From Social Menace to Criminal Offence: The Legal Evolution of Mob Lynching

16th July, 2024 - 9:12 am Categories: News & Updates 0 Comments

As the new criminal laws brought in seek to change the law enforcement scenario in India, they have introduced mob lynching as a new offence. The blog tries to trace and analyse the offence of mob lynching in India and the evolution in legislations related to it. The blog also tries to trace the lacunas, relevance and implications of the new offence of mob lynching.

Lynching is the term used to describe the execution of an individual by a large group of people, usually by hanging that individual. The term “lynching” derives from the name of Captain William Lynch, a self-appointed judge from Virginia in the eighteenth century. He used to condemn people to death by hanging them without a formal trial. The term “Lynch’s Law” referred to this system of capital punishment. Later, the act of hanging someone without holding a fair trial came to be known as lynching.

Mob Lynching refers to violence against a person by an uncontrolled group of people having the intent to cause violence. Mob lynching is usually caused when a group of frenzied people feel that a person is guilty of an offence for which a trial has still not been held and in order to mete out justice to the victim they kill or cause harm to that person. In such a situation the mob may take law in their own hands and perpetrate violence against the offender and in the commotion may also cause destruction to public property and cause harm to human body. The mob may turn aggressive and cause violence against the offender even before a proper trial has been held.

The Rig Veda, considered one of the world’s oldest and greatest books, emphasizes the concept of harmony amongst all individuals. However, it is a distressing reality that the nation to which these texts belong engages in hate crimes like mob lynching and justifies them with references to religion, etc. These incidents, which are frequently motivated by social or religious prejudice, are grave human rights violations and call into question the core tenets of Sanatan Dharma. The core of India’s spiritual and cultural legacy is undermined when religion is invoked as a rationale for acts of violence, which only serves to worsen the situation. In addition to damaging the country’s image, mob lynching seriously jeopardizes the rule of law and undermines the basic tenets of a civilized society.

[Image Soorces: Shutterstock]

Although the phrase “mob lynching” is relatively new, there have regrettably been cases of mob violence and extrajudicial deaths throughout history. The Noakhali Riots of 1946, a result of British India’s partition, saw communal tensions escalate in Noakhali, resulting to extensive violence, mass deaths, and forced conversions, showing the catastrophic communal strife during the partition. Following Prime Minister Indira Gandhi’s assassination in 1984, Sikhs were the focus of anti-Sikh riots in several parts of India, which resulted in extensive violence, fatalities, and destruction of property. The Bombay Riots, which were started by the razing of the Babri Masjid in 1992, entailed communal conflicts, with mobs resorting to violence against individuals based on their religion, marking a troubling chapter in India’s history. These incidents illustrate instances of collective violence strongly rooted in social dynamics and history, even though they may not meet the current definition of mob lynching.

According to information gathered by the Ministry of Home Affairs, there were 40 incidents of mob lynching in nine states between 2014 and 3 March, 2018, resulting in the deaths of 45 individuals.

According to an India Spend analysis, the number of incidences of mob lynching is increasing every year. In 2020, India witnessed 23 incidents of mob lynching as against 107 incidents in 2019 as per the reportage in the media. These 23 incidents claimed 22 lives. These incidents are often fuelled by rumours of cow slaughter, theft, or child kidnapping. However, the cases of mob-lynching largely remain under-reported because obtaining a complete picture of the same is difficult.

The religious and communal conflicts are major contributing factors for mob lynching in India. The issue is made worse by vigilantism, which is when people enforce the law on their own, as demonstrated by organizations such as cow vigilantes. Social media plays a big part in inciting mob violence by disseminating rumours and fake news that are frequently founded on erroneous allegations. These incidents continue because there is insufficient law enforcement to intervene or provide victims with justice. The offenders’ sense of impunity is bolstered by a lack of public outrage, political elite silence, and a misguided obsession with extrajudicial brutality. The intersection of social, political, and cultural factors is responsible for the alarming rise in mob lynching cases in India, drawing attention to this troubling trend.

Earlier, India did not have a specific law which dealt with mob lynching, but certain provisions in the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC) were used to deal with the offence. Subsection (a) of Section 223 of the CrPC was used to jointly charge people participating in the same offense committed during a single transaction. Section 153A and 153B were applied to charge individuals for hate speech and offenses that incite animosity between groups which caused mob lynching. Sections 120B, 147, 148, and 143/149 dealing criminal conspiracy, rioting, rioting with lethal weapons, and unlawful assembly, respectively were used in cases where such incidents escalate to lynching. The punishment for lynching was provided under Sections 302, 304, and 307 of the IPC according to the consequences.

Laws prohibiting mob lynching have been passed in states including Rajasthan, Jharkhand, West Bengal, and Manipur. But they were still waiting on the President’s approval. In 2019, the Ministry of Home Affairs (MHA) notified Parliament that there was “no separate” definition for lynching incidents under the IPC, but that lynching episodes might be dealt with under Sections 300 and 302 of the IPC, which deal with murder. The Union government maintained that lynching is not classified as a crime under the Indian Penal Code (IPC), so laws against mob lynching had not been put into effect.

In Tehseen Poonawalla vs Union of India[2], the Supreme Court condemned the occurrences of lynching and mob violence against Dalits and minority community members as “horrendous acts of mobocracy” and directed Parliament to pass legislation making lynching a separate offence punishable by death.

A few directives were issued to reduce mob violence by the SC in the judgement:

• Preventive Measures: Instructions for the appointment and work were provided. Nodal officers should be appointed by the state government. Both the national and state governments should make every effort to stop the dissemination of misleading information and educate the public about the dangers of engaging in such behaviour. In addition, it was mandated that mobs be dispersed in accordance with Section 129 of the Criminal Procedure Code and that police file a FIR under Section 153A of the IPC.
• Punitive Measures: A departmental investigation shall be launched against officials who fail to do their duties with diligence or who exhibit misconduct in the same capacity, and the investigation should be completed within six months.
• Remedial Actions: In order to make the process less time-consuming and more realistic, free legal aid should be given to the victim or the families impacted, FIRs should be submitted right away, and the procedures should take place in fast-track courts.
• The court should decide whether some provisions of cow protection acts are constitutionally valid.

The Bharatiya Nyaya Sanhita, 2023, has introduced mob lynching as an offence under Section 103(2). It states that “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.”

While enacting a particular legal provision for mob lynching is a positive step toward tackling the issue, there are substantial shortcomings in its effectiveness. The inability to integrate the Supreme Court’s directives in the Tehseen Poonawalla case raises concerns, as the Act lacks means for effectively regulating responses and preventing such crimes. The exclusion of specific reference of religious grounds, particularly in cases of cow vigilantism, where a considerable percentage of mob lynching incidents are rooted, is a notable omission. Despite the Act’s ambiguous inclusion of “any other grounds”, it is unclear to what degree this interpretation applies. Furthermore, it can be difficult to determine the actual culprits and gauge the extent of their involvement.

In conclusion, curbing mob lynching requires a multi-faceted approach. The new law is a promising step but there are still challenges to overcome. The crucial step forward would be effective implementation and education regarding the laws amongst the legal fraternity, police and public. Additionally, steps should be taken to prevent the crime, promote communal harmony and hold people inciting the crime specifically liable. A comprehensive approach which deals collectively with legal shortcomings, social divisions and misinformation is the only way India can solve the problem of mob lynching.

Author: Naira Sunil, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] India: The new Lynchdom, (Aug. 6, 2018), https://cjp.org.in/india-the-new-lynchdom/.

[2] Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.