Bombay High Court Quashes FIR Against 89-Year-Old Over Accidental Flag Hoisting Error

Bombay High Court Quashes FIR Against 89-Year-Old Over Accidental Flag Hoisting Error

The Bombay High Court, while protecting an 89-year-old, quashed an FIR against him after his housing society accidentally hoisted the National Flag upside down. 

The Court clarified that under the Prevention of Insults to National Honour Act, 1971, a "wrong hoisting" is only a crime if it is done with deliberate intent to insult the flag.

The Court ruled that mere presence at a ceremony or an accidental error does not constitute a criminal offense.

Criticizing the "mechanical" way the police and magistrate handled the case, the Court emphasized that legal action must not be used to harass citizens for unintentional oversights.

[V. K. Narayanan v. The State of Maharashtra]

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