Failing to Lower the National Flag After Sunset Not A Crime: Kerala High Court

The Kerala High Court quashed criminal proceedings against a municipal secretary accused of failing to lower the national flag two days after hoisting it on Independence Day.

The Court held that mere inaction without intent does not amount to insult under Section 2(a) of the Prevention of Insults to National Honour Act, 1971. It ruled that no mens rea or deliberate disrespect was established.

The Court also clarified that the Flag Code of India, 2002, is not law under Article 13(3)(a) of the Constitution and cannot attract criminal liability. The suo motu FIR and Magistrate’s cognisance were set aside.

[Vinu C. Kunjappan v. State of Kerala]