Section 2 of PINHA : Section 2: Insults To Indian National Flag And Constitution Of India

Explanation using Example

Imagine a scenario where an individual, during a protest, decides to show their dissatisfaction with the government by burning a representation of the Indian National Flag. This act is witnessed by others in a public park, which is a place accessible to the public. Law enforcement officers who are present at the scene arrest the individual for this act.

In court, the individual is charged under Section 2 of The Prevention of Insults to National Honour Act, 1971, which prohibits the burning of the Indian National Flag in a public place. The individual's action is seen as showing disrespect to the flag, and thus, they are liable for punishment which may include imprisonment, a fine, or both. However, if the individual had merely spoken or written critical words about the flag with the intention to seek a lawful amendment or alteration, it would not constitute an offence under this section, as per Explanation 1.