Kerala High Court: accidental 'saffron down' display of national flag is no offence without intent to insult

29 September 2026

Justice A. Badharudeen of the Kerala High Court quashed proceedings against Mohammed Kasim H.K. in Mohammed Kasim H.K. v Union Territory of Lakshadweep.
A photograph showed him holding the Indian National Flag with the saffron portion facing downward; it was shared in a private WhatsApp group.
He had taken part in the Har Ghar Tiranga programme.
The case was under Section 2 of the Prevention of Insults to National Honour Act, 1971.
The court held that non-intentional, accidental or mistaken acts, without intention or mens rea to insult the flag, do not attract prosecution.