family member?
The offense still applies, but Section 193 allows the court to decide not to impose punishment when the assistance was given to your own parent, child, husband, or wife.