(Amended by the Prevention of Insults to National Honour (Amendment) Act, 2005)
Be it enacted by Parliament in the Twenty- second year of the Republic of India
as follows: -
Whoever in any public place or in any other place within public view burns,
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
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,
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
*Explanation 4 - The disrespect to the Indian National flag means and includes—
the Flag is flown at half-mast on public buildings in accordance with the
instructions issued by the Government; or
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
which is worn below the waist of any person; or
by embroidering or printing it on cushions, handkerchiefs, napkins,
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
speaker’s desk or a speaker’s platform; or
in water intentionally; or
on a vehicle, train, boat or an aircraft or any other similar object; or
3. PREVENTION OF SINGING OF NATIONAL ANTHEM
Whoever intentionally prevents the singing of the Indian National Anthem or
causes disturbances 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.
*3A MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE
Whoever having already been convicted of an offence under section 2 or section 3
is again convicted of any such offence shall be punishable for the second and for every
subsequent offence, with imprisonment for a term, which shall not be less than one year.
Note 1: * Inserted vide The Prevention of Insults to National Honour
(Amendment) Act, 2005 (No. 51 of 2005 dated 20.12.2005)