Section 298 — Aggravated grievous bodily harm
English translation
Whoever commits an offence under Section 297 under any of the aggravating circumstances provided in Section 289 shall be liable to imprisonment from two years to ten years and a fine from forty thousand baht to 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
The elements are those of Section 297 grievous bodily harm plus any one of the Section 289 aggravating circumstances, for example premeditation, cruelty, harm to an ascendant or an official on duty, or acting to facilitate another offence. The aggravating circumstance does not change the ten-year maximum but raises the minimum term from six months to two years, so it materially increases the floor of the sentence. It is the aggravated top tier of the bodily-harm ladder, standing to Section 297 as Section 296 stands to Section 295.
Why this matters in practice
Exposure carries a two-year minimum, so unlike the lighter assault tiers there is little room for a purely nominal sentence once conviction stands. The central defence lines are to contest the grievous nature of the injury, which can drop the case to Section 297 or 295, and to contest the Section 289 aggravating circumstance, which can drop it to Section 297. Both turn on close reading of the medical and factual record, and given the heavy exposure early specialist advice is important.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 218/2560 (2017)
Section 298 covers grievous bodily harm committed with a Section 289 aggravating circumstance such as premeditation; the aggravated grievous-harm conviction stands or falls on whether that circumstance is proven.
The first-instance court convicted the defendant under Sections 297(8) and 298 with Section 86 as a supporter and imposed four years imprisonment, but the appellate court set aside the premeditated grievous-harm conviction and the accompanying compensation claim.
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Supreme Court Judgment No. 7590/2560 (2017)
A defendant may be convicted of aggravated grievous bodily harm under Section 298 even where charges of attempted premeditated murder and joint theft are dismissed.
The appellate court convicted the defendant under Section 298 with Section 83, imposing six years reduced by half to three years, while dismissing the charges of attempted premeditated murder and joint theft.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How does Section 298 differ from Section 297?
Both concern grievous bodily harm, but Section 298 applies where a Section 289 aggravating circumstance is present, which raises the minimum sentence from six months to two years.
What is the penalty under Section 298?
Imprisonment from two years to ten years together with a fine from 40,000 to 200,000 baht.