This Article is written by Vandna Singh, a Second-Year Law Student of Kazi Nazrul University

Abstract

In recent years, India has witnessed a significant rise in mob lynching, a crime that involves inflicting physical harm on an individual by a group, often carried out publicly. Although India is renowned for its secular and tolerant ideologies, this alarming increase in mob lynching challenges that image. Before the introduction of the Bharatiya Nyaya Sanhita, there was no specific legal recourse for victims of such crimes, as mob lynching was not directly addressed within the provisions of the Indian Penal Code. With the implementation of this law on July 1st, 2024, through the BNS, the aim is to provide relief to the victims of this crime. However, numerous critics argue that the new provisions still fall short. This article seeks to explore the complexities surrounding mob lynching, the underlying reasons for its occurrence, the remedies offered by the BNS, and its limitations.

Keywords

Mob lynching, communal tensions, caste-based discrimination, Hate Crimes, Religious Identity and Cow Vigilantism.

Introduction

Mob lynching refers to a crime where an individual is harmed by a large group, often in public settings. While the Indian Penal Code included provisions for crimes like murder and assault with corresponding punishments, it lacked a specific provision addressing mob lynching. This crime has been a persistent issue in India since before independence, yet it has only recently seen a significant rise.

Mob lynching often stems from communal tensions, and caste-based discrimination, and is frequently fueled by factors such as misinformation and lack of education. Although various provisions of the law dealt with the consequences of such acts, a dedicated provision was necessary to address the issue comprehensively. This gap was addressed by the Bharatiya Nyaya Sanhita, which introduced Sections 103[1] and 117[2] To tackle mob lynching explicitly.

With the surge in mob lynching cases, the crime not only instills fear but also spreads harmful ideologies that promote discrimination. The absence of a clear legal framework in the Indian Penal Code may have been one of the key reasons why this issue continued unaddressed for so long. When crimes like these are not explicitly addressed within the laws meant to govern society, it often leads to their escalation, as is currently the case in India. The inclusion of mob lynching provisions in the Bharatiya Nyaya Sanhita aims to rectify this gap and curb the rise of such incidents.

Root Causes of Mob Lynching

The recent case of Aryan Mishra, a 19-year-old boy in Grade 12, sent shockwaves across the nation. Aryan became a victim of lynching by a group of boys allegedly linked to cow vigilantism. They mistakenly assumed that Aryan was Muslim, only to later regret their actions when it was discovered he was a Brahmin. Aryan's father, Siyanand Mishra, openly condemned the attack carried out in the name of "gau raksha," questioning why it would have been acceptable to attack his son even if he had been a Muslim.[3]

A similar incident that went viral involved an elderly Muslim man being physically and verbally abused by a group of men on a train in Maharashtra, driven by suspicion that he was carrying beef. Cases like this are alarmingly common in India, where victims are often targeted and even killed based solely on the suspicion of being Muslim. This violence frequently stems from a lack of education and the spread of harmful ideologies.[4]

The Salem witch trials continue to shock many when they learn about their reality and frequency. Ironically, similar practices persist in India today. A recent case in West Bengal highlighted this disturbing trend, where two women were brutally beaten to death on suspicion of being witches, and labeled as "demons" by the community. The women were stripped naked and assaulted by villagers, with their bodies subsequently dumped in irrigation canals. While it may sound absurd to some, such incidents represent one of the most prevalent and tragic causes of mob lynching in the country.[5]

The case of Madhu, a tribal man from Kerala in 2018, evoked similar outrage when the nation learned about the brutality he endured, all due to suspicions of stealing rice. While many caste-based lynchings occur in India, only a few, like Madhu’s, receive widespread attention. These examples underscore some common causes of mob lynchings, highlighting a pressing issue: our collective failure to develop as a nation when such cases continue to persist.[6]

Mob lynching provisions in Bharatiya Nyaya Sanhita- Is it enough?

The examples are a testament to why we require proper laws and provisions surrounding mob lynching. Bharatiya Nyaya Sanhita replaced the Indian Penal Code on July 1st, 2024. A few of the main highlights included the addition of mob lynching. Following are the provisions about mob lynching mentioned in BNS:

1. Clause 103(2) of the Bharatiya Nyaya Sanhita outlines the punishment for mob lynching. It says that “if a group of five or more people works together to commit murder based on factors like race, caste, religion, gender, birthplace, language, personal beliefs, or any other reason, each person in that group can face severe penalties. They may be sentenced to death, life imprisonment, or at least seven years in prison, along with a possible fine.”[7]

2. Sub-clause 4 of Clause 117 (voluntarily causing grievous hurt) states that “if a group of five or more people intentionally causes serious harm to someone based on factors like race, caste, gender, birthplace, language, personal beliefs, or any other reason, each person in that group will be considered guilty of causing grievous hurt. They can face imprisonment for up to seven years and may also have to pay a fine.”[8]

The provisions mentioned above are new additions to the Bharatiya Nyaya Sanhita designed to effectively address cases of mob lynching.

While the addition of new provisions is certainly promising, many critics have pointed out a significant drawback: the absence of the word "religion." Since rising communal violence related to religion is a leading cause of mob lynching, this omission is critical. It suggests that acts of mob lynching motivated by religious factors are not explicitly recognized within the Bharatiya Nyaya Sanhita. This is especially relevant when considering other sections of the law that address hate crimes, including those aimed at inciting violence and fostering enmity among social and cultural groups.[9]

Critics argue that by comparing these hate crime provisions with the mob lynching laws, it becomes clear that while the law attempts to combat hate-driven violence and discrimination, it may fail to account for the specific religious motivations behind mob lynching. This gap could obstruct comprehensive legal responses to such incidents and limit the protection offered to victims targeted because of their religious identity.[10]

Conclusion

The rise of mob lynching in India underscores a critical issue that demands urgent attention and comprehensive legal action. The recent introduction of provisions addressing mob lynching in the Bharatiya Nyaya Sanhita represents a significant step towards acknowledging and penalizing this heinous crime. The recent cases of Aryan Mishra, the elderly Muslim man in Maharashtra, the brutal assault of two women in West Bengal, and the tragic fate of Madhu, a tribal man, all highlight the pressing need for laws that can adequately address the complexities of mob lynching.

