CJP's Lehra Do Tiranga March: What the Law Says About Displaying and Respecting the National Flag

The Cockroach Janta Party's "Lehra Do Tiranga" call has put the national flag at the centre of a political and legal debate in the capital. With supporters asked to carry the Tricolour and authorities imposing restrictions around the proposed venue, many people are asking what the law actually says about displaying the flag and where the limits lie. Understanding the framework helps separate the rules on the flag itself from the rules on public gatherings.

The Flag Code of India, 2002

The main set of guidelines is the Flag Code of India, which came into effect on January 26, 2002. It allows citizens, private organisations and educational institutions to display the national flag on all days and occasions, as long as the honour and dignity of the flag are respected. The code is divided into three parts: a general description of the flag, rules for display by members of the public and private and educational bodies, and rules for display by governments and their agencies. It also says the flag must occupy the position of honour and cannot be placed beneath any other flag.

The code was amended in 2022 to allow the flag to be flown both day and night, ending the older practice of hoisting it only between sunrise and sunset. It also contains practical dos and don'ts, such as avoiding the use of a damaged or dishevelled flag and keeping the flag from being used for commercial purposes.

The Prevention of Insults to National Honour Act, 1971

While the Flag Code is a set of guidelines, the Prevention of Insults to National Honour Act carries criminal penalties. It prohibits the desecration of, or insult to, national symbols including the national flag, the Constitution and the national anthem. Anyone who publicly burns, mutilates, defaces, tramples upon or otherwise shows disrespect to the flag, whether by words or by acts, can face imprisonment of up to three years, a fine, or both. Preventing the singing of the national anthem is also an offence under the law. A conviction for certain offences under the Act can lead to disqualification from contesting elections for a period of six years.

The Emblems and Names Act, 1950

The Emblems and Names (Prevention of Improper Use) Act, 1950 restricts the improper use of national emblems and certain official names and symbols. It is one of the older laws that continue to shape how the flag and related symbols can be used, and the Flag Code itself notes that display of the flag is subject to this Act and the 1971 Act.

A Citizen's Duty

Beyond these laws, the Constitution lists respect for the national flag and the national anthem among the fundamental duties of citizens under Article 51A. This moral and constitutional expectation is often cited in discussions about how the flag should be treated during political events.

Flag Rules Versus Public Order Rules

In the case of the CJP march, an important distinction applies. The rules above deal with how the flag is displayed and respected. Whether a particular gathering can take place at a particular location is governed by separate public-order powers. In Delhi, restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita have been imposed in Connaught Place and nearby areas, and Central Park has been closed to the public on October 16 and 17. Police have urged people to follow these orders and have indicated that a limited group may be permitted to hoist the flag and sing the national anthem at a suitable alternative location, subject to conditions.

Party founder Abhijeet Dipke has claimed that two of the party's co-convenors, Saurav Das and Ashutosh Ranka, were jailed for unfurling the Tricolour. The official position reported so far is different: the two were sent to five days of judicial custody for allegedly violating their peace bonds and trespassing into Jantar Mantar, which has been denotified as a protest area. These are competing narratives, and the legal questions are likely to be examined further.

This explainer is based on published news coverage and general legal provisions. It is not legal advice, and claims made by political parties have not been independently verified.