Kerala HC: Not Lowering National Flag After Sunset Isn’t an Offence

Swift Summary

• The Kerala High Court clarified that not lowering the national flag after sunset is not an offense unless there is deliberate intention to insult or disrespect the flag.
• Criminal proceedings initiated against the Secretary of Angamaly municipality were quashed.He had been charged under the Prevention of Insults to National Honor Act, 1971 and Flag Code of India, 2002.
• The case related to an incident in 2015 where the national flag was not lowered for two days post-Independence Day celebrations at a municipal office.
• Justice Kauser Edappagath stated that mere lapses or inaction cannot be considered as deliberate acts meant to insult or dishonor national symbols.

Indian Opinion Analysis

The ruling underscores a significant interpretation of laws governing respect for national symbols-emphasizing intention rather than technical oversight.By stating that inadvertent lapses are insufficient grounds for criminal charges, especially under stringent provisions like those protecting the National Honour, this decision provides clarity on how such cases should be approached legally.

For India, particularly in administrative contexts that engage directly with symbolic practices like flag hoisting, this judgment may serve as precedent for avoiding overly punitive action based on minor procedural errors. Balancing respect for tradition and legal principles remains vital, ensuring pragmatic enforcement without undermining reverence toward national pride.

read more: Published – August 05, 2025