Section 387: Objects likely to fall onto a public way

Firm annotation

Section 387 is about things above and beside a public way rather than things on it. Its elements are (1) hanging, installing or placing anything, (2) in such a manner that it is likely to fall or collapse, (3) so as to cause danger, soiling or trouble to persons travelling on a public way. Typical subjects are an air-conditioning unit on a bracket, a shop signboard, a plant pot on a balcony rail, scaffolding and drying laundry above a footpath. Liability turns entirely on likelihood, not on result: nothing need actually fall and nobody need be hurt, so the offence is complete while the object is still in place. The range of harm contemplated is also graded well down, as far as soiling or mere trouble, so dripping water or falling debris is enough without any risk of injury. The penalty is a fine of up to 5,000 baht, with no imprisonment. Where something does fall and injures someone, the offences against life and body apply and this section adds little to them. Section 385 covers obstructions placed on the way itself and Section 386 covers digging or erecting in the way, and the failure to signal permitted works. As a petty offence under Section 102, no intention need be proved by virtue of Section 104, Sections 105 and 106 exclude attempts and supporters, and prescription is one year under Section 95(5). The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.