Section 296 — Aggravated 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, under any of the aggravating circumstances provided in Section 289, shall be liable to imprisonment not exceeding three years, or a fine not exceeding sixty 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 those of Section 295, causing harm to the body or mind, plus any one of the aggravating circumstances defined in Section 289 for aggravated homicide, such as harm to an ascendant, an official acting in the exercise of duty, by premeditation, by cruelty, or to facilitate another offence. The presence of such a circumstance raises the maximum penalty from two to three years. It is the aggravated counterpart of the base assault in Section 295, and stands to Section 295 as Section 298 stands to the grievous-harm offence in Section 297.
Why this matters in practice
Because liability turns on a Section 289 circumstance, the practical fight is often over whether that circumstance existed, for example whether the victim was an official acting in duty or whether the act was premeditated. Exposure rises to three years, and, like Section 295, this is not a compoundable offence, so settlement does not automatically end the case. Anyone charged should get the aggravating element carefully analysed, since removing it can drop the case back to the lighter Section 295. For a case-specific assessment, book a consultation with a Thai criminal lawyer.
Frequently asked questions
What makes bodily harm aggravated under Section 296?
The harm must be committed with one of the aggravating circumstances listed in Section 289, such as against an ascendant or an official on duty, by premeditation, or by cruelty, which raises the maximum penalty to three years.
How is Section 296 different from Section 295?
Section 295 is basic bodily harm with a two-year maximum, while Section 296 is the same conduct plus a Section 289 aggravating circumstance, raising the maximum to three years.