National Honour Act

Intention to insult National Flag
Case BriefsHigh Courts

Mere display of the Flag with the saffron band downward, without material indicating a deliberate intention or mens rea to show disrespect, does not constitute an offence; accidental or inadvertent acts are not punishable under the provision.

National Honour Act
Case BriefsHigh Courts

“Neither the statement of the watchman nor any material collected by the prosecution on record indicated that the applicant hoisted or displayed the Indian National Flag, or was involved in its display, on 26 January 2017.”