Section 309 — Coercion by threat or force
English translation
Whoever compels another person to do or not to do any act, or to submit to anything, by making that person fear injury to the life, body, liberty, reputation, or property of the person compelled or of another, or by using violence, until the person compelled does or refrains from that act or submits to that thing, shall be punished with imprisonment not exceeding three years, or a fine not exceeding sixty thousand Baht, or both.
If the offence under the first paragraph is committed by carrying a weapon, or by five or more persons acting together, or is committed to compel the person to make, revoke, damage, or destroy a document of right, the offender shall be punished with imprisonment not exceeding five years, or a fine not exceeding one hundred thousand Baht, or both.
If committed by claiming the power of a secret society or a gang of robbers, the offender shall be punished with imprisonment from one year to seven years and a fine from twenty thousand Baht to one hundred and forty 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
Section 309 is the general coercion offence within the Title on offences against liberty. Its elements are: an act of compulsion (threat of harm to life, body, liberty, reputation, or property of the victim or a third person, or the use of violence) plus a result, namely that the victim actually does, refrains from, or submits as demanded. The threat may target the victim or someone else. The section is tiered: paragraph one is the base offence, paragraph two aggravates for a weapon, five or more offenders acting together, or coercion aimed at a document of right, and paragraph three applies where the offender invokes the authority of a secret society or robber gang. It is closely related to extortion under Section 337, but Section 309 does not require a demand for property or benefit, only compelled conduct or submission.
Why this matters in practice
Exposure runs from three years for basic coercion up to seven years for the secret-society or gang form. A practical point flagged by Section 321: only the first paragraph of Section 309 is a compoundable offence that can be settled to end the case, so aggravated coercion under paragraphs two and three cannot be discontinued by the victim withdrawing. In practice, coercion is frequently charged alongside heavier offences (rape, robbery, extortion) as part of the same course of conduct, and courts often treat overlapping charges as a single act punishable under the most severe provision. Common defences dispute whether the victim actually complied because of the threat, or whether words amounted to a genuine threat at all.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4391/2565 (2022)
Coercion under Section 309 can be committed by exploiting a position of authority and control over the victim, where the victim must obey the offender's commands out of fear and dependence.
The defendant held a position of authority over the victim, who was under his care and had to comply with his commands out of fear. The court treated the victim as a person placed under the defendant's power and found the defendant guilty of coercion under the first paragraph of Section 309, alongside sexual offence charges.
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Supreme Court Judgment No. 3861/2565 (2022)
Where armed coercion under Section 309 paragraph two is committed as part of the same act as an armed sexual offence, the conduct is a single act violating several provisions and is punished under the most severe.
The court found that the charge of coercing the victim and the charge of committing a sexual offence by force with a firearm arose from the same act. It held the conduct under Section 276 paragraph three and Section 309 paragraph two to be a single act constituting offences under several provisions of law.
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 coercion under Section 309?
Forcing another person to do, not do, or submit to something by threatening harm to life, body, liberty, reputation, or property, or by using violence, so that the person actually complies.
Can a Section 309 case be settled and withdrawn?
Only the first paragraph (basic coercion) is compoundable under Section 321. The aggravated forms in the second and third paragraphs cannot be discontinued by settlement.
How is Section 309 different from extortion?
Extortion under Section 337 requires a demand for property or benefit. Section 309 covers compelled conduct or submission generally, without any property demand.