Penal Code

Section 217 — Arson of another person's property

English translation

Whoever sets fire to property belonging to another 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.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Opening the chapter on offences causing public danger, this is the general arson provision. Its elements are: (1) intentionally setting fire, and (2) to property belonging to another person. It is the baseline against which Section 218 operates: where the burned property is one of the specially listed high-risk targets (dwellings, goods stores, public buildings, transport stations, larger vessels), the far heavier Section 218 applies instead. Ordinary structures and chattels of another that are not on that list, such as a farm shed holding straw for the owner's own use, fall under this section. Burning one's own property is treated separately under other provisions of the chapter.

Why this matters in practice

The key line is between this section and the aggravated arson of Section 218: the character and use of the burned property decides which applies, and the Supreme Court has narrowed Section 218 so that, for example, a shed storing straw for the owner's own cattle falls under this lighter section rather than the goods-store category. Exposure here reaches seven years plus a mandatory fine, and identity of the arsonist is often the decisive factual issue. Simply being present at or near a fire, without proof of setting it, is not enough for conviction.

Supreme Court decisions interpreting this section

  1. Supreme Court Judgment No. 8064/2556 (2013)

    A shed storing straw for the owner's own cattle is not a building for storing goods under Section 218(2); it is ordinary property of another falling under Section 217.

    The straw in the shed was kept to feed the victim's own cattle rather than as trade goods, so the shed did not fall within the aggravated goods-store category of Section 218(2). The Court treated it as ordinary property of another under Section 217.

  2. Supreme Court Judgment No. 5573/2554 (2011)

    Merely obstructing fire trucks during a protest does not by itself make a person a co-principal in arson under Section 217; peaceful assembly is constitutionally protected.

    The Court held that blocking fire trucks from reaching the burning bridge did not, without more, make those defendants co-principals in the arson under Section 83. They were exercising the protected freedom of peaceful assembly.

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 arson under Section 217?

Imprisonment of six months to seven years together with a fine of 10,000 to 140,000 baht.

How is Section 217 different from Section 218?

Section 217 covers burning ordinary property of another, while Section 218 applies the much heavier penalty when the target is a listed high-risk property such as a dwelling or a goods store.

Is being near a fire enough to convict?

No. There must be proof that the accused set the fire; mere presence at or near the scene is not enough.

Related guides on ThaiLawOnline

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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