Section 311 — Aggravated confinement causing harm
English translation
If the offence under Section 310 is committed in such a way that the person detained, confined, or deprived of bodily liberty is placed in a condition of being unable to help themselves, the offender shall be punished with imprisonment not exceeding five years, or a fine not exceeding one hundred thousand Baht, or both.
If the offence under the first paragraph causes grievous bodily harm to the victim, the offender shall be punished with imprisonment from one year to ten years and a fine from twenty thousand Baht to two hundred thousand Baht.
If it causes the death of the victim, the offender shall be punished with imprisonment from two years to twenty years and a fine from forty thousand Baht to 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
Section 311 supplies the aggravated tiers for the basic false-imprisonment offence in Section 310. Paragraph one applies where the manner of confinement puts the victim in a condition of helplessness, unable to assist themselves. Paragraphs two and three are result-aggravated: they escalate the penalty where the confinement causes grievous bodily harm, or death, respectively. The offence still rests on the Section 310 conduct, so the prosecution must prove that base offence plus the aggravating circumstance or result and its causal link. Unlike Section 310, the fine in the second and third paragraphs is mandatory and cumulative with imprisonment. These aggravated forms fall outside the compoundable category, since Section 321 makes only Section 310 (and Section 309 paragraph one) settleable.
Why this matters in practice
The exposure jumps sharply once helplessness, grievous harm, or death enters the picture: the top tier reaches twenty years' imprisonment with a mandatory fine. Because these are aggravated forms of Section 310, they are not compoundable, so a settlement with the victim affects sentence only, not whether the prosecution continues. Contested issues usually centre on the manner of confinement (did it truly leave the victim helpless) and causation of the harm or death. Anyone charged, or a family pursuing a complaint where confinement led to serious injury, should seek early online consultation with a Thai lawyer to assess which tier the facts support.
Frequently asked questions
When does Section 311 apply instead of Section 310?
When the confinement leaves the victim unable to help themselves, or causes grievous bodily harm or death. Each of these results raises the penalty above the basic Section 310 offence.
Is aggravated confinement under Section 311 compoundable?
No. Section 321 makes only Section 310 and the first paragraph of Section 309 compoundable, so the aggravated forms in Section 311 cannot be settled to end the case.