Open Access Research Article
MOB LYNCHING AND CRIMINAL LIABILITY IN INDIA: A CRITICAL STUDY
Abstract
ABSTRACT
Mob
lynching represents a grave challenge to the rule of law, constitutional
governance, and the legitimacy of the criminal justice system in India. It involves
collective violence in which a community takes the power to look into, decide,
and punish a person without following the proper legal process, frequently
based on suspicion, prejudice, caste, communal animosity, false information, or
identity-related factors. With a focus on the Bharatiya Nyaya Sanhita, 2023
(BNS), this paper critically investigates the subject of mob lynching and the
development of criminal responsibility in India. It outlines the shortcomings
of the previous Indian Penal Code, 1860, which did not acknowledge the unique
characteristics of mob lynching as a distinct offense and instead addressed
lynching thru provisions relating to murder, culpable homicide, unlawful
assembly, rioting, common intention, and common object. The study also looks at
the judicial and constitutional response, especially the historic ruling in
Tehseen S. Poonawalla v. Union of India, where the Supreme Court called mob
lynching an affront to constitutional democracy and recommended remedial,
punitive, and preventive measures. The BNS's Section 103(2), which clearly
acknowledges identity-based group murder committed by five or more people and
stipulates harsh penalties including life in jail or death, is also examined in
this essay. It assesses the importance of this clause as well as its drawbacks,
especially its limited application to fatal situations and its absence of
thorough procedures for official accountability, victim recompense, prevention,
and witness protection. The study argues that effective control of mob lynching
requires not merely stringent punishment but also preventive policing, speedy
investigation and trial, public legal awareness, community engagement, and
institutional accountability.
Keywords: Mob Lynching, Criminal Liability,
Rule of Law, Collective Violence, Due Process.
Published Paper
Author Details
Authors: VINAYAK DUTTA CHOUBEY
Registration ID: 1013056 | Published Paper ID: IJLRA13056
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1569-1586
Article Information
MOB LYNCHING AND CRIMINAL LIABILITY IN INDIA: A CRITICAL STUDY
Authors: VINAYAK DUTTA CHOUBEY
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 5
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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