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PREVENTION OF INSULTS TO NATIONAL HONOUR (AMENDMENT) ACT 2003

ACT NO. 31 OF 2003

[8th May, 2003.]

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

Short title. 1. Short title.-This Act may be called the Prevention of Insults to National Honour (Amendment) Act, 2003.

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 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.'.

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.". SUBJASH C. JAIN, Secy. to the Govt. of India.