Author: Harshit, Uttar Pradesh State Institute Of Forensic Science, Lucknow
To the Point
In India, Mob lynching is not considered as a separate crime. Currently, police and courts uses normal laws such as murder (Section 101 of the Bharatiya Nyaya Sanhita), rioting (Section 191), and unlawful assembly (Section 189) for managing lynching cases. However, these laws do not adequately address the extreme nature of lynching where a group of individuals assaults one person in a well-planned manner. India’s Supreme Court has stated that lynching is a serious threat to the nation and told state governments to make laws and act seriously. Parliament still hasn’t brought a new law specifically against lynching even after the court gave them instructions. This article is going to explain us why lynching is diffrent from other crimes and why we need a special law that addresses it in a proper manner.
Use of Legal Jargon
Mob lynching involves the active participation of numerous people with a common intent to injure or kill another. Therefore, it comes under Section 3(5) of the BNS (common intention) and Section 189 of the BNS (unlawful assembly with the common object). The concept of constitutional morality which means following the spirit of Constitution has been used in court cases to show that why it is important to protecting every citizens. In the Tehseen Poonawalla v. Union of India case the Supreme Court defined lynching as a threat to democracy and termed it “mobocracy.” The Court stated that all states should have nodal officers to avoid lynching, establish fast-track courts to expedite the hearing of these cases and provide compensation to families of the victims. But in India there is no special law for mob lynching and these steps are not followed accordingly. The state’s positive obligation under Article 21 (right to life) and Article 14 (right to equality) means that the government is required to safeguard individuals and treat everyone equally. Failing to have a specific anti-lynching law reveals a large shortfall in our legal system and it is the need of the time to make the specific law.
The Proof
India has witnessed numerous sensational mob lynching incidents in the past few years. There are few examples like:-
Mohammad Akhlaq was murdered in 2015 on a beef rumor.
Pehlu Khan was lynched in 2017 while taking cattle for sale.
Tabrez Ansari was beaten to death in 2019 and made to recite religious slogans.
These are crimes commitied by groups and often based on hate, rumors and identity. However India does not have a special law for mob lynching. These are dealt with under ordinary laws such as murder, rioting or unlawful assembly in the new Bharatiya Nyaya Sanhita (BNS), 2023.
In 2018, The Supreme Court stated that lynching has to be prevented and requested strict action against it. Rajasthan and West Bengal have enacted anti-lynching bills but these are not yet implemented or approved on a national scale.
Not even the new BNS 2023 has mob lynching as a stand-alone offence which indicates a legal gap in the law.
Abstract
Mob lynching occurs when a group of people takes the law into their own hands to attack or kill someone based on rumors, hatred, bias or on identity basis. In India, these cases have grown more common in recent years largely due to fake news, communal hatred and caste-based prejudice. These incidents pose a serious threat to democratic society because they create fear and undermine the rule of law. Currently, India does not have a specific law addressing mob lynching. Instead, such crimes fall under general laws like murder or rioting. However, these laws are insufficient as lynching is a unique crime where many act together. This article examines how courts have responded to mob lynching, what laws are the current laws and whether India needs a distinct law to prevent and punish mob lynching.
Case Laws
1. Tehseen S. Poonawalla v. Union of India (2018) – The Supreme Court stated that lynching must stop. It provided clear actions like appoint special officers, start fast-track courts and compensate victims. The Court said that mob lynching is a threat to law and order in a country.
2. Krishna Lal v. State of Uttar Pradesh (2020) – The Court held that people accused in lynching cases should not get bail easily. It also called for quick trials to ensure justice is served to the victim and the society.
3. Shakti Vahini v. Union of India (2018) – This case focused on honour killings but the Court stated that the state must prevent all kinds of extra-judicial violence including lynching and crimes like that.
4. Manoj Narula v. Union of India (2014) – This case held that people involved in serious crimes should not be allowed to serve as ministers. It also communicated that political support for criminals must end immediately.
Conclusion
Mob lynching is a serious crime that creates fear and divides society. It is different from ordinary murder because it is carried out by a group of people generally based on hate or rumors. India’s current criminal laws are not sufficient to handle crime like mob lynching. The courts have tried to address this by providing guidelines but these guidelines are not followed as they should be. India needs a specific anti-lynching law that clearly defines what lynching means, imposes strict punishments, protects victims and holds police responsible if they do not act accordingly. Such a law would safeguard people’s right to life which is protected under Indian Constitution and send a strong message that mob justice has no place in a democratic country like India.
FAQS
Q1: What is mob lynching?
When a group of people attacks and often kills someone which is usually based on rumors, hate or personal beliefs without any legal trial is called mob lynching.
Q2: Is there any specific law regarding lynching in India?
No, India does not have any national law that specifically addresses mob lynching. It falls under general criminal laws like murder and rioting in BNS.
Q3: What is Supreme Court take about lynching?
The Supreme Court has recognized lynching as a serious threat and urged states to take strong actions such as appointing officers and establishing fast-track courts and many thing.
Q4: Have any states made anti-lynching laws?
Yes, states like Manipur, Rajasthan and West Bengal have their own laws regarding mob lynching but many are still waiting for the President’s or governer’s approval.
Q5: Why do we need a national anti-lynching law?
A national law would apply across the country, clarify rules, punish those guilty, protect victims, and prevent political or police inaction. To make an country better we need such type of laws.
