Section 297 — Grievous bodily harm
English translation
Whoever commits the offence of causing bodily harm to the extent that the injured person receives grievous bodily harm shall be liable to imprisonment from six months to ten years and a fine from ten thousand baht to two hundred thousand baht.
Grievous bodily harm is:
(1) blindness, deafness, loss of the tongue, or loss of the sense of smell;
(2) loss of the reproductive organs or the reproductive capacity;
(3) loss of an arm, a leg, a hand, a foot, a finger, or any other organ;
(4) permanent facial disfigurement;
(5) abortion;
(6) permanent insanity;
(7) infirmity or chronic illness which may cause suffering for more than twenty days, or which renders the person unable to carry on ordinary duties for more than twenty days.
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 bodily harm plus a result that meets one of the seven statutory categories of grievous bodily harm in subsections (1) to (7). The definition is exhaustive, so an injury that does not fall within the list, however painful, is charged as ordinary bodily harm under Section 295 rather than as grievous harm. The penalty is markedly heavier than Section 295, carrying a mandatory fine alongside imprisonment. Where the grievous harm is committed with a Section 289 aggravating circumstance, liability moves up to Section 298.
Why this matters in practice
Whether an injury is grievous is the decisive practical question, and it often turns on medical evidence, for example whether the incapacity truly exceeded twenty days or whether disfigurement is permanent. Exposure jumps to a ten-year maximum with a mandatory fine, so downgrading the injury to ordinary harm under Section 295 is a central defence strategy. Where the same act breaches several provisions, the court punishes under the most severe one. Because the classification of the injury drives the sentence, a careful review of the medical record is essential.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 189/2567 (2024)
Joint assault causing grievous bodily harm falls under Section 297(8); where the same act violates several provisions, the court punishes under the most severe one pursuant to Section 90.
The appellate court convicted the defendant of joint grievous bodily harm under Section 297 with Section 376, treated it as a single act breaching several laws, and imposed the heaviest penalty under Section 90, later reduced by one third for mitigating circumstances.
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 counts as grievous bodily harm under Section 297?
Section 297 lists seven categories, including blindness, deafness, loss of an organ, permanent facial disfigurement, abortion, permanent insanity, and illness or incapacity lasting more than twenty days.
What is the penalty for grievous bodily harm in Thailand?
Under Section 297 the penalty is imprisonment from six months to ten years together with a fine from 10,000 to 200,000 baht.
If the injury is not on the list, is it still grievous harm?
No. The list in Section 297 is exhaustive, so an injury outside categories (1) to (7) is charged as ordinary bodily harm under Section 295, not as grievous harm.