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A central law penalising intentional disrespect to India's National Flag, Constitution, and National Anthem — expanded in 2026 to also cover the National Song, Vande Mataram.
The Prevention of Insults to National Honour Act, 1971 (Act No. 69 of 1971) is a central statute that prohibits and penalises intentional disrespect, desecration, or obstruction directed at India's key national symbols — the National Flag, the Constitution, and (as originally enacted) the National Anthem. It applies across the whole of India. A 2026 amendment extended equivalent statutory protection to the National Song, Vande Mataram.
Type: LawSection 2: Criminalises burning, defacing, defiling, mutilating, or trampling the National Flag or Constitution (up to 3 years imprisonment, fine, or both)
Exempts bona fide criticism made in the course of seeking lawful constitutional amendments
Section 3: Criminalises intentionally preventing or disturbing the singing of the National Anthem
Section 3A (added 2003): Mandates an enhanced minimum 1-year sentence for repeat offenders under Sections 2 or 3
2026 Amendment: Substituted Section 3 to extend identical protection to the National Song, Vande Mataram
Frequency: High relevance in 2026 due to the Vande Mataram 150th-anniversary amendment
| Aspect | Original Act (1971) | 2026 Amendment |
|---|---|---|
| Scope of Section 3 | National Anthem only | National Anthem + National Song (Vande Mataram) |
| First-offence punishment | Up to 3 yrs, fine, or both | Unchanged |
| Repeat offence (Sec 3A) | Applies to Anthem/Flag offences | Extended to Vande Mataram disruption |
The Act was passed in 1971 to give legal teeth to respect for national symbols in the newly independent republic. For over five decades, the National Song lacked the same statutory protection as the National Anthem, despite Vande Mataram's central role in the freedom movement. The 2026 amendment, passed during the song's 150th-anniversary commemorations, closed this gap.
Vande Mataram first appears in Bankim Chandra Chattopadhyay's novel Anandamath
Jana Gana Mana adopted as the National Anthem
Prevention of Insults to National Honour Act enacted
Section 3A added, enhancing penalties for repeat offenders
Amendment extends Section 3 protection to Vande Mataram
1971 Act protects Flag, Constitution, and (now) both National Anthem and National Song
Section 2 = Flag/Constitution; Section 3 = Anthem/Song; Section 3A = repeat-offence penalty
First-offence penalty: up to 3 years imprisonment, fine, or both
2026 Amendment added Vande Mataram to Section 3's protection
It protects the National Flag, the Constitution of India, and the National Anthem from intentional disrespect; a 2026 amendment added the National Song, Vande Mataram.
Up to three years' imprisonment, a fine, or both for a first offence; repeat offenders face a mandatory minimum of one year under Section 3A.
Via the Prevention of Insults to National Honour (Amendment) Bill, 2026, passed during the song's 150th-anniversary commemorations.