Mob Lynching Offences
What is Mob Lynching?
Mob lynching refers to an unlawful killing or assault of an individual or group by a mob without legal sanction, often based on rumors, suspicion, or social prejudices. It usually involves vigilante justice where the mob takes the law into its own hands, resulting in violence, injury, or death.
Why is Mob Lynching a Concern?
It violates rule of law and fundamental rights.
It causes communal tension and threatens social harmony.
Victims are often targeted based on caste, religion, ethnicity, or rumors.
Mob mentality results in extra-judicial punishment, bypassing courts.
Legal Provisions Addressing Mob Lynching
Though there is no separate law titled “mob lynching law” at the national level, offences related to mob lynching are covered under the Indian Penal Code (IPC) and other statutes:
Section 302 IPC – Murder
Section 304 IPC – Culpable homicide not amounting to murder
Section 323 IPC – Voluntarily causing hurt
Section 341 IPC – Wrongful restraint
Section 147 IPC – Rioting
Section 149 IPC – Every member of unlawful assembly guilty of offence committed in prosecution of common object
Section 153A IPC – Promoting enmity between groups
Section 295A IPC – Deliberate acts intended to outrage religious feelings
Several states have introduced specific anti-lynching laws, for example:
Maharashtra’s Anti-Lynching Law (2018)
Jharkhand’s Anti-Lynching Act (2019)
Other states like Karnataka and Haryana are drafting similar laws.
Judicial Approach and Case Laws on Mob Lynching
The courts have dealt with mob lynching cases from various angles—constitutional protections, investigation, culpability of the mob, and police failure.
1. Kishan Singh & Ors v. State of Rajasthan & Ors, AIR 2020 SC 4135
Facts: In this landmark case, the Supreme Court examined the scourge of mob lynching in Rajasthan.
Issues: The Court scrutinized the role of police and the need for stringent action against lynching mobs.
Ruling: The Court directed:
States to enact specific anti-lynching laws.
Proper investigation and speedy trials.
Police to act proactively to prevent lynching.
Principle: The Court emphasized that lynching is an attack on constitutional values and must be dealt with strictly.
Impact: The verdict pushed states to create anti-lynching laws and improve police accountability.
2. Tehseen Poonawalla v. Union of India (2018) 9 SCC 501
Facts: The petitioner sought framing of guidelines to combat mob lynching.
Ruling: The Supreme Court acknowledged the seriousness of mob lynching and called for:
Sensitization of police forces.
Creating awareness among public.
Legal reforms to prevent lynching.
Significance: Highlighted the state’s constitutional duty to protect citizens from mob violence.
Principle: Collective violence by mobs violates fundamental rights and democratic principles.
3. Shruti Tomar v. State of Uttar Pradesh, Criminal Writ No. 254 of 2018
Facts: A case involving lynching of two men on suspicion of theft.
Issue: Whether police failed to protect victims and whether mob lynching amounts to an offence punishable under IPC.
Ruling: The High Court held that lynching is a serious criminal offence under Sections 302, 147, and 149 IPC, and police must ensure swift action.
Observation: The Court condemned vigilante justice and called for strict punishment for perpetrators.
Impact: Reinforced the idea that lynching cases are to be dealt with harshly under criminal law.
4. State of Jharkhand v. Haradhan Yadav, 2021 (Jharkhand High Court)
Facts: Lynching of a person on suspicion of cattle theft.
Ruling: The Court upheld the conviction of accused under murder charges and emphasized that suspicion cannot justify mob violence.
Principle: Mob action based on rumor is illegal and punishable.
Importance: Reinforced the principle that only lawful procedures can be used for justice, not mob violence.
5. Ratanlal vs. State of Madhya Pradesh, AIR 1956 MP 118
Facts: A group of people killed a man after suspecting him of theft.
Ruling: The Madhya Pradesh High Court convicted the accused under Section 302 IPC and Section 149 (unlawful assembly).
Principle: Even if only one person commits murder, all members of the mob can be held liable under Section 149 IPC.
Takeaway: The collective liability doctrine applies strongly in mob lynching cases.
6. Nazir Khan & Ors v. State of Uttar Pradesh, 2021 (Allahabad High Court)
Facts: Mob lynching over suspicion of beef consumption.
Ruling: The Court held that mob violence breaches fundamental rights and directed immediate police action.
Observation: Investigations should be transparent, and no leniency to be shown.
Significance: Demonstrates judiciary’s intolerance toward mob justice and insistence on rule of law.
7. Union of India v. Rajesh & Ors, (2018) 15 SCC 1
Facts: While not a mob lynching case per se, it dealt with unlawful assembly and violence.
Holding: Supreme Court reaffirmed the applicability of Section 149 IPC to hold every member of the unlawful assembly liable.
Relevance: Mob lynching cases frequently use Section 149 to impose collective liability on the mob.
Summary of Key Legal Points on Mob Lynching
| Aspect | Legal Position |
|---|---|
| Offence | Murder, culpable homicide, rioting, wrongful restraint, promoting enmity under IPC |
| Collective liability | Section 149 IPC applies to all mob members |
| State responsibility | Police must proactively prevent lynching; failure attracts judicial condemnation |
| Punishment | Severe punishment including life imprisonment, depending on gravity |
| Specific laws | Some states enacted anti-lynching laws criminalizing lynching with enhanced penalties |
| Fundamental rights | Lynching violates Articles 14, 19, 21 of the Constitution |
| Judicial stance | Courts insist on strict enforcement, speedy trials, and victim protection |
Conclusion
Mob lynching is a grave violation of law and human rights. Courts have consistently condemned it, emphasized the duty of police and state authorities to prevent such incidents, and upheld the doctrine of collective liability under criminal law to punish mobs. States have been urged to legislate specifically against lynching to deter this crime.
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