As Union Minister Amit Shah has been said that the Indian Penal Code will get replaced by the Bhartiya Nyaya Sanhita 2023. Under this new bill, the individuals committing Mob lynching crimes will now be under the bars.
Though in the new bill there has not been a separate provision for Mob Lynching offence and it has been enshrined in the same provision of murder under Section 101.
The provision for the mob lynching has been inculcated in the Section 101 (b). This state that, “When a murder is committed by a group of five or more persons and the murder is done on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each individual in that group will face the death penalty or life imprisonment or imprisonment for the term of seven years or more”.
It was said that while punishing the criminals for murder mob lynching has been included in the provision of murder as well. Under 302 of IPC whoever commits the murder shall be punished with death or imprisonment for life and liable for fine too.
However, in the Bhartiya Nyaya Sanhita of the Section 101 (b) provides for the seven years or more of imprisonment and it has been made beside the death penalty and imprisonment for life.
In the bill the term mob lynching has been not been on regular basis. The three-judge Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud had issued a direction to tackle the problems regarding the mob lynching. Due to the rise in the cases of mob lynching PIL have been filed before the Supreme court. The apex court had, on July 28, sought the response of the Central government and the police in six states.
Written by- Vedangi Kannav, College name – Vivekanand College Of Law, Semester- V, An Intern under Legal Vidhiya
https://www.barandbench.com/news/new-penal-law-introduces-punishment-for-mob-lynching
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