Kerala HC: Displaying National Flag with saffron down not offence without intent to insult
A Single Judge Bench of the Kerala High Court, in considering a petition for quashment of proceedings, held that displaying the Indian National Flag with saffron facing downward constitutes an offence under the Prevention of Insults to National Honour Act, 1971, only if there is a deliberate intention to insult the flag.
The court found that in the absence of prosecution materials demonstrating such intent, proceedings could not continue. The case involved a photograph circulated via a private WhatsApp group showing the accused holding the flag with saffron down. The accused claimed the positioning was accidental and occurred during a private "Har Ghar Tiranga" programme at his residence.
The bench emphasized that Clause (l) of Explanation 4 to Section 2 of the National Honour Act specifically requires intentional display of the flag in inverted position, and mere inadvertent positioning without deliberate insult does not constitute an offence.
