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 abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

Insult to the Flag or Constitution

Under Section 2, a person commits an offence by burning, mutilating, defacing, defiling, disfiguring, destroying or trampling upon the Indian National Flag or the Constitution in a public place or within public view. Showing disrespect to or bringing either into contempt through spoken or written words or acts is also covered.

• The protection extends to any part of the Constitution.
• The National Flag includes pictures, paintings, drawings, photographs and other visible representations of the Flag or any part of it.
• A public place includes a place intended for public use or accessible to the public, including a public conveyance.
• Lawful criticism seeking alteration of the Flag or amendment of the Constitution is not an offence merely because it expresses disapprobation.

Conduct treated as disrespect to the Flag

The Act contains an inclusive list of acts constituting disrespect to the National Flag.

• It includes offering a gross affront or indignity, or dipping the Flag in salute to any person or thing.
• It includes using the Flag as drapery, a building covering, or a covering for a statue, monument, speaker's desk or platform, subject to the specified funeral exception.
• It includes wearing it below the waist as part of a costume, uniform or accessory, or printing or embroidering it on specified personal articles or dress material.
• It includes placing inscriptions on it, using it as a receptacle, or draping it over a vehicle, subject to the exception for flower petals during specified national celebrations.
• It includes intentionally letting it touch the ground or floor, trail in water, or displaying it with the saffron colour downwards.

National Anthem and punishment

Under Section 3, whoever intentionally prevents the singing of the Indian National Anthem, or causes disturbance to an assembly engaged in such singing, is punishable.

• An offence under Section 2 or Section 3 is punishable with imprisonment up to three years, or fine, or both.
• Under Section 3A, a person convicted again after an earlier conviction under Section 2 or Section 3 faces imprisonment of not less than one year for the second and every subsequent offence.