Insult to the Flag and the Constitution of the State

Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words either spoken or written, or by acts) the Flag of the State or the Constitution of 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, photographs, or other visible representation 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 conveyance.