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Legal implication in case not standing in movie for national anthem
21-Aug-2023 (In Supreme Court Law)
If i chose not to stand for national anthem when it is played in movie hall before movie start, am i breaking any law? Can i be punished? As per law i can be punished only if i cause interference or disruption to anthem, but if i simply sit during anthem without causing interference to others, is it ok by law?
There are two implications under law, One is "act" and another is "omission". Former deals with a wrongful act and later deals with an lawful act which was supposed to be done. In present case you are supposed to stand during national anthem and and by not standing you are inviting contempt of court because you are violating a court's order.
Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt. Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempts of its subordinate courts. Power to punish for contempt of court under Articles 129 and 215 is not subject to Article 19(1)(a).
Essentials
The elements generally needed to establish a contempt are:
1. the making of a valid court order,
2. knowledge of the order by respondent,
3. ability of the respondent to render compliance, and
4. wilful disobedience of the order.
Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt. Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempts of its subordinate courts. Power to punish for contempt of court under Articles 129 and 215 is not subject to Article 19(1)(a).
Essentials
The elements generally needed to establish a contempt are:
1. the making of a valid court order,
2. knowledge of the order by respondent,
3. ability of the respondent to render compliance, and
4. wilful disobedience of the order.
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Adv. Vinay Vats
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