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Union of India - Act

The Prevention Of Insults To National Honour (Amendment) Act, 2003

UNION OF INDIA
India

The Prevention Of Insults To National Honour (Amendment) Act, 2003

Act 31 of 2003

  • Published on 1 January 2003
  • Commenced on 1 January 2003
  • [This is the version of this document from 1 January 2003.]
  • [Note: The original publication document is not available and this content could not be verified.]
An Act to amend the Prevention of Insults to National Honour Act,1971.
BE it enacted by Parliament in the Fifty- fourth Year of the Republic of India as follows:-

1. Short title.-

This Act may be called the Prevention of Insults to National Honour (Amendment) Act, 2003 .

2. Amendment of section 2.-

In section 2 of the Prevention of Insults to National Honour Act, 1971 (69 of 1971 ) (hereinafter referred to as the principal Act),-
(a)for the words otherwise brings", the words" otherwise shows disrespect to or brings" shall be substituted;
(b)after Explanation 3, the following Explanation shall be inserted, namely:-
' 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 National 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 a part of celebrations on special occasions including the Republic Day or the Independen e 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(i) intentionally displaying the Indian National Flag with the" saffron" down.'.

3. Insertion of new section 3A.-

After section 3 of the principal Act, the following section shall be inserted, namely:-" 3A. 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, wit imprisonment for a term which shall not be less than one year.". SUBJASH C. JAIN, Secy. to the Govt. of India.