Section 363: Removing or destroying boundary markers

Firm annotation

Section 363 sits in the trespass chapter but is really about land-grabbing. Its elements are (1) acting in order to take the immovable property of another as his own or as that of a third person, (2) removing or destroying the boundary markers of that immovable property, (3) in whole or in part. The purpose element does the work. Knocking over a boundary post out of spite, or in the course of building work, is criminal damage under Section 358, not this offence; what brings the conduct here is the intention to appropriate the land the markers define. The offence is complete on the removal or destruction, so the offender need not have acquired an inch of ground, and it does not matter whether the markers were official survey marks or a fence line, provided they mark the boundary. The penalty is up to three years, or a fine of up to 60,000 baht, or both. The chapter divides by what is invaded: Section 362 covers entering another's immovable property in order to take possession or to disturb peaceful possession, Section 363 covers attacking the boundary itself, and Section 364 covers entering or hiding in a dwelling, a store building or an office. Section 365 raises all three to up to five years, or a fine of up to 100,000 baht, or both, where the offence is committed by using or threatening force, while carrying a weapon or by two or more persons jointly, or at night. Section 366 makes the chapter compoundable except for Section 365. The current rates were set by Section 4 of the Penal Code Amendment Act (No. 26) B.E. 2560.