Section 386: Digging or placing obstructions in a public way

Firm annotation

Section 386 has two limbs, and the second is the one most often overlooked. The first punishes digging a hole or a channel, or erecting or placing any obstructive thing, in a public way, without lawful permission. The second punishes doing exactly the same thing lawfully, with permission, but neglecting to display proper signals to prevent accidents. So a contractor holding a valid road-opening permit commits this offence by failing to put out warning signs, cones or lights, which makes Section 386 the principal Penal Code provision behind unmarked roadworks and unguarded excavations. The penalty for either limb is a fine of up to 5,000 baht, with no imprisonment. The neighbouring provisions divide by conduct rather than by consequence: Section 385 covers obstructing a public way generally, but only where the act was both unpermitted and unnecessary; Section 387 covers objects likely to fall onto the way from above; and Section 375 covers causing a public drain, watercourse or sewer to become obstructed or inconvenient. As a petty offence under Section 102, Section 104 dispenses with any requirement of intention, which matters particularly for the second limb since neglect is precisely what it punishes; Sections 105 and 106 exclude attempts and supporters; and Section 95(5) bars prosecution one year after the act. The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.