Penal Code

Section 376 — Fouling public-use water sources

English translation

Whoever causes pollution or dirtiness to a well, pond, or water reservoir which has an owner or possessor and is kept for public use shall be liable to 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

This petty offence protects communal water supplies. The elements are (1) a well, pond, or water reservoir, (2) which has an owner or possessor and is kept for public use, and (3) the accused causing it to become polluted or dirty. It targets the source itself rather than downstream health harm, which is the concern of the adjacent public-water-source provision. Because the water must be kept for public use, fouling purely private water is not caught by this section.

Why this matters in practice

Penalty exposure is modest: up to one month's imprisonment or a fine up to 10,000 baht. In practice the disputed points are whether the water source was genuinely kept for public use and whether the accused's act, rather than a natural cause, produced the pollution. Anyone facing such a complaint should preserve evidence of the water's actual condition and use at the time.

Frequently asked questions

What is the penalty for polluting a public well or pond in Thailand?

Under Section 376, fouling a well, pond, or reservoir kept for public use is punishable by up to one month in prison, a fine of up to 10,000 baht, or both.

Does Section 376 apply to private water?

No. The water source must have an owner or possessor and be kept for public use, so fouling purely private water is not covered by this section.

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This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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