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.
1. Short title.-This Act may be called the Prevention of Insults to
National Honour (Amendment) Act, 2003.2.Amendment of section 2.
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 speakers desk or a speakers 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.
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.”.
