Section 362 — Trespass on immovable property
English translation
Whoever enters upon the immovable property of another person in order to take possession of that property, wholly or partly, or enters to do any act disturbing the peaceful possession of that person's immovable property, shall be liable to imprisonment not exceeding one year, or a fine not exceeding twenty 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 362 is the basic trespass offence for immovable property. It has two limbs: entering another's immovable property with intent to take possession of it wholly or partly, and entering to do any act that disturbs the possessor's peaceful enjoyment. The provision protects possession rather than ownership, so the person in peaceful possession is protected even against the true owner who takes the law into his own hands. It is the parent provision for aggravated trespass under Section 365, which raises the penalty where the act is committed by violence or threat, by night, armed, or by two or more persons together. Encroaching into another's possession, even without physically standing on the land, can amount to disturbing possession under this section.
Why this matters in practice
Trespass is a leading charge in land and boundary disputes, and the key is that it protects the person in possession, so a landowner who forces his way onto land held by another can himself commit the offence. Exposure under Section 362 alone is modest at up to one year, but prosecutors routinely add Section 365, which raises the penalty sharply where two or more act together, weapons are used, or violence is threatened. Because these disputes overlap civil boundary and possession claims, evidence of who was in peaceful possession, and of any encroachment, is central. Take advice on the wider position in criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3817/2568 (2025)
Encroaching into another person's area of possession of immovable property, even without entering the land, amounts to disturbing the possessor's peaceful possession and constitutes trespass under Section 362, and where done by two or more persons together the aggravated form under Section 365(2) applies.
Although the defendants did not enter the plaintiff's land itself, the court held their conduct encroached into the plaintiff's possession and disturbed his peaceful possession, making them guilty of trespass under Section 365(2) read with Section 362 and the joint-principal provision.
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Supreme Court Judgment No. 2515/2567 (2024)
Trespass on immovable property committed jointly by two or more persons is punished as aggravated trespass under Section 365 read with Section 362, and where accompanied by assault the acts may be treated as a single act breaching several laws.
The defendants were convicted of jointly trespassing on immovable property by two or more persons together, along with assault, treated as one act breaching several laws. The trial court imposed one year imprisonment and a fine on each, illustrating how joint trespass is charged under Section 365 read with Section 362.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does Section 362 protect the owner or the possessor?
It protects the person in peaceful possession, not necessarily the owner. Even a true owner can commit trespass if he forces his way onto land that another person is peacefully possessing.
When does trespass become more serious?
Under Section 365 the penalty rises where the trespass is committed by violence or threat, by night, while armed, or by two or more persons acting together.
Can I trespass without physically entering the land?
Yes. Encroaching into another person's area of possession, so as to disturb their peaceful possession, can amount to trespass under Section 362 even without standing on the land.