Section 306 — Abandonment of a dependent person
English translation
Whoever, having a duty under law or under a contract to take care of a person who cannot care for himself by reason of age, illness, bodily infirmity or mental infirmity, abandons that person who cannot care for himself in a manner likely to endanger life, 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: (1) a duty of care arising under law or under a contract, (2) a dependent person who cannot care for himself by reason of age, illness, bodily infirmity or mental infirmity, (3) abandonment of that person, and (4) that the abandonment is done in a manner likely to endanger life. This is a duty-based offence: liability attaches only to someone who owed the specific duty, such as a family member obliged by law or a carer engaged by contract, so a stranger with no such duty is outside the section. It opens the Title on Abandonment of Children, Sick Persons or Aged Persons, and the requirement that the abandonment be likely to endanger life is what distinguishes criminal abandonment from mere neglect.
Why this matters in practice
The threshold questions in practice are whether the accused actually owed a legal or contractual duty of care and whether the abandonment was likely to endanger life; without both, the section does not apply. Exposure is up to three years, and the offence is often raised alongside allegations of neglect of children or the elderly. A common defence is that no qualifying duty existed, or that arrangements were made so that life was not in fact endangered. For a broader picture of offences protecting vulnerable persons, see our guide to criminal law in Thailand.
Frequently asked questions
Who can be guilty of abandonment under Section 306?
Only a person who owed a duty of care under law or under a contract to look after the dependent, such as a family member required by law or a contracted carer; a stranger with no such duty is not covered.
Does the abandonment have to endanger life?
Yes. Section 306 requires that the abandonment be done in a manner likely to endanger the dependent's life, which distinguishes the offence from ordinary neglect.