Bombay HC Quashes FIR Against 85-Yr-Old For 'Inverted' Display Of Indian Flag; Says 'Intention To Insult' Essential Under National Honour Act

An 'intention' to insult the Indian National Flag by displaying it inverted - saffron down - is required for a person to be booked under the provisions of the Prevention of Insults to National Honour Act, 1971, held the Bombay High Court while quashing a First Information Report (FIR) lodged against a 85-year-old man booked for insulting the national tricolour by displaying it inverted on the residential society's terrace while celebrating the Republic Day in 2017.Single-judge Justice Ashwin Bhobe, in his order pronounced on Monday (February 23) noted that the petitioner VK Narayanan, a resident of Tilak Nagar, Chembur was merely present on the terrace during the Republic Day celebrations in 2017.According to the prosecution case, while celebrating the Republic Day in the society where Narayanan lived then, the national flag was hoisted on the building's terrace and that the same was 'inverted' and therefore the Mumbai Police lodged an FIR against him and other members of the society, who too are senior citizens, under section 2(4)(1) of the Prevention of Insults to National Honour Act, 1971.Justice Bhobe noted that Narayanan has already tendered his 'unconditional' apology to the court, as suggested by the court, in previous hearings considering his advanced age. Further, from the record, the judge noted that the prosecution heavily relied on the statements of a watchman of the society, who too stated that the petitioner was merely present on the terrace just like other society members. The judge also noted the fact that neither the statement of the watchman nor any material collected by the prosecution on record indicated that the Petitioner hoisted or displayed the Indian National Flag, or was involved in its display, on January 26, 2017. "Similarly, there is no material on record to show that any act of the Applicant was intended to insult or show disrespect to the honour of the Indian National Flag. To constitute the offence under Section 2(4) (l), the display of the Indian National Flag in an inverted manner must be intentional. Thus, mens rea to cause insult or disrespect, or to bring the Indian National Flag into contempt, would be required," Justice Bhobe held. Even if the allegations in the FIR and the evidence collected are accepted as true and correct, it does not appear that the Applicant displayed the Indian National Flag with the saffron down, much less that the Applicant had any such intention, the judge said. "The Applicant's mere presence at the place of hoisting of the Flag, as alleged, would not amount to an offence under Section 2(4) (l) of the Prevention of Insults to National Honour Act, 1971," the judge remarked. As regards the order of the Magistrate Court passed on July 3, 2017 taking cognisance of the Mumbai Police's chargesheet and further issuing process against the Petitioner and other persons named in the FIR, the judge said, "The order, by which the Magistrate took cognisance and issued process, is a 'rubber- stamped' cognisance."With these observations, the bench quashed the FIR and also the chargesheet filed against Narayanan. Appearance:Advocate Rajendra Sorankar appeared for the Petitioner.Additional Public Prosecutor Pallavi Dabholkar represented the State.Case Title: VK Narayanan vs State of Maharashtra (Criminal Application 7 of 2026)Citation: 2026 LiveLaw (Bom) 80Click Here To Read/Download Judgment

Bombay HC Quashes FIR Against 85-Yr-Old For 'Inverted' Display Of Indian Flag; Says 'Intention To Insult' Essential Under National Honour Act

Narsi Benwal

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