Section 369: Destroying an official notice

Firm annotation

Section 369 protects the official character of a public display rather than the paper it is printed on. Its elements are (1) causing, by any means, (2) a notice, an advertisement or a document, (3) posted or displayed by an official in the performance of a duty, or ordered by that official to be posted or displayed, (4) to be detached, torn or rendered useless. Two points widen the section further than it first reads. The document need not have been posted by the official personally: one posted by a private person on the official's order is equally protected, which covers a court posting affixed by a party or an auction notice put up by an executing officer. And “rendered useless” reaches defacing, painting over or covering as much as removal, so the paper may still be on the wall and the offence complete. The penalty is a fine of up to 5,000 baht, with no imprisonment. This is a petty offence within Section 102, which brings three general rules with it: Section 104 makes it an offence even where committed without intention, so carelessly tearing an official notice is within it; Section 105 and Section 106 mean an attempt is not punished and a supporter is not punished; and Section 95(5) bars prosecution one year after the act. Section 368, failing without reasonable cause to comply with an official's lawful order, is the neighbouring provision and carries up to ten days or 5,000 baht. The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.