Section 397 — Bullying, harassment or nuisance
English translation
Whoever, by any means, bullies, oppresses, threatens, or causes annoyance or nuisance to another person without reasonable cause shall be liable to a fine not exceeding five thousand baht.
If the offence under paragraph one is committed in a public place, the offender 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 any act of bullying, oppression, threatening or harassment, or causing annoyance or nuisance to another, done without reasonable cause. Paragraph one is fine-only, while paragraph two makes commission in a public place an aggravated form that adds imprisonment of up to one month. The current text lists คุกคาม (threatening or harassment) among the prohibited acts and includes the public-place variant, a broader wording than earlier versions of the provision applied in older decisions. It is distinguished from continuous harassment under Section 394, which requires continuity, and from causing fear by threat under Section 392. The offence is compoundable under Section 398.
Why this matters in practice
Paragraph one is fine-only, but the public-place form in paragraph two adds jail exposure, so where the harassment occurs, a street, market, or other public place, matters to the penalty. The offence is compoundable under Section 398, so the injured person controls the case and may settle. It is commonly used for harassment, nuisance, and threatening or menacing conduct that does not reach the level of assault or a threat causing fear. A complainant should be ready to show the absence of reasonable cause. For general context, see our guide to Thai criminal law.
Frequently asked questions
Is harassment or catcalling in public a crime under Section 397?
Bullying, threatening, or causing nuisance to another without reasonable cause is punishable under Section 397, and committing it in a public place raises the penalty to up to one month imprisonment or a 10,000 baht fine.
Why does committing the offence in a public place matter?
Paragraph one alone carries only a fine of up to 5,000 baht, but paragraph two makes the same conduct in a public place an aggravated offence that adds up to one month imprisonment.
Is a Section 397 charge compoundable?
Yes. Section 398 makes the offence under Section 397 compoundable, so the injured person may settle and withdraw the complaint before final judgment.