Section 293 — Aiding suicide of a child or incapacitated person
English translation
Whoever aids or instigates a child not over sixteen years of age, or a person unable to understand the nature or importance of the act, or a person unable to control his own act, to commit suicide, if the suicide occurs or an attempt at suicide is made, shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The elements are: (1) aiding or instigating suicide, (2) of a protected victim, namely a child not over sixteen, a person who cannot understand the nature or importance of the act, or a person who cannot control his own act, and (3) an actual suicide or attempt as a result. Unlike Section 292, this offence does not require cruelty; the wrong lies in encouraging or facilitating self-destruction by a person the law treats as unable to make a free and informed decision. It sits in the Title on Offences against Life alongside Section 292, and applies whether the offender's role is active help or mere instigation.
Why this matters in practice
Because the victim is a protected class, consent by the child or incapacitated person is no defence, and exposure runs up to five years imprisonment. The prosecution must still prove the aid or instigation and a resulting suicide or attempt, so causation and the victim's capacity are the central battlegrounds. Anyone facing this charge should obtain early legal advice, as the facts often overlap with allegations of cruelty or neglect.
Frequently asked questions
How is Section 293 different from Section 292?
Section 292 requires grave mental cruelty that drives any person to suicide, while Section 293 covers aiding or instigating suicide by a protected victim, a child under sixteen or a person who cannot understand or control the act, without any need to prove cruelty.
Does the child's consent excuse the offender under Section 293?
No. Because the victim is a child under sixteen or a person lacking capacity, their consent does not remove liability where the suicide or an attempt occurs.