Section 310 — Unlawful deprivation of liberty
English translation
Whoever detains or confines another person, or by any means deprives another person of liberty of the body, shall be punished with 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
Section 310 is the basic false-imprisonment offence in the Title on offences against liberty. Its elements are simply an act of detaining, confining, or otherwise depriving the victim of freedom of bodily movement, done intentionally and without lawful authority. No minimum period of confinement is fixed; even a short deprivation of liberty can satisfy the offence, provided intent is shown. It serves as the base provision for the aggravated forms in Section 311 (where the victim is left helpless, or suffers grievous harm or death) and is distinct from the ransom, trafficking, and abduction offences that follow, which add a specific unlawful purpose. Lawful detention, for example a valid arrest, falls outside the section.
Why this matters in practice
Basic deprivation of liberty carries up to three years' imprisonment, and it is one of the two offences that Section 321 makes compoundable, so the parties can settle and end the prosecution. That settlement leverage matters in family and business disputes where confinement is alleged. Watch the boundary with Section 311: if the confinement leaves the victim unable to help themselves or causes grievous harm or death, the case escalates well beyond the three-year ceiling and is no longer compoundable. Common defences include lawful authority to detain, consent, and absence of intent to restrain. Where a firearm, group, or ransom demand is present, prosecutors typically add the heavier related charges.
Frequently asked questions
Is there a minimum time of confinement for Section 310?
No. The section fixes no minimum period. Even a brief deprivation of another person's bodily liberty can constitute the offence if it is intentional and without lawful authority.
Can a Section 310 charge be settled?
Yes. Section 321 makes the basic offence under Section 310 compoundable, so the parties may settle and the right to prosecute can be extinguished.