These incidents reflect a deeper societal malaise rooted in misinformation, lack of education, and deeply ingrained prejudices. Therefore, while the provisions in the Bharatiya Nyaya Sanhita mark a positive development, they must be bolstered by explicit recognition of religious motivations in mob lynching cases to ensure that victims receive the legal protection they deserve.

However, the absence of the term "religion" within these provisions raises concerns, particularly given the prevalent communal violence that often drives such acts. While the law aims to combat hate-driven violence and discrimination, the failure to explicitly recognize religious motivations limits its effectiveness and the protection afforded to victims targeted for their faith. To genuinely address the complexities surrounding mob lynching, lawmakers need to bridge this gap and ensure that all forms of discrimination, including those based on religion, are adequately addressed in legal frameworks. Only through comprehensive and inclusive legislation can India hope to eradicate the scourge of mob lynching and foster a society built on justice, tolerance, and respect for all individuals, regardless of their background.

References

1. Bharatiya Nyaya Sanhita, 2023, Clause 103, 2023 (India)

2. Bharatiya Nyaya Sanhita, 2023, Clause 117, 2023 (India)

3. Sagrika Kissu, Faridabad gau rakshak now ‘regrets’ killing a Brahmin. ‘Sad we killed our brother’, The Print (Sep. 03, 2024, 10:34 PM), https://theprint.in/ground-reports/faridabad-gau-rakshak-killer-now-regrets-killing-a-brahmin-says-victims-father/2251579/.

4. Online Desk, Elderly Muslim man beaten up on train over suspicion of carrying beef in Maharashtra, THE NEW INDIAN EXPRESS (Sep. 01, 2024, 10:19 AM), https://www.newindianexpress.com/nation/2024/Sep/01/elderly-muslim-man-beaten-up-on-train-over-suspicion-of-carrying-beef-in-maharashtra.

5. Joydeep Sarkar, West Bengal: Tribal Women Assaulted, Stripped, Tied Up and Beaten to Death on Witchcraft Suspicion, THE WIRE (Sep. 15, 2024), https://thewire.in/society/west-bengal-tribal-women-assaulted-stripped-tied-up-and-beaten-to-death-on-witchcraft-suspicion.

6. The Quint, 2018 Kerala Tribal Man Murder: 14 of 16 Accused Found Guilty of Lynching Madhu, THE QUINT (April. 01, 2024, 3:09 PM), https://www.thequint.com/south-india/madhu-kerala-man-mob-lynching-tribal-man-convicted-murder-sc-st-atrocities.

7. Drishti Judiciary, Mob Lynching under Bharatiya Nyaya Sanhita, 2023, DRISHTI JUDICIARY (July. 12, 2024), https://www.drishtijudiciary.com/to-the-point/bharatiya-nyaya-sanhita-&-indian-penal-code/mob-lynching-under-bharatiya-nyaya-sanhita-2023.

[1] Bharatiya Nyaya Sanhita, 2023, Clause 103, 2023 (India)

[2] Bharatiya Nyaya Sanhita, 2023, Clause 117, 2023 (India)

[3] Sagrika Kissu, Faridabad gau rakshak now ‘regrets’ killing a Brahmin. ‘Sad we killed our brother’, The Print (Sep. 03, 2024, 10:34 PM), https://theprint.in/ground-reports/faridabad-gau-rakshak-killer-now-regrets-killing-a-brahmin-says-victims-father/2251579/.

[4] Online Desk, Elderly Muslim man beaten up on train over suspicion of carrying beef in Maharashtra, THE NEW INDIAN EXPRESS (Sep. 01, 2024, 10:19 AM), https://www.newindianexpress.com/nation/2024/Sep/01/elderly-muslim-man-beaten-up-on-train-over-suspicion-of-carrying-beef-in-maharashtra.

[5] Joydeep Sarkar, West Bengal: Tribal Women Assaulted, Stripped, Tied Up and Beaten to Death on Witchcraft Suspicion, THE WIRE (Sep. 15, 2024), https://thewire.in/society/west-bengal-tribal-women-assaulted-stripped-tied-up-and-beaten-to-death-on-witchcraft-suspicion.

[6] The Quint, 2018 Kerala Tribal Man Murder: 14 of 16 Accused Found Guilty of Lynching Madhu, THE QUINT (April. 01, 2024, 3:09 PM), https://www.thequint.com/south-india/madhu-kerala-man-mob-lynching-tribal-man-convicted-murder-sc-st-atrocities.

[7] Bharatiya Nyaya Sanhita, 2023, Clause 103, 2023 (India)

[8] Bharatiya Nyaya Sanhita, 2023, Clause 117, 2023 (India)

[9] Drishti Judiciary, Mob Lynching under Bharatiya Nyaya Sanhita, 2023, DRISHTI JUDICIARY (July. 12, 2024), https://www.drishtijudiciary.com/to-the-point/bharatiya-nyaya-sanhita-&-indian-penal-code/mob-lynching-under-bharatiya-nyaya-sanhita-2023.

[10] Ibid