Penal Code

Section 380 — Maintaining dangerous machinery

English translation

Whoever constructs, sets up, or maintains a furnace, an electrical apparatus, a power plant, or a machine or machinery which may cause danger to the person or property of another 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 addresses public-safety risks from certain installations. The elements are (1) constructing, setting up, or maintaining a furnace, electrical apparatus, power plant, or machine or machinery, and (2) that such thing may cause danger to the person or property of another. Liability turns on the potential for danger rather than any harm actually occurring, making it a preventive provision. It sits among the petty offences dealing with public safety and nuisance.

Why this matters in practice

Penalty exposure is limited to one month's imprisonment or a fine up to 10,000 baht. Because the offence is preventive, the core dispute is whether the installation genuinely posed a danger to others' person or property, which usually requires technical or factual evidence about its condition and siting. Rectifying or safely securing the installation is the natural practical response to a complaint.

Frequently asked questions

Does harm have to occur for Section 380 to apply?

No. The section applies where the furnace, apparatus, plant, or machinery may cause danger to others' person or property; actual harm is not required.

What is the penalty under Section 380?

The penalty is imprisonment not exceeding one month, a fine not exceeding 10,000 baht, or both.

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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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