Prevention of Insults to National Honour Act, 1971

The Prevention of Insults to National Honour Act, 1971 penalises specified insults to the Indian National Flag and the Constitution, and interference with the singing of the National Anthem. It complements the fundamental duty under Article 51A(a) to respect the Constitution, the National Flag and the National Anthem.

Insult to the Flag or Constitution

Under Section 2, an offence occurs when a person, in a public place or within public view, burns, mutilates, defaces, defiles, disfigures, destroys or tramples upon the Indian National Flag or the Constitution, or otherwise shows disrespect to or brings either into contempt. Contempt may be expressed through spoken or written words or through acts, and the protection extends to any part of the Constitution.

• The Indian National Flag includes its pictures, paintings, drawings, photographs and other visible representations, including representations of any part of it.
• A public place includes a place intended for public use or accessible to the public, including a public conveyance.

Acts treated as disrespect to the National Flag

The Act gives an inclusive list of conduct amounting to disrespect. It covers both direct indignity and improper display or use of the Flag.

• Offering a gross affront or indignity, or dipping the Flag in salute to any person or thing, is punishable.
• Using it as drapery, as a building covering, or to cover a statue, monument, speaker's desk or platform constitutes disrespect, subject to the statutory funeral exception.
• Using it below the waist as part of a costume, uniform or accessory, or printing or embroidering it on specified personal articles or dress material, is prohibited.
• Putting an inscription upon it, using it as a receptacle, or draping it over a vehicle is prohibited, subject to the exception for flower petals used during specified national celebrations.
• Intentionally allowing it to touch the ground or floor, trail in water, or displaying it with the saffron colour downwards constitutes disrespect.

National Anthem, exceptions and punishment

Under Section 3, intentionally preventing the singing of the National Anthem, or causing disturbance to an assembly engaged in singing it, is punishable. Lawful criticism seeking alteration of the Flag or amendment of the Constitution does not amount to an offence merely because it expresses disapprobation.

• An offence under Section 2 or Section 3 is punishable with imprisonment up to three years, or fine, or both.
• Under Section 3A, a second or subsequent offence attracts imprisonment of not less than one year.

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