Section 391 — Use of force without injury
English translation
Whoever uses force against another person, without going so far as to cause 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 the use of force against another person and that the force does not reach the level of causing injury to body or mind. It is the petty-offence floor of the assault ladder: where the force does cause bodily or mental harm, the conduct becomes assault under Section 295, and where it causes grievous harm, Section 297. The dividing line from Section 295 is simply whether any injury results, so Section 391 frequently operates as the lesser offence when an assault charge fails for want of proven injury. The offence is made compoundable by Section 395.
Why this matters in practice
Penalty exposure is minor and, because the offence is compoundable under Section 395, the injured party controls the case and may settle or withdraw the complaint. A defendant charged under Section 295 for assault should note that a court may still convict under Section 391 if the evidence does not establish actual injury, as the Supreme Court did in the decision below. For petty offences the prosecution period is short, so act promptly. See our overview of Thai criminal law.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2030/2568 (2025)
Where the prosecution cannot prove that any bodily or mental harm resulted, a defendant charged with assault causing injury under Section 295 may still be convicted under Section 391 for using force that does not cause injury.
The Court of Appeal set aside the Section 295 convictions and instead found the defendants guilty under Section 391 for jointly using force that did not cause injury, treated as a single act that also constituted joint nighttime trespass of a dwelling with weapons by two or more persons under Section 365.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the difference between Section 391 and assault under Section 295?
Section 391 applies when force is used but no injury results, while Section 295 applies when the force causes actual bodily or mental harm and carries a heavier penalty.
Can a Section 391 charge be settled between the parties?
Yes. Section 395 makes the offence under Section 391 compoundable, so the injured person may reach a settlement and withdraw the complaint before final judgment.