Section 364: Entering a dwelling or refusing to leave

Firm annotation

Section 364 protects the security of a building rather than title to land, and it has two distinct limbs. The first is entering, or hiding in, a dwelling place, a building for the keeping of property, or an office which is in the possession of another person. The second is refusing to leave such a place when driven out by a person entitled to forbid entry. The second limb matters in practice: a person who entered perfectly lawfully, as a guest or a customer, commits the offence by staying on once told to go. Running through both limbs is the requirement that the act be without reasonable cause, which is an element of the offence and not a defence for the accused to establish. The section speaks of a place in the possession of another, not the ownership of another, so possession is what counts and a landlord can commit the offence against his own tenant. The penalty is up to one year, or a fine of up to 20,000 baht, or both. Section 362 is the neighbouring offence and is differently aimed: it covers immovable property generally and requires either a purpose of taking possession or an act disturbing peaceful possession, neither of which is needed here. Section 365 raises the penalty 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 to use force, while carrying a weapon or by two or more persons jointly, or at night. Section 366 makes this 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.