UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A. L.L.B (Hons.) Criminal law

SEMESTER III

ACADEMIC YEAR: 2018-2019

PAPER ON:

LYNCHING
Under the Supervision of: Mr. Ashish Jain

NAME: AAKANKSHA BHATIA

SAP NO: 50003292

ROLL NO.: 01
 INTRODUCTION
For the past 18 years, India has been witnessing an unusual increase in crime related to mob violence, in
the name of religion, kidnapping, slaughtering, etc. Though, the epidemic spread in the form of vigilant
against cow slaughter, later in spread to kidnapping and other sorts of crimes. According to unofficial
estimates around 120 people have killed through the country.

Lynching, a form of violence in which a mob, under the pretext of administering justice without trial,
executes a presumed offender, often after inflicting torture and corporal mutilation. The term lynch law
refers to a self-constituted court that imposes sentence on a person without due process of law. Both
terms are derived from the name of Charles Lynch (1736–96), a Virginia planter and justice of the
peace who, during the American Revolution, headed an irregular court formed to punish loyalists.

HISTORY
Each general public has had types of extrajudicial disciplines, including murder. The lawful and social
forerunners of American lynching were conveyed over the Atlantic by vagrants from the British Isles to
frontier North America. Aggregate savagery was a well-known part of the early present day Anglo-
American lawful scene. Gathering brutality in the British Atlantic was normally nonlethal in expectation
and result. In the seventeenth century, with regards to political unrest in England and agitated social and
political conditions in the American settlements, there emerged uprisings and mobs that took numerous
lives. In the United States, amid the decades prior to the Civil War (now and then called the Antebellum
period), free Blacks, Latinos in the South West, and wanderers were the objects of racial lynching.

Be that as it may, lynching assaults on U.S. blacks, particularly in the South, expanded drastically in the
fallout of Reconstruction, after subjection had been nullified and liberated men picked up the privilege to
cast a ballot. The pinnacle of lynching happened in 1892, after southern white Democrats had recovered
control of state governing bodies. Numerous occurrences were identified with monetary inconveniences
and rivalry. At the turn of the twentieth century, southern states passed new constitutions or enactment
which viably disappointed most blacks and numerous poor whites, built up isolation of open offices by
race, and isolated blacks from basic open life and offices through Jim Crow rules. Almost 3,500 African
Americans and 1,300 whites were lynched in the United States somewhere in the range of 1882 and 1968.

Lynching in the British Empire amid the nineteenth century matched with a time of savagery which
denied individuals cooperation in white-overwhelmed society based on race after the Emancipation Act of
1833
REASONS BEHIND LYNCHING
It can be anything like religion or racism. In 2017 most cases of mob lynching is related to cow terror
attack. This is the main reason for mob lynching recently. A recent report by Indiaspend, in the first six
months of 2017, 20 cow terror attacks has already happened. The attack included mob lynching, attacks
by vigilantes, murder, harassment, assault, rape etc. In some attacks the victim was chained, beaten and
stripped while in other the victim were hanged.

RISE OF COW VIGILANTE

Even since, Government imposed a ban on the sale and purchase of cattle for slaughter at animal markets
across India, under Prevention of Cruelty to Animals statutes (26th May 2017), it sparked a new wave of
cow vigilante in the country. Though the Supreme Court, suspended the ban on the sale of cattle in its
judgment in July 2017, giving relief to the multi-billion dollar beef and leather industries and several
states where beef is one among the primary foods there was a rise in attacks on Muslims accusing them as
beef eaters. Several innocent Muslims were killed in such mob attack. But human rights experts fee mob
lynching is not a right and the apt term description of such violence, they seek to highlight the
organisations or group of vicious individuals who are instigating such incidents. These incidents are
usually appearing to be sporadic in nature and often a spontaneous response from the Hindus who are
generally furious over the reports of cow smuggling and slaughter. But mostly it is not.

Silence of political class.

Rumors of child lifters

Rumors of child kidnappers proved to an ignition point for mob violence, where posts in social
networking sites were circulated Odisha, Tamilnadu, Gujarat, Karnataka, Telangana, Tripura and West
Bengal. This claimed several lives on domestic visitors, mentally deranged peoples and incited numerous
mob attacks. According to various reports, at least 20 persons have been killed and several injured in
incidents of mob violence sparked by rumours of child kidnapping in 10 states for the past three months.
Lack of proper policing

The incidents of mob violence, sparked by rumours about child lifters are totally connected lack of public
confidence in the police. Common man feels police lack the ability to track down the criminals and
recover the kidnapped children. According to home ministry figures, 54,723 child kidnapping cases
(2016), 41,893 cases (2015), 37,854 cases (2014).It was found that the police filed charges against the
kidnappers in only 40 per cent cases in 2016 and around 23 per cent of the cases decided in 2016.
Practically speaking around three out of four people put to trial for child kidnapping walked free. Besides,
state governments should be vigilante and try to prevent mob violence triggered by rumours. One way
could be to keep detect rumours circulating on social media in their respective areas well before the
public vents its anger and frustration at the innocent individuals.
INITIATIVES BY GOVERNMENT

Central government on its part has asked states to appoint a