MOB LYNCHING IN INDIA:  LEGAL FRAMEWORK,  JUDICIAL RESPONSE AND THE NEED FOR REFORM

AUTHOR – LALHRUAIZELI HRAHSEL, STUDENT AT AMITY UNIVERSITY,NOIDA, UTTAR PRADESH

BEST CITATION – LALHRUAIZELI HRAHSEL, MOB LYNCHING IN INDIA:  LEGAL FRAMEWORK,  JUDICIAL RESPONSE AND THE NEED FOR REFORM-INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 28-32, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Mob Lynching defined as the act of groups inflicting violence or punishment upon a person outside the authority of law has emerged as a serious challenge to the administrative machinery of India. Prior to the enactment of the Bharatiya Nyaya Sanhita, 2023 such acts were prosecuted under several provisions of the Indian Penal Code. However, it did not contain a distinct provision specifically addressing mob lynching. This absence of a specific provision revealed a clear legal gap in addressing collective acts of mob violence. The Bharatiya Nyaya Sanhita, 2023 introduces Section 103(2), which prescribes punishment of death or life imprisonment where murder is committed by a group of five or more persons acting in concert. The Supreme Court in Tehseen S. Poonawalla v. Union of India issued preventive, remedial and punitive guidelines to curb incidents of mob violence and lynching. Despite these legal developments incidents of mob violence continue to occur, raising questions about effectiveness of the current legal framework. This paper examines the historical background of mob lynching in India analyzes the existing statutory framework and judicial responses and evaluates the continuing legal and institutional gaps. It further explores the constitutional implications of mob lynching and argues for the need for a comprehensive anti-lynching law to effectively prevent and address such crimes.

Keywords: Mob Lynching, Bharatiya Nyaya Sanhita, 2023, Criminal Liability, Vigilantism, Criminal Liability.