Section 377 — Polluting public water (health hazard)
English translation
Whoever by any means causes a public water source to become polluted to the extent of being dangerous to the health of the public 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 differs from the neighbouring provision on fouling public-use wells and ponds by requiring an added result: the pollution must reach a level dangerous to public health. The elements are (1) an act by any means, (2) causing pollution to a public water source, and (3) that pollution being dangerous to the health of the public. The public-health danger is the distinguishing element that must be proved, so mere dirtiness is not enough to convict under this section.
Why this matters in practice
Penalty exposure is limited to one month's imprisonment or a fine up to 10,000 baht. The prosecution's harder task is proving that the pollution actually became dangerous to public health, not merely unpleasant, which usually calls for evidence about the water's use and its effect on people. A defence often focuses on causation and on whether the health-danger threshold was really met.
Frequently asked questions
How is Section 377 different from Section 376?
Section 376 punishes fouling a public-use well or pond, while Section 377 requires that the pollution of a public water source reaches a level dangerous to public health.
What must be proved under Section 377?
The prosecution must show the accused caused pollution to a public water source and that the pollution was dangerous to public health, not merely dirty.