Section 363 — Trespass into dwelling or premises
English translation
Whoever, without reasonable cause, enters a dwelling, a storehouse, or an office in the possession of another person, or refuses to leave such a place after the person entitled to forbid entry has requested him to leave, 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 363 is a trespass offence directed at buildings and enclosed premises rather than open land. It has two alternative forms of conduct: entering a dwelling, storehouse, or office in another's possession without reasonable cause, and refusing to leave such a place when the person entitled to forbid entry has asked the intruder to leave. Like Section 362, it protects the possessor's control of the premises, and it sits within the same trespass chapter, so it is frequently charged together with Section 362 and can be aggravated under Section 365 where committed by violence, by night, armed, or by two or more persons. The refusal-to-leave limb means a person who entered lawfully can still commit the offence once he is asked to leave and refuses.
Why this matters in practice
This section commonly arises with confrontations at homes, shops, warehouses, and offices, and the refusal-to-leave limb is important because a guest, customer, or former occupant who was initially admitted commits the offence once asked to leave and staying on. Exposure under Section 363 alone is up to one year, but it is often paired with Section 362 and can be aggravated under Section 365. A defendant's best line is usually reasonable cause for entry or a genuine right to remain, while the complainant must show possession and, for the second limb, a clear request to leave. See our overview of criminal law in Thailand.
Frequently asked questions
Can I commit trespass if I was let in and then asked to leave?
Yes. The second limb of Section 363 covers refusing to leave a dwelling, storehouse, or office after the person entitled to forbid entry asks you to go, even if your initial entry was lawful.
How does Section 363 differ from Section 362?
Section 362 targets trespass on immovable property including open land, while Section 363 targets entering, without reasonable cause, a dwelling, storehouse, or office, or refusing to leave one when asked.