Section 190 — Escape from lawful custody
English translation
Whoever escapes during confinement under the authority of a court, a public prosecutor, an inquiry official, or an official having power to investigate criminal cases, shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty thousand baht, or both.
If the offense referred to in the first paragraph is committed by breaking out of the place of confinement, by using violence or by threatening to use violence, or by joint commission of three persons or more, the offender shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both.
If the offense under this section is committed by having or using a firearm or an explosive, the offender shall be liable to a penalty heavier by one half than that provided in the two preceding paragraphs.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The core element is a lawful confinement under one of the listed authorities from which the offender flees. The second paragraph creates aggravated forms: breaking out of the place of confinement, use or threat of violence, or joint action by three or more. The third paragraph adds a further one-half increase where a firearm or explosive is had or used. It sits in the Title on Offences against Judicial Officials, protecting the integrity of lawful detention, and pairs with Section 191 (freeing another from custody) and Section 192 (harboring an escapee).
Why this matters in practice
Escaping detention is a separate crime that stacks on top of the original charge, adding up to three years (or five, or more with the aggravators). The confinement must have been lawful for liability to attach. Aggravating circumstances to watch for are breaking out, violence or threats, group escapes of three or more, and any firearm or explosive, which raises every tier by one half. Because escape is charged separately and served on top of existing time, anyone in custody should get criminal law advice in Thailand rather than act on impulse.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1522/2560 (2017)
Escaping from lawful confinement is a standalone offense under the first paragraph of Section 190 and can be prosecuted on its own terms.
The prosecution charged the defendant under Section 190 for escaping custody, and the trial court convicted under the first paragraph, confirming that the escape offense stands independently of the underlying matter.
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Supreme Court Judgment No. 5681/2568 (2025)
The aggravated firearm paragraph (Section 190 paragraph three) reflects a legislative policy of deterring firearm involvement; a firearm carried and ready for use in committing the offense triggers the aggravation even if not actually fired.
In discussing firearm aggravation across several provisions, the court noted Section 190 paragraph three as an example, explaining that carrying a firearm that is close at hand and ready to be used suffices, given the danger firearms pose.
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 is the penalty for escaping from custody in Thailand?
Under Section 190 the base penalty is imprisonment up to three years or a fine up to 60,000 baht. Escapes involving breaking out, violence, or three or more people carry up to five years, with a further one-half increase for firearms or explosives.
Does the escape charge replace the original charge?
No. Escape under Section 190 is a separate offense charged and punished in addition to the underlying case for which the person was detained.