Section 295 — Causing bodily harm
English translation
Whoever causes injury to another person to the extent of causing harm to the body or mind of such other person commits the offence of causing bodily harm, and shall be liable to imprisonment not exceeding two years, or a fine not exceeding forty 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) an act of assault against another person, and (2) resulting harm to that person's body or mind. This is the base bodily-harm provision of the Title on Offences against the Body: where the injury is only slight it may fall under the petty offence in Section 391, while grievous injury raises the matter to Section 297. Aggravating circumstances drawn from Section 289 elevate a Section 295 assault to Section 296. Harm to the mind, not only the body, is enough, so recognised psychological injury can satisfy the section.
Why this matters in practice
Section 295 is not a compoundable offence, so a private settlement does not automatically end the prosecution, though it is commonly weighed as a mitigating factor at sentencing. Exposure is up to two years, and courts frequently impose short custodial terms, fines, or converted detention, especially for first offenders who plead useful evidence. Self-defence is the classic defence: where it is made out the act is not an offence at all, and the case may be dismissed. If injuries are serious, watch for an upgrade to Section 297, and if an aggravating circumstance under Section 289 is present, to Section 296.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4292/2567 (2024)
Where the evidence establishes a legal ground that renders the act not an offence, such as lawful self-defence, the Supreme Court may examine the whole record and dismiss a Section 295 bodily-harm charge.
The defendant was convicted at first instance under Section 295, but the Supreme Court found a legal ground rendering the act not an offence and, relying on the whole record, dismissed the charge under Criminal Procedure Code Section 185.
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Supreme Court Judgment No. 2107/2568 (2025)
A defendant convicted of causing bodily harm under Section 295 who gives evidence useful to the case may have the sentence reduced by one third as a mitigating circumstance under Section 78.
The defendant was convicted under Section 295 and sentenced to six months imprisonment, reduced by one third to four months for useful testimony; the conviction and sentence were upheld on appeal.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is assault under Section 295 a compoundable offence in Thailand?
No. Section 295 bodily harm is not a personal, compoundable offence, so a settlement with the victim does not automatically end the case, although it is usually treated as a mitigating factor.
Can self-defence defeat a Section 295 charge?
Yes. Where lawful self-defence is established, the act is not an offence and the court may dismiss the charge, as the Supreme Court has done on a full review of the evidence.
What is the difference between Sections 295, 296 and 297?
Section 295 is basic bodily harm, Section 296 is bodily harm committed with a Section 289 aggravating circumstance, and Section 297 applies where the victim suffers grievous bodily harm.