Section 374 — Inciting an animal to attack
English translation
Whoever incites an animal to attack a person or the property of another person without necessity, if no harm is caused to the person or property, shall be punished with imprisonment not exceeding one month or a fine not exceeding ten 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
The elements are (1) inciting an animal to attack a person or another's property, (2) without necessity, and (3) no harm actually resulting to the person or property. This is the intentional counterpart to the neglect offence in Section 373: here the person deliberately sets an animal on a target, but the provision applies specifically where no harm follows. The words without necessity preserve situations such as using an animal in genuine self-defence or protection of property. Where harm does occur, the conduct moves beyond this petty offence into more serious provisions on injury or property damage.
Why this matters in practice
The penalty is minor, up to one month's imprisonment or a 10,000 baht fine, and the section is confined to cases where the incitement causes no actual harm. If the animal does injure a person or damage property, expect heavier charges and civil liability instead. The defence of necessity is important here, for example setting a dog on an intruder to protect oneself or one's property, and turns on whether the response was genuinely necessary and proportionate. Careful attention to whether harm resulted is decisive in classifying the offence.
Frequently asked questions
What does Section 374 cover?
Inciting an animal, without necessity, to attack a person or another's property, in cases where no actual harm to the person or property results.
What happens if the animal actually causes harm?
Then Section 374 no longer applies, and the conduct moves into more serious provisions on bodily injury or property damage, along with possible civil liability.
Is setting a dog on an intruder always an offence?
Not necessarily. The offence requires that the incitement be without necessity, so a genuinely necessary and proportionate response to protect oneself or property may be excused.