The Patna High Court dismissed a complaint accusing Bihar CM Nitish Kumar of disrespecting the national anthem during a sports event, ruling there was no evidence of intent or legal basis to proceed with the case.
The Patna High Court dismissed a case against Bihar Chief Minister Nitish Kumar for allegedly showing disrespect to the national anthem during the inauguration of an international sporting event.
Justice Chandra Shekhar Jha ruled in favor of a petition filed by Kumar, contesting a complaint lodged by a local resident in Begusarai district.
Advocate General P K Shahi, representing Kumar in court, argued that the “complaint was filed under political motivation, to tarnish the image of the petitioner, who has been the chief minister of the state since 2005.”
The court agreed, ordering the quashing of the complaint against the chief minister and stating that the allegation was “completely baseless and frivolous” and aimed at gaining “cheap popularity.”
The incident occurred in Patna on March 21, when the 75-year-old leader was seen waving and engaging with bystanders while the national anthem was being played. Kumar was inaugurating the Sepak Takraw World Cup that day.
His actions drew criticism from opposition parties in the state, with legislators calling for an apology on the assembly floor.
The petitioner had approached the CJM’s court in Begusarai, claiming he was “deeply hurt” by Kumar’s behavior as depicted on news channels and social media platforms.
Under Section 2 of The Prevention of Insults to National Honour Act, 1971, anyone who, in a public place or within public view, burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon, or otherwise shows disrespect to the Indian National Flag or the Constitution of India, whether through words (spoken or written) or actions, shall face imprisonment of up to three years, a fine, or both.
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Additionally, Section 3A stipulates that if a person, after being convicted under Section 2 or Section 3, commits the offence again, they shall face a minimum imprisonment of one year for the second and each subsequent offence.
Under the Bharatiya Nyaya Sanhita (BNS) of 2023, Section 79 addresses the punishment for acts that insult the Indian National Flag or the Constitution of India. Specifically, it states that anyone who, in a public place or within public view, burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon, or otherwise shows disrespect to the Indian National Flag or the Constitution shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
The controversy began when Nitish Kumar attended the inaugural ceremony of a sporting event in Patna on Thursday.
A video shows the chief minister talking to his chief secretary and nudging him multiple times while the national anthem was playing. His actions were caught on camera, and the video has since gone viral.
Case Title: Nitish Kumar vs The State of Bihar, Criminal Miscellaneous No.25589 of 2025
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