Section 302 — Causing abortion with consent
English translation
Whoever causes a woman to abort with her consent shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both.
If such act also causes any other grievous bodily harm to the woman, the offender shall be liable to imprisonment not exceeding seven years, or a fine not exceeding one hundred forty thousand baht, or both.
If such act causes the death of the woman, the offender shall be liable to imprisonment not exceeding ten years and a fine not exceeding 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: (1) causing a woman's abortion, and (2) the woman's consent to it. The section targets the person who performs or procures the abortion, not the woman herself, whose position is governed by Section 301. It has three tiers: a base offence, an aggravated form where the woman suffers other grievous bodily harm, and a further aggravated form where she dies, with penalties rising accordingly. Section 303 is the parallel offence where the woman does not consent, carrying heavier penalties, and Section 305 exempts a qualifying medical practitioner from liability under this section in the defined cases.
Why this matters in practice
The Supreme Court has held that causing a woman's abortion is an offence whether or not she consents, and that those who merely help or facilitate can be liable as supporters. Importantly, the offence is not a compoundable, personal offence, so investigators may act without a complaint from the injured party and the public prosecutor may bring the case, meaning a private settlement does not stop it. The central practical defence is the Section 305 medical exemption; where the abortion was performed by a qualifying practitioner within the statutory conditions there is no offence. Consult a Thai lawyer if you are involved in such a case.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6443/2545 (2002)
Causing a woman's abortion is an offence whether or not she consents; those who help or facilitate the act before or during it are liable as supporters under Section 302 paragraph 1 with Section 86, and the court may convict on that basis even though the prosecution did not expressly cite the section.
Two defendants drove the consenting woman to an unnamed woman to perform the abortion and kept watch during it; they were held liable as supporters under Section 302 paragraph 1 with Section 86, the court noting an abortion is an offence whether or not the woman consents.
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Supreme Court Judgment No. 6318/2541 (1998)
An offence under Section 302 is not a personal, compoundable offence, so investigators may proceed without a valid complaint and the public prosecutor may bring the case.
Although the complaint was filed by the child's mother, who was not the injured party, the investigation and prosecution were valid because a Section 302 offence is not a personal offence requiring a complaint.
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Supreme Court Judgment No. 874/2544 (2001)
Performing an abortion on a woman with her consent, contrary to law, is an offence under Section 302 paragraph 1.
Two defendants were convicted under Section 302 paragraph 1 with Section 83, together with offences under the Control of Medical Practice Act, for an abortion performed on a woman with her consent; they pleaded guilty.
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 performing an abortion with the woman's consent a crime in Thailand?
Yes, under Section 302, unless it is done by a qualifying medical practitioner within the conditions in Section 305. The base penalty is up to five years imprisonment, rising if the woman suffers grievous harm or dies.
Can a Section 302 abortion case be settled and dropped?
No. The Supreme Court has treated the offence as not a personal, compoundable offence, so investigators can proceed without a complaint and the public prosecutor can bring the case regardless of a private settlement.