The Prevention of Insults to National Honour Act, 1971

Depiction of image on National issue

Enacted by Parliament in the 22nd Year of the Republic of India, it has the following provisions :

1. It extends to the whole of India.

2. Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or 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.

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.

The disrespect to the Indian National Flag means and includes :

A. Gross affront or indignity offered to the Indian National Flag; or dipping the Indian National Flag in salute to any person or thing; or

B. Flying the Indian National Flag at half-mast except on occasions on which it is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or

C. 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

D. Using the Indian National Flag as a covering for a building; or intentionally displaying the Indian National Flag with the ‘saffron’ down.

3. Prevention of singing the Indian National Anthem, etc. : Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.