Court : Karnataka
Reported in : AIR1995Kant290; 1996(6)KarLJ464
..... india, its scheme read with the provisions of the emblems and names (prevention of improper use) act, 1950 and the prevention of insult to national honours act 1971 do not reveal nor provide for any provision prohibiting the use of national flag (the tricolor flag) which keeps pace with dignity and honour of india, its sovereignty and its cultural heritage and the ideals for which it stands and the honour of national tricolor flag, as well as its user as a conscious keeping of all the ..... . 3 of the emblems and names (prevention of improper use) act, 1950 or if and when it amounts to be an act of insult to nationalhonour within the frame work of the provisions of the prevention of insult to national honour act, 1971, in those cases and situations only the user thereof is prohibited and amounts to be an offence only, the depiction ot scene along with national tricolor in the film does, in context of theme of the picture, not come within prohibition or prohibitory clause ..... . the prevention of insults to national honour act, 1971, as mentioned earlier prevents insults to national honour ..... . xii of 1950 and there is another act known as 'the prevention of insults to national honour act, 1971, i.e ..... . if we look to para 12.3, it again indicates that it is in the nature of an instruction which provides that insult to national flag or any part thereof, as mentioned therein is liable to be punished under prevention of insults to national honour act .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant174; 2007CriLJ4443; 2007(6)KarLJ338
..... (ii) section 2, of the prevention of insults to national honour act, 1971, does not deal with insult to national anthem and therefore section 3 of the national honour act addressing insult to national anthem is not correct. ..... chief metropolitan magistrate, bangalore, for the offence under section 3 of the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the national honour act'.)2. ..... the short question that arises for consideration is:whether playing musical version of the indian national anthem instead of singing national anthem by mouth or the press statement, is an offence punishable under section 3 of the prevention of insults to national honour act, 1971?7. ..... the prevention of insults to national honour act, 1971 was enacted and brought on the statute book. ..... venugopal that since section 2 of the national honour act does not say anything about national anthem and therefore under section 3 of the national honour act prevention of singing of indian national anthem can not be made an offence is not correct. ..... section 3 of the national honour act says that 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'. ..... section 2 of the national honour act deals with insult to indian national flag and constitution of india. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP233; 2004(3)MPLJ216
..... we may profitably refer to the statement of objects and reasons to the prevention of insults to national honour act, 1971 (act 69 of 971) :'cases involving deliberate disrespect to the national flag, the national anthem and the constitution have come to the notice in the recent ..... has been made to article 51a of the constitution and to the provisions enshrined under the prevention of insults to national honour act, 1971, (for brevity 'the 1971 act'). ..... the two judge bench of the apex court in paragraph 10 has categorically observed that provisions of the prevention of insults to national honour act was enacted as the parliament has not been unmindful of national honour ..... as he could not swallow the hidden indifference and outright insult to the national honour, he went to the manager of the theatre, namely, jyoti theatre, where the movie was exhibited, narrated his experience ..... acts of insults to these symbol of sovereignty and the integrity of the nation must be ..... of the law is restricted to overt acts of insult to and attack on, the national symbols by burning, trampling defiling or ..... a body of individuals, or contempt of court are not presented;explanation : scenes that tend to create scorn, disgrace or disregard of rules or undermine the dignity of court will come under the term 'contempt of court' and(xix) national symbols and emblems are not shown except in accordance with the provisions of the emblems and names (prevention of improper use) act, 1950 (12 of 1950).3 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)
..... is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of article 19 of the constitution of india; (iii) the emblems and names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 regulate the use of the national flag ; (iv) flag cede although is not a law within the meaning of article 13(3)(a) of the constitution of india for the purpose of clause (2) of article 19 thereof, it would not restrictively regulate the free exercise of the right of flying the ..... and not by the executive; (2) the restrictions imposed by the flag code on flying the national flag being not law within the meaning of clause (2) of article 19 of the constitution of india, the same cannot be construed to be a penal provision; (3) however, if contravention of any of those instructions and guidelines had been issued under the 1950 act or under the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the 1971 act'), the same would constitute a penal offence; (4) referring to the debates held in the constituent ..... even assertion of the right to respectfully fly the flag vis--vis the mere right to fly the flag is regulated and controlled by two significant parliamentary enactments, namely, the emblems and names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971.86. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008CriLJ2206; ILR2008KAR1574; 2008(4)KarLJ73; 2008(2)KCCR894
..... it is the misfortune of the petitioner that process is issued against him for the alleged commission of an offence under section 3 of the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the act' for brevity).3. ..... statement having been recorded as well as that of his witnesses, the magistrate has opined that:even though the playing of the national anthem by way of musical instrument is not an offence, the non-playing or not singing of the national anthem at the time of departure of the hon'ble president of india is an offence and it attracts an offence under section 3 of the prevention of insults to national honour act.17. ..... 3 on the other hand deals with the prevention of singing of the national anthem, does not refer to insults to the national anthem.f) a statement made at a press interview even if accepted as correctly quoted cannot constitute an offence under section 3 of the act.g) there is no allegation in the complaint of the actus reus or culpable act of preventing the singing of the national anthem or causing disturbance to any assembly by ..... complainant amounted to 'causing insult and exhibiting dishonour to the national honour'. ..... in the complaint even if assumed to be true would not constitute an offence under the provisions of the act.h) there was no act committed by the petitioner, by word or deed in preventing the audience at the venue from singing the national anthem, which is the only relevant issue, to constitute the alleged offence. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker79
..... if the allegations raised are correct, they are in clear violation of the flag code, as well as the provisions of the prevention of insults to national honour act, 1971 and the emblems and names (prevention of improper use) act, 1950. ..... therefore, a bill was introduced, and the parliament passed the prevention of insults to national honour act, 1971. ..... section 2 of act 69 of 1971 specifically says that whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise 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. ..... report shows that the carry bag inscribing national flag is used as a receptacle for receiving, delivering, holding or carrying anything, in a grocery shop, is punishable under act 69 of 1971. ..... public acts of insults to these symbols of sovereignty and the integrity of the nation must be prevented. ..... therefore, the carry bag manufactured and used in the grocery shop with inscribing national flag is also punishable under the emblems and names (prevention of improper use) act, 1950 as well.14. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR569; (1995)97BOMLR953
..... 1994 of loha police station under section 2 of the prevention of insults to national honour act, 1971 as not maintainable, is hereby quashed and set aside. ..... basis of this complaint, an offence punishable under section 2 of the prevention of insults to national honour act, 1971 came to be registered against the petitioner at crime no. ..... section 2 of the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the act' for the sake of bravity) runs thus :'whoever in any public place or in any other place within public view burns, ..... or otherwise 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 ..... alleged that on 15-8-1994, on the independence day, the petitioner while hoisting the indian national flag brought into contempt by not properly unfurling the flag. ..... shri shelke, learned counsel for the petitioner, submitted that an offence under section 2 of the act is one for which the punishment can be extended to 3 years and as such it falls under ..... flag by tying the bottom with a string and not from the top side and as such, the flag came one foot down from upwards and this brought the indian national flag into contempt by his own action. ..... , to be noted that the punishment for an offence under section 2 of the act can be inflicted not only upto 3 years but also for 3 years. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD264; 2001(2)ALT141
..... , the prevention of insults to national honour act, 1971 (act no.69 of 1971) (hereinafter referred to as 'national honour act') and the emblems and names (prevention of improper use) act, 1950 (act no.12 of 1950) (hereinafter referred to as 'emblems act') apart from the ..... section 2 of the 'national honour act' reads thus: 'insult to indian national flag and constitution of india :--whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the indian nationalflag 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, ..... of the said act, in no uncertain terms demonstrate as to how the national flag should be honoured and steps be taken to prevent all types of ..... three explanations have been appended to section 2 of the said act and explanation 2 which is relevant for the purpose of this case reads as under: '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 ..... this order be sent to the chief secretary to the government of andhra pradesh so that necessary directions to all concerned may be issued so as to prevent such misuse of the indian national flag. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR117; 1999BomCR(Cri)117; (1999)1BOMLR644; 1999(1)MhLj368
orderd.g. deshpande, j.1. petition is filed challenging the order of the jmfc, kalyan, rejecting the application of the petitioners-accused for discharge from offence under section 2 of the prevention of insults to national honours act, 1971. the prosecution was launched by the state against the petitioners accused on the ground that they insulted the national flag by not holding any function or celebration on 1-5-1994, which was a maharashtra day. sufficient time was granted to the a.p.p. to produce any notification by which holding of maharashtra day function by school was made obligatory by the state government. she could not produce any notification. on the face of it the order of the magistrate is unsustainable because not holding maharashtra day function and not hoisting the flag on that day cannot bring the matter within the purview of section 2 of the aforesaid act.2. it may be that the petitioners accused were liable to hold the function as per the circulars issued by the government of maharashtra. but if maharashtra day function is not held deliberately and intentionally that could be a subject matter of some departmental action by the state but not by prosecuting the accused under the aforesaid act. consequently, petition is required to be allowed. hence, the order :
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2841; 2005(2)AWC1804(SC); 120(2005)DLT147(SC); [2005(3)JCR133(SC)]; JT2005(5)SC323; 2005(II)OLR(SC)405; (2005)5SCC330
..... the prevention of insults to national honour act, 1971 (act no. ..... a few things such as -- a national flag, a national song, a national emblem and so on, are symbolic of our national honour and heritage. ..... accordingly i make this statement.the composition consisting of the words and music known as jana gana mana is the national anthem of india, subject to such alterations in the words as the government may authorise as occasion arises; and the song vande mataram, which has played a historic part in the struggle for indian freedom, shall be honoured equally with jana gana mana and shall have equal status with it. ..... 69 of 1971) enacted by the parliament makes it an offence for whoever intentionally prevents the singing of the indian national anthem or causes disturbance to any assembly engaged in such singing. ..... before 15th august, 1947) and ever since then it is not a part of india, and therefore, the use of the word 'sindh' in the national anthem is misplaced and deserves to be deleted for which an appropriate direction needs to be issued to the union of india. ..... ram jethmalani, the learned senior counsel leading the interveners, severely criticized the conduct of the petitioner who has mentioned in the writ petition that the continued use of the word 'sindh' in the national anthem offends patriotic sentiments of the citizens of india and is offensive of sovereignty of the neighbouring country. .....
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