Jammu and Kashmir Prevention of Insult to State Honour Act, 1979

No: 10 Dated: Sep, 29 1979

THE JAMMU AND KASHMIR PREVENTION OF INSULT TO STATE HONOUR ACT, 1979

(Act No. X of 1979)

An Act to Provide for the Prevention of Insult to State Honour.

    Be it enacted by the Jammu and Kashmir State Legislature in the Thirtieth Year of the Republic of India as follows :-

1. Short title. - (1) This Act may be called the Jammu and Kashmir Prevention of Insult to State Honour Act, 1979.

2. Extent. - It extends to the whole of the State of the Jammu and Kashmir.

3. Commencement. - It shall come into force at once.

4. Insult to the Flag and the Constitution of the State. - Whoever in any public place or in any other place within public view bums, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by word either spoken or written, or by acts) the Flag of the State or the Constitution of the Jammu and Kashmir 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 flag of the State or the Constitution of Jammu and Kashmir or any measures of the Government with a view to obtain an amendment of the Constitution of Jammu and Kashmir or an alteration of the Flag of the State by lawful means, do not constitute an offence under this Act.

Explanation 2. - For purposes of this Act, the expression-

(a) "Flag of the State" includes any picture, painting drawing or photographs, or other visible representations of the Flag of the State, or made of any substance or represented on any substance; and

(b) "public place" means any place intended for use by, or accessible to the public and include any public convenience.