Section 303 — Causing abortion without consent
English translation
Whoever causes a woman to abort without her consent shall be liable to imprisonment not exceeding seven years, or a fine not exceeding one hundred forty 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 ten years and a fine not exceeding two hundred thousand baht.
If such act causes the death of the woman, the offender shall be liable to imprisonment not exceeding twenty years and a fine not exceeding four 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 absence of her consent. It is the aggravated counterpart to Section 302: the lack of consent makes the wrong more serious and raises the penalties across all three tiers, base, other grievous harm, and death. The distinguishing element is consent, so where the evidence shows the woman agreed, the case falls under Section 302, not Section 303. It has no medical exemption of its own, since Section 305 exempts only Sections 301 and 302, consistent with the fact that a lawful termination presupposes the woman's decision.
Why this matters in practice
Exposure is heavy, up to seven years at the base tier and up to twenty years where the woman dies, and there is no medical exemption because Section 305 does not extend to non-consensual abortion. The pivotal factual issue is consent: the Supreme Court has convicted under Section 302 rather than Section 303 where the evidence established that the woman agreed, so proving or disproving consent often decides which section, and which penalty range, applies. Given the severity, anyone accused should obtain specialist advice at the earliest stage.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6443/2545 (2002)
The dividing line between Section 302 and Section 303 is the woman's consent; where the evidence shows she consented, liability falls under Section 302 rather than the non-consent offence in Section 303.
The prosecution charged causing abortion without consent under Section 303, but the evidence showed the woman consented, so the defendants who helped and kept watch were convicted as supporters under Section 302 paragraph 1 instead.
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 is the difference between Sections 302 and 303?
The difference is consent. Section 302 covers abortion with the woman's consent, while Section 303 covers abortion without it, and carries heavier penalties at every tier.
Does the medical exemption in Section 305 apply to Section 303?
No. Section 305 exempts qualifying medical practitioners only for offences under Sections 301 and 302, so a non-consensual abortion under Section 303 has no such exemption.