Section 265 — Forgery of a right or official document
English translation
Whoever forges a right document or an official document shall be liable to imprisonment from six months to five years and a fine from ten thousand baht to 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 265 is an aggravated form of the base forgery offence in Section 264, distinguished by the type of document forged. It applies where the forged document is a right document (evidence of the creation, change, transfer, reservation, or extinction of a right, per the definitions in Section 1) or an official document. Because the aggravating element is the document class, a complaint that alleges only Section 264 cannot support a conviction under Section 265. Where the document is both a right document and an official document, or a will or bill of exchange, the still heavier Section 266 applies. Use of a document forged under this section is punishable under Section 268.
Why this matters in practice
The practical significance of Section 265 is the mandatory prison range with a floor of six months and a compulsory fine, which is materially harsher than Section 264 and narrows the room for a fine-only sentence. Whether the charge is Section 264 or Section 265 turns on the legal character of the document (for example a title deed, contract, or government-issued form), so classification is a central battleground. A defendant should scrutinise whether the indictment actually pleads the aggravated document type, because the court cannot upgrade a Section 264 charge on its own motion. Restitution and a guilty plea remain the main levers toward a suspended sentence. See our overview of fraud and scam laws in Thailand.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 7212/2567 (2024)
Forgery of a right document under Section 265 is a distinct, heavier offence from ordinary forgery under Section 264; where the prosecution pleads and seeks punishment only under Section 264 and 268, the conduct is treated as ordinary forgery carrying up to three years or a fine.
The court noted the plaintiff had not alleged forgery of a right document or sought punishment under Sections 265 and 268, but only under Sections 264 and 268 for ordinary forgery and use, each carrying up to three years or a fine up to 60,000 baht, which fell within the district court's jurisdiction.
-
Supreme Court Judgment No. 1496/2567 (2024)
Where the defendant deceives a victim on separate occasions and matters, each act is a completed offence in itself, so forgery of a right document under Section 265 combined with use and fraud constitutes several distinct offences.
The defendant pleaded guilty and was convicted under Section 265 together with Sections 264, 268, and 341 and ordered to repay 329,000 baht. Because each deception induced a separate transfer on a different occasion, the acts were held to be several distinct offences.
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 difference between Section 264 and Section 265 forgery?
Section 264 covers ordinary document forgery. Section 265 applies when the forged document is a right document or an official document, and carries a heavier penalty of six months to five years imprisonment plus a fine.
What counts as a right document?
A right document is one that evidences the creation, change, transfer, reservation, or extinction of a right, such as a contract, title deed, or promissory note. Forging such a document falls under Section 265.