Neither the statement
of Deepak Jaysingh nor any material collected by the
prosecution on record indicates that the Applicant
hoisted or displayed the Indian National Flag, or was
involved in its display, on 26.01.2017. 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.
15. 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 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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 7 OF 2026
V. K. Narayanan Vs The State of Maharashtra
CORAM : ASHWIN D. BHOBE, J.
DATED : 23rd FEBRUARY, 2026
Citation: 2026:BHC-AS:9262
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