In a significant ruling, the Kalaburagi Bench of the High Court of Karnataka has quashed criminal proceedings against a government employee accused of hoisting the National Flag upside down during an Independence Day function. The Court held that there was no intention to insult the flag, and mere negligence would not attract penal action under the law meant to protect national honour.
Justice Rajesh Rai K delivered the order while allowing a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the criminal case.
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Background of the Case
The case stemmed from an incident on August 15, 2021, at Alloli village in Chittapur Taluk of Kalaburagi district. The petitioner, a Second Division Assistant at the Gram Panchayat, had been assigned responsibility for organising the flag hoisting ceremony.
According to the complaint filed by the Panchayat Development Officer on August 16, 2021, the National Flag was allegedly hoisted in a reverse position during the ceremony. The police registered Crime No. 81/2021 and later filed a charge sheet for an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971 .
The Magistrate took cognisance of the offence, following which the accused approached the High Court seeking quashing of the proceedings.
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Arguments Before the Court
Counsel for the petitioner argued that the incident was purely accidental. He submitted that the flag was displayed incorrectly due to oversight and negligence, not with any deliberate intention to insult the National Flag.
“The complaint itself shows that it was a mistake,” the defence argued, adding that the petitioner is a government servant who holds the National Flag in the highest respect .
On the other hand, the State opposed the plea. The High Court Government Pleader contended that the investigation revealed negligence on the part of the accused and that the sanctity of the National Flag had been compromised. He urged the Court to allow the trial to proceed .
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Court’s Observations
After examining the complaint and charge sheet material, Justice Rajesh Rai K noted that all witnesses consistently stated that the incident occurred due to negligence and not with any ulterior motive.
The Court referred to a similar decision of the Madhya Pradesh High Court in Anand Tiwari vs. State of M.P., observing that no reasonable person would intentionally unfurl the National Flag in a reverse position and expose themselves to legal trouble.
The bench observed that, “The act of the petitioner was unintentional and only by mistake.” It further clarified that Section 2 of the 1971 Act applies when there is a deliberate act of insult or indignity to the National Flag .
Importantly, the Court recorded that the petitioner neither intentionally displayed the flag with the saffron side down nor acted with any intention to insult national honour .
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Decision of the Court
Holding that continuation of criminal proceedings in such circumstances would amount to abuse of the process of law, the High Court allowed the petition.
“The continuation of proceedings against the petitioner is nothing but abuse of the process of Court,” the bench stated while passing the final order .
Accordingly, the proceedings in C.C. No. 1307/2022 arising out of Crime No. 81/2021 pending before the Civil Judge and JMFC, Chittapur, were quashed.
Case Title: Bhimsingh vs State of Karnataka & Anr.
Case No.: Criminal Petition No. 200201 of 2026
Decision Date: 12 February 2026
