Section 291 — Negligence causing death
English translation
Whoever commits an act of negligence, and that act causes the death of another person, shall be liable to imprisonment not exceeding ten years and a fine not exceeding two 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 291 is the negligent-homicide offence in the Title on Offences against Life, applying where there is no intent to harm at all but a careless act causes death. Its elements are an act done negligently (a failure to exercise the care a reasonable person would in the circumstances) and a causal link between that negligence and the death of another. It is distinct from Section 290, which requires an intentional act of injury, and from Sections 288 and 289, which require intent to kill. In practice it is the classic charge in fatal road accidents and workplace or medical mishaps, and it is regularly prosecuted together with the Road Traffic Act and alongside the negligent-serious-injury offence of Section 300.
Why this matters in practice
Although this is a homicide offence, exposure is far lower than for intentional killing, capped at ten years and a fine, and in fatal traffic cases a guilty plea combined with compensation to the victim's family commonly features in mitigation. The central factual issue is whether the accused actually fell below the required standard of care and whether that failure, rather than another cause, produced the death. Because these cases usually carry a linked civil claim for damages, resolving the compensation side is often as important as the criminal one; the firm's overview of criminal law in Thailand gives helpful background.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2981/2568 (2025)
Negligence causing death under Section 291 is commonly a road-traffic offence, charged together with the Road Traffic Act and with the related offences of negligent serious and minor injury.
The defendant pleaded guilty to charges under Sections 291, 300, and 390 with the Road Traffic Act; the Supreme Court addressed how civil compensation, including loss of maintenance, is calculated for the dependants of the deceased.
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Supreme Court Judgment No. 324/2568 (2025)
A guilty plea to negligent driving causing death under Section 291 supports the criminal conviction and brings the accompanying civil claim by the deceased's heirs before the court.
The defendant pleaded guilty to a negligent act causing death under Section 291 with Road Traffic Act charges; the Supreme Court confirmed its authority to decide the linked civil claim once the criminal case was before it.
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 under Section 291?
Imprisonment not exceeding ten years and a fine not exceeding two hundred thousand baht where a negligent act causes another person's death.
Does Section 291 apply to fatal traffic accidents?
Yes. Negligence causing death is the standard charge in fatal road accidents, usually prosecuted together with the Road Traffic Act.
How is Section 291 different from Section 290?
Section 291 requires only a negligent act with no intent to harm, while Section 290 requires an intentional act of injury that causes death.