(1) This Act may be called the Prevention of Insults to National HonourAct, 1971.

(2) It extends to the whole of India.

Whoever in any public place or inany other place within public view burns, mutilates, defaces, difiles, disfigures, destroys, tramples upon or¹[otherwise shows disrespect to or brings] into contempt (whether by words, either spoken or written, orby acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished withimprisonment 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 theIndian National Flag or of any measures of the Government with a view to obtain an amendment of theConstitution of India or an alteration of the Indian National Flag by lawful means do not constitute anoffence under this section.

Explanation 2.--The expression "Indian National Flag" includes any picture, painting, drawing orphotograph, 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.-- The expression "public place" means any place intended for use by, or accessible to,the public and Includes any public conveyance.

²[Explanation 4.--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 Indian NationalFlag is flown at half-mast on public buildings in accordance with the instructions issued by theGovernment; or

(d) using the Indian National Flag as a drapery in any form whatsoever except in State funerals orarmed forces or other para-military forces funerals; or

³[(e) using the Indian National Flag,--

(i) as a portion of costume, uniform or accessory of any description which is worn below thewaist of any person; or

(ii) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or anydress 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 anythingexcept flower petals before the Indian National Flag is unfurled as part of celebrations on specialoccasions 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 ora speaker's platform; or

(i) allowing the Indian National Flag to touch the ground or the floor or trail in waterintentionally; 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.]

1 Subs. by Act 31 of 2003, s. 2, for "otherwise brings" (w.e.f. 8-5-2003).

2 The Explanation inserted by s. 2, ibid. (w.e.f. 8-5-2003).

3 Subs. by Act 51 of 2005, for clause (e) (w.e.f. 20-12-2005).

Whoever Intentionally prevents thesinging of the Indian National Anthem or causes disturbance to any assembly engaged in such singingshall be punished with imprisonment for a term which may extend to three years, or with fine, or withboth.

¹[3A. Enhanced penalty on second and subsequent convictions.u2014Whoever, having already beenconvicted of an offence under section 2 or section 3, is again convicted of any such offence shall bepunishable for the second and for every subsequent offence, with imprisonment for a term which shall notbe less than one year.]

1 Ins. by Act 31 of 2003, s. 3 (w.e.f. 8-5-2003).