The Bharatiya Nyaya Sanhita, 2023, proposes to make mob lynching punishable by death penalty, potentially replacing the Indian Penal Code (IPC) if approved by the parliament.
Amit Shah, the Union Home Minister, announced in the Lok Sabha that the new Bill aims to penalize individuals involved in instances of mob lynching.
Although not explicitly defined as a separate offense, mob lynching falls under the same category as murder, governed by Section 101.
The punishment for mob lynching is detailed in Section 101(b), which stipulates that if a group of five or more individuals collaboratively commits murder on the basis of factors like race, caste, community, sex, birthplace, language, personal beliefs, or other grounds, each member of the group could face the death penalty, life imprisonment, or a prison term of at least seven years, along with a fine.
In simpler terms, if a murder is carried out by a group of five or more people based on factors like race, caste, or personal belief, each individual within that group would be liable for the death penalty, life imprisonment, or a prison term of seven years or more.
Even though the Bill does not directly mention “mob lynching,” Amit Shah emphasized that the issue has been thoroughly reviewed and is now subject to punishment under the new law.
Amit Shah commented, “There has been a lot of outcry about mob lynching. We have carefully addressed it… The law provides for 7 years imprisonment, life imprisonment, and the death penalty for mob lynching.”
Back in 2018, the Supreme Court criticized the increase in mob violence and lynching incidents in India, advocating for a distinct law to handle this problem.
The trio of judges, including then Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, issued a comprehensive set of directives to tackle the issue of mob lynching.
The Court emphasized, “Lynching and mob violence are emerging threats that could gradually become a significant problem due to recurring incidents fueled by intolerance, misinformation, bystander apathy, and law enforcement inaction.”
Recently, a public interest litigation was filed before the Supreme Court, highlighting concerns about the rise in mob violence against minorities.
On July 28, the apex court requested responses from the Central government and police in six states regarding this matter.
Name:- Ritesh palaur, University:- sambalpur University, Semester:- 2nd intern under legal vidhiya
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