Section 256: Restoring a cancelled government stamp for reuse

Firm annotation

Section 256 deals with a genuine stamp that has already been used. The elements are (1) erasing or removing from, or doing anything by any means to, (2) a government stamp of the kind described in Section 254, (3) which bears a mark, or has been dealt with in some way, showing that it can no longer be used, (4) in order that it may be used again. The last element is decisive. The stamp itself is authentic, so what the section punishes is the purpose of returning it to circulation; cleaning or restoring a cancelled stamp for a collection, with no intention that it be used again, is outside the section. Because the article is genuine, the penalty is lighter than for forging one under Section 254: up to three years, or a fine of up to 60,000 baht, or both, rather than one to seven years with a mandatory fine. Using or selling a stamp restored in this way is Section 257, making or possessing the tools for it is Section 261, and Section 262 halves the punishment where the stamp is a foreign government stamp. The same conduct done to a ticket is the third limb of Section 258. The current rates were set by Section 4 of the Penal Code Amendment Act (No. 26) B.E. 2560.