India Flag LAW INSIDER

Debangana Ray

Published on August 10, 2022 at 22:52 IST

The Delhi Court‘s bench consisting of Justice Nabeela Wali sentenced an accused to Section 2 of Prevention of Insults to National Honours Act, 1971 and directed him to pay Rs. 2000 fine and distribute 20 national flags.

The Court further directed the convict to also provide 20 National Flags having dimension 900 x 600 mm, as per provisions of Flag Code of India, 2002 to Delhi State Legal Services Authority.

Further, it referred the judgement of Kokaiyabai Yadav v. State of Chhattisgarh, (2017) 13 SCC 449 wherein it was observed that reforming criminals who understand their wrongdoing are able to comprehend their acts, have grown and nurtured into citizens with a desire to live a fruitful life in the outside world, have the capacity of humanizing the world.

And the case of  Ravada Sasikala v. State of AP, (2017) 4 SCC 546 reiterated that it is the duty of every Court to award proper sentence having regard to nature of offence and manner of its commission.

The Supreme Court further said that Courts must not only keep in view the right of victim of Crime but also society at large. While considering imposition of appropriate punishment, the impact of crime on society as a whole and rule of law needs to be balanced.

Thus, the Court took a lenient view and sentenced the convict to pay Rs 2000 as fine for the offence under Section 2 of Prevention of Insults to National Honour Act, 1971, which stands paid.

The Court further directed DSLSA having office at Patiala House Courts, New Delhi to ensure and supervise the compliance being done at Child Care Institutions/ Educational Institutions for children including Madrasas under Delhi Waqf Board and Observation Home for Children.

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