A local court in Indore has ruled that not standing in the attention position during the national anthem is not prima facie a crime.

"It is the moral duty of a person to stand in the attention position when the national anthem is played. But if they do not do so, then, prima facie, it is not a crime under the 1971 Act."

Also the 2002 National Flag Code does not say it is a crime if a person is not standing at attention, judicial magistrate Narendra Jain ruled while dismissing a petition filed against Bihar Chief Minister Rabri Devi and Railways Minister Lalu Prasad Yadav [Images] for remaining seated during the rendition of the national anthem at a function.

"The court has not found prima facie any evidence to act against the couple under these two acts, and therefore, it is dismissing the complaint," the magistrate said.

The petition was filed on the basis of a photograph, published by an evening paper in Indore, showing the couple sitting while others were standing at attention.

The court further held that the photograph did not establish if the national anthem was being played at the time.