Section 310 bis: Forced labour by deprivation of liberty

Firm annotation

Section 310 bis is the forced-labour offence. It has two elements, and the second is what sets it apart: (1) detaining or confining another person, or by any means depriving another person of liberty of the body, and (2) making that person do any work for the offender or for another person. Without the second element the conduct is the ordinary deprivation of liberty in Section 310; here the confinement is exploited for labour, and the work may be for the offender or for someone else. The penalty is imprisonment not exceeding five years and a fine not exceeding 100,000 baht, and both are imposed, whereas Section 310 provides up to three years, or a fine of up to 60,000 baht, or both. Two further points matter in practice. Section 312 bis raises the punishment sharply where this offence is committed against a child not over fifteen, to three to ten years, and grades it again by result, reaching life imprisonment where grievous bodily harm follows and the death penalty where the person dies. And Section 321/1 does not extend to this section, while Section 321 makes only Section 309 paragraph one, Section 310 paragraph one and Section 311 paragraph one compoundable, so an offence under Section 310 bis cannot be settled between the parties. Conduct of this kind will frequently also engage the Anti-Trafficking in Persons Act B.E. 2551.