“MOB-LYNCHING” TO BE A CRIMINAL OFFENCE UNDER NEW CRIMINAL LAW

The new criminal law which is replacing the 163-year-old Indian Penal Code (IPC), Bharatiya Nyaya Sanhita, 2023 (BNS), has received Presidential assent, however, the enforcement date is still awaited. The new law introduces “mob lynching” as a separate offence under Section 103(2) of the BNS, 2023. Section 103 classifies “mob lynching” as a serious category of culpable homicide. Further, the new law makes the offence of “mob lynching” punishable with a minimum of 7 years but a maximum of up to the death penalty. However, it is to be noted that Section 103(2) does not specifically use the term “mob lynching”.

Section 103(2) states as follows: –

“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 ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall be liable to fine.”

Popular cases of mob lynching in India: –

Palghar mob lynching case: Two sadhus and a driver were killed by an angry mob in the Palghar district of Maharashtra. The incident was triggered by a WhatsApp rumour.
Dadri lynching case: This case involved the brutal death of Mohmmad Aklaq in the Dadri district of Uttar Pradesh in 2015. He was accused of slaughtering a cow for consumption.

References:

Bare Act, Section 103 of the Bharatiya Nyaya Sanhita, 2023, Murder. Link: https://www.myjudix.com/post/section-103-of-the-bharatiya-nyaya-sanhita-bns-murder-punishment-bns-section-103-bns-murder-bns

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