Section 380: Fouling water kept for public use

Firm annotation

Section 380 has three elements: (1) fouling the water, (2) in a well, a pond or a reservoir, (3) kept for public use. The third element is the one that decides most cases. The water source must be one kept for public use, so fouling a private pond is a matter for criminal damage under Section 358 or for the civil courts, not for this section. The three named sources are also a closed list of standing water, so a river, a canal or an irrigation channel is not within them; pollution of a flowing watercourse is dealt with under the Public Health Act B.E. 2535 and the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 rather than here. The verb needs no measurement of harm: it is enough that the water has been made foul, and no illness or actual use of the water need be shown. The penalty is up to one month, or a fine of up to 10,000 baht, or both. Section 375 is the neighbouring provision and covers causing a public drain, watercourse or sewer to become obstructed or inconvenient, by a fine only. As a petty offence within Section 102, Section 104 removes the requirement of intention, Sections 105 and 106 exclude attempts and supporters, and Section 95(5) gives a one-year prescription period. The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.