Mob Lynching as a Distinct Offence under the Bharatiya Nyaya Sanhita, 2023: A Critical Appraisal

Abstract

Mob lynching has emerged as a serious form of collective violence in contemporary India, threatening the rule of law, constitutional values, and human rights. Such incidents are often driven by religious intolerance, caste prejudice, vigilantism, misinformation, and social polarization. Vulnerable groups, including religious minorities, Dalits, marginalized communities, migrants, and individuals accused of crimes such as cow slaughter or child kidnapping, are frequently affected by mob lynching.

Before the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), India had no specific legal provision addressing mob lynching as a distinct offence. Consequently, such acts were prosecuted under general provisions relating to murder, rioting, unlawful assembly, and criminal conspiracy under the Indian Penal Code, 1860. Recognizing the growing incidence of mob violence, the BNS introduced Section 103(2), which specifically criminalizes murders committed by a group of five or more persons on certain discriminatory grounds and prescribes stringent punishment.

This article critically examines the causes, socio-legal implications, and legal framework governing mob lynching in India. It analyses the judicial response, particularly the preventive guidelines issued by the Supreme Court, and evaluates the effectiveness of Section 103(2) BNS. The study argues that while legal recognition of mob lynching is a significant reform, effective enforcement and broader social measures remain essential for protecting human dignity and justice.