**THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971
(Amended by the Prevention of Insults to National Honour (Amendment) Act, 2003)
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 Flagâ€¦â€¦â€¦. 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. â€“ Comments expressing disapprobation or criticism of the â€¦â€¦â€¦Indian National Flag or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.
Explanation 2. â€“ 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.
Explanation 3. â€“ The expression "Public place" means any place intended for use by, or accessible to, the public and includes any public conveyance.
Explanation 4. â€“ The disrespect to the Indian National Flag means and includes-
(a) a gross affront or indignity offered to the Indian National Flag; or
(b) dipping the Indian National Flag in salute to any person or thing; or
(c) flying the Indian National Flag at half-mast except on occasions on which the Flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or
(d) 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
(e) using the Indian National Flag as a portion of costume or uniform of any description or embroidering or printing it on cushions, handkerchiefs, napkins or any dress material; or
(f) putting any kind of inscription upon the Indian National Flag; or
(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 Independences Day; or
(h) using the Indian National Flag as covering for a statue 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.
3A. MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE
Whoever having already been convicted of an offence under section 2â€¦â€¦â€¦. 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.
2.2 A member of public, a private organization or an educational institution may hoist/display the National Flag on all days and occasions, ceremonial or otherwise. Consistent with the dignity and honour of the National Flag -
(i) whenever the National Flag is displayed, it should occupy the position of honour and should be distinctly placed;
(ii) a damaged or dishevelled Flag should not be displayed;
(iii) the Flag should not be flown from a single masthead simultaneously with any other flag or flags;
(iv) the Flag should not be flown on any vehicle except in accordance with the provisions contained in Section IX of Part III of this Code;
(v) when the Flag is displayed on a speakerâ€™s platform, it should be flown on the speakerâ€™s right as he faces the audience or flat against the wall, above and behind the speaker;
(vi) when the Flag is displayed flat and horizontal on a wall, the saffron band should be upper most and when displayed vertically, the saffron band shall be on the right with reference to the Flag (i.e. left to the person facing the Flag);
(vii) to the extent possible, the Flag should conform to the specifications prescribed in Part I of this Code.
(viii) no other flag or bunting should be placed higher than or above or side by side with the National Flag; nor should any object including flowers or garlands or emblem be placed on or above the Flag-mast from which the Flag is flown;
(ix) the Flag should not be used as a festoon, rosette or bunting or in any other manner for decoration;
(x) the Flag made of paper may be waved by public on occasions of important national, cultural and sports events. However, such paper Flags should not be discarded or thrown on the ground after the event. As far as possible, it should be disposed of in private consistent with the dignity of the Flag;
(xi) where the Flag is displayed in open, it should, as far as possible, be flown from sunrise to sunset, irrespective of weather conditions;
(xii) the Flag should not be displayed or fastened in any manner as may damage it; and
(xiii) when the Flag is in a damaged or soiled condition, it shall be destroyed as a whole in private, preferably by burning or by any other method consistent with the dignity of the Flag.