The Prevention of Insults to National Honour Act, 1971

The Prevention of Insults to National Honour Act, 1971

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The Prevention of Insults to National Honour Act, 1971 (ACT NO. 69 OF 1971) (As on the 11th Aug, 2025) 1

LIST OF AMENDING ACTS

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The Prevention of Insults to National Honour (Amendment) Act, 2003 (31 of 2003). The Prevention of Insults to National Honour (Amendment) Act, 2005 (51 of 2005). _______ LIST OF ABBREVIATIONS USED Cl., cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections. Subs. . . . . . ,, Substituted. w.e.f. . . . . . ,, with effect from.

THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971

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THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 ARRANGEMENT OF SECTIONS SECTIONS 1. Insults to Indian National Flag and Constitution of India. Prevention of singing of Indian National Anthem, etc. Enhanced penalty on second and subsequent convictions.

THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971

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Section 1 — Short title and extent

Section 2 — Insults to Indian National Flag and Constitution of India

THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 ACT NO. 69 OF 1971 [23rd December, 1971.] An Act to prevent insults to national honour. Short title and extent.—(1) This Act may be called the Prevention of Insults to National Honour Act, 1971. (2) It extends to the whole of India. Insults to Indian National Flag and Constitution of India.—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.

(g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything

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Section 3 — Prevention of singing of Indian National Anthem, etc

Section 3A — Enhanced penalty on second and subsequent convictions

(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.] 3. Prevention of singing of 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. Enhanced penalty on second and subsequent convictions.—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.] 1.

STATEMENT OF OBJECTS AND REASONS

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STATEMENT OF OBJECTS AND REASONS Cases involving deliberate disrespect to the National Flag, the National Anthem and the Constitution have come to notice in the recent past. Some of these incidents were discussed in both Houses of Parliament and Members expressed great anxiety about the disrespect shown to the national symbols. Government were urged to prevent recurrence of such incidents. Disrespect to the National Flag, the Constitution or the National Anthem is not punishable under the existing law. Public acts of insult to these symbols of the sovereignty and the integrity of the nation must be prevented. The scope of the law is restricted to overt acts of insult to, and attacks on, the national symbols by burning, trampling, defiling or mutilating in public.