Non-lowering of national flag after sunset in itself is not an offence, says Kerala HC

The mere act of not lowering the national flag after the sunset in itself is not an offence, unless there is a deliberate action with the intention of insulting the national honour or showing disrespect to the flag, the Kerala High Court has stated.

It went on to quash criminal proceedings initiated against the Secretary of the Angamaly municipality by the police and the trial court for allegedly not lowering the flag at the municipal office for almost two days after the Independence Day celebration in 2015. He had been charged under the Prevention of Insults to National Honour Act, 1971 and the Flag Code of India, 2002 after the Angamaly police initiated suo motu action.

A Bench of Justice Kauser Edappagath said that a mere lapse or inaction by a person in not lowering the national flag after sunset cannot be said to be an act of gross affront or indignity, or insult to the flag. The provisions of the Act of 1971 cannot be attracted unless there is a deliberate action with an intention to insult the national honour or show disrespect to the flag.

The Municipal Secretary contended that the allegations against him, even if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against him.