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Prevention of Insults to National Honour Act, 1971

2. Insults to Indian National Flag and Constitution of India . -

Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend, to three years, or with fine, or with both.

Explanation 1. -Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute all offence under this section.

Explanation 2. -The expression “Indian National Flag” includes any picture, painting, drawing or photograph or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance, or represented oil any substance.

Explanation 3. -The expression “public place” means any place intended for use by, or accessible to, the public and includes any public conveyance.

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