Section 390 — Negligent bodily or mental injury
English translation
Whoever, by negligence, causes another person to receive injury to body or mind 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
The elements are an act done negligently, meaning without the care a reasonable person would exercise, that causes another to suffer injury to body or mind. As a petty offence (ลหุโทษ) it sits at the lowest tier of the negligence-injury ladder: where negligence causes grievous bodily harm the offence rises to Section 300, and where it causes death to Section 291, both carrying far heavier penalties. Section 390 is the residual provision for ordinary, non-grievous negligent injury and is very commonly charged in road-traffic collisions alongside offences under the Land Traffic Act. Unlike the assault offences in Sections 391 to 394, it is not made compoundable by Section 395.
Why this matters in practice
Penalty exposure is minor and the case is usually resolved by paying compensation, which strongly influences whether the court imposes a fine only. Note, however, that Section 390 is not listed among the compoundable petty offences in Section 395, so a settlement does not automatically end the public prosecution, unlike an offence under Section 391. As a petty offence the prosecution period is short, so complaints should be filed promptly. For an overview of how these charges proceed, see our guide to criminal law in Thailand.
Frequently asked questions
Is negligent injury under Section 390 a serious crime?
It is a petty offence, the lowest tier, punishable by up to one month imprisonment or a fine of up to 10,000 baht. More serious negligent injury causing grievous harm falls under Section 300.
Can a Section 390 case be settled by paying compensation?
Section 390 is not listed as compoundable in Section 395, so a settlement does not automatically terminate the case, but paying compensation strongly influences the penalty and often results in a fine only.
What is the difference between Section 390 and Section 300?
Section 390 covers ordinary bodily or mental injury caused by negligence, while Section 300 covers negligence causing grievous bodily harm and carries a much heavier penalty.