Section 2 of The Prevention of Insults to National Honour Act, 1971
Whoever in any public place or in any other place within public view burns, mutilates, defaces, difiles, disfigures, destroys, tramples upon or 1[otherwise shows disrespect to or brings] into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. Explanation 1.-- Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section. Explanation 2.--The expression "Indian National Flag" includes any picture, painting, drawing or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance. Explanation 3.-- The expression "public place" means any place intended for use by, or accessible to, the public and Includes any public conveyance. 2[Explanation 4.--The disrespect to the Indian National Flag means and includes--
- (a)a gross affront or indignity offered to the Indian National Flag; or
- (b)dipping the Indian National Flag in salute to any person or thing; or
- (c)flying the Indian National Flag at half-mast except on occasions on which the Indian National Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or
- (d)using the Indian National Flag as a drapery in any form whatsoever except in State funerals or armed forces or other para-military forces funerals; or 3[(e) using the Indian National Flag,--
- (i)as a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or
- (ii)by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or]
- (f)putting any kind of inscription upon the Indian National Flag; or
- (g)using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part of celebrations on special occasions including the Republic Day or the Independence day; or
- (h)using the Indian National Flag as covering for a statute or a monument or a speaker's desk or a speaker's platform; or
- (i)allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or
- (j)draping the Indian National Flag over the hood, top and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or
- (k)using the Indian National Flag as a covering for a building; or
- (l)intentionally displaying the Indian National Flag with the "saffron" down.]
Summary
- It prohibits burning, defacing, defiling, disfiguring, or destroying the Indian National Flag or the Constitution of India in public.
- The offence can be committed using spoken or written words, or through physical acts.
- The punishment for these offences is imprisonment for a term which may extend to three years, a fine, or both.
- It permits lawful criticism or comments aimed at amending the Constitution or altering the flag.
- The flag is defined to include drawings, paintings, photographs, or any visible representation on any substance.
Practical examples
FAQ
1. What are the possible punishments for insulting the national flag or the Constitution?
The punishment can be imprisonment for a term up to three years, or a fine, or both.
2. Does a drawing or photograph of the flag count as the Indian National Flag under this law?
Yes, the term includes any picture, painting, drawing, photograph, or other visible representation made of or on any substance.
3. Is it illegal to criticize the Constitution or suggest an amendment?
No, comments criticizing the Constitution or the flag to obtain an amendment or alteration by lawful means are not offences.
4. What does public place mean under this section?
It means any place intended for use by, or accessible to, the public, and it includes any public conveyance like buses or trains.
Test yourself
Q1.What is the maximum term of imprisonment for showing disrespect to the Indian National Flag in a public place?
Q2.Which of the following is NOT considered an offence under Section 2?
Q3.What types of representations are included in the definition of the Indian National Flag?
Q4.Under Explanation 3, what is included in the definition of a public place?
Q5.On which of these items is printing the Indian National Flag legally defined as disrespect?
Q6.Is it permissible to use the Indian National Flag as a receptacle for carrying anything?
Q7.What constitutes disrespect regarding the physical handling of the Indian National Flag?