Case Note & Summary
The applicant, Dr. Varsha Raj Salunke, was the Head Mistress of First Expression School. On 26th January 2018, she hoisted the National Flag on Republic Day but failed to lower it after sunset. On 27th January 2018, PSI Poonam Shivaji Patil of CIDCO Police Station, Aurangabad lodged an FIR (Crime No. 32 of 2018) against her under Section 2 of the Prevention of Insults to National Honour Act, 1971. The applicant filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR, contending that she was innocent and falsely implicated. She argued that Section 2 of the Act was not attracted as not lowering the flag after sunset does not amount to any insult, dignity, or honour of the National Flag, and the Flag Code does not prescribe any punishment for such omission. The State objected on the ground that not lowering the flag after sunset shows disrespect to the National Flag. The Court heard both sides. The Court examined Section 2 of the Prevention of Insults to National Honour Act, 1971, which penalizes acts of insult or indignity to the National Flag. The Court noted that the Flag Code of India provides guidelines for display of the flag but does not prescribe any punishment for failure to lower it after sunset. The Court held that mere omission to lower the flag after sunset does not constitute an intentional insult or indignity to the National Flag and therefore does not attract Section 2 of the Act. The Court quashed the FIR and allowed the application.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Prevention of Insults to National Honour Act, 1971 - Section 2 - The applicant, a school headmistress, hoisted the National Flag on Republic Day but failed to lower it after sunset. The FIR alleged offence under Section 2 of the Act. The Court held that mere omission to lower the flag after sunset does not amount to any insult or indignity to the National Flag and does not attract Section 2 of the Act. The Flag Code of India does not prescribe any punishment for such omission. The FIR was quashed. (Paras 1-6)
Issue of Consideration
Whether failure to lower the National Flag after sunset amounts to an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971
Final Decision
The Court allowed the application and quashed the FIR (Crime No. 32 of 2018) registered against the applicant under Section 2 of the Prevention of Insults to National Honour Act, 1971.
Law Points
- Section 2 of Prevention of Insults to National Honour Act
- 1971 requires intentional insult or indignity to National Flag
- mere omission to lower flag after sunset does not constitute offence
- Flag Code of India does not prescribe punishment for such omission
