Section 392 — Causing fear by threat
English translation
Whoever causes another person to be frightened or alarmed by threatening 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 of threatening or intimidation and a resulting state of fear or alarm in the victim. As a petty offence it is distinguished from coercion under Section 309 and extortion under Section 337, both of which require that the threat compel the victim to do, refrain from, or submit to something, or to hand over a benefit; Section 392 requires no demand or result beyond the inducement of fear itself. Where a weapon is pointed only to frighten the victim, without intent to kill or injure, the conduct can amount to this offence rather than attempted murder. It is compoundable under Section 395.
Why this matters in practice
Penalty exposure is minor and the offence is compoundable under Section 395, so the complainant may settle. A key procedural lesson from the case below is that a court cannot convict under Section 392 unless the prosecution has both pleaded the intimidating conduct in the complaint and requested punishment for it, even where the evidence clearly shows the victim was frightened. This section is commonly relevant in disputes where a weapon is brandished or a person is menaced. For an overview, see our guide to Thai criminal law.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4404/2564 (2021)
Pointing a firearm at a person merely to intimidate and frighten them, without intent to kill, is not attempted murder but may constitute causing fear by threat under Section 392; however, a court cannot convict under Section 392 where the prosecution neither described that conduct in the complaint nor requested it in the prayer.
The Supreme Court found that the defendant aimed a gun at the victim only to threaten and frighten, so the attempted-murder conviction could not stand. Although the act would amount to an offence under Section 392, the prosecution had not pleaded it in the complaint or sought it in the prayer, so no punishment under Section 392 could be imposed.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is pointing a gun at someone to scare them a crime under Section 392?
Yes. Aiming a firearm at a person only to intimidate and frighten them, without intent to kill, can constitute causing fear by threat under Section 392 rather than attempted murder.
How is Section 392 different from extortion?
Section 392 only requires that the threat cause fear, while extortion under Section 337 requires that the threat compel the victim to hand over property or a benefit, and carries a much heavier penalty.