Section 3A. Enhanced penalty on second and subsequent convictions

1[ 3A. Enhanced penalty on second and subsequent convictions .—Whoever, having already been convicted of an offence under section 2 or section 3, is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year.] 1. Ins. by Act 31 of 2003, s. 3 (w.e.f. 8-5-2003). STATEMENT OF OBJECTS AND REASONS Cases involving deliberate disrespect to the National Flag, the National Anthem and the Constitution have come to notice in the recent past. Some of these incidents were discussed in both Houses of Parliament and Members expressed great anxiety about the disrespect shown to the national symbols. Government were urged to prevent recurrence of such incidents. Disrespect to the National Flag, the Constitution or the National Anthem is not punishable under the existing law. Public acts of insult to these symbols of the sovereignty and the integrity of the nation must be prevented. Hence the Bill. The scope of the law is restricted to overt acts of insult to, and attacks on, the national symbols by burning, trampling, defiling or mutilating in public. It is not intended to prohibit honest and bona fide criticism of the symbols, and express provision to this effect has been made in the Bill. NEW DELHI; K. C. PANT. The 24 th April , 1971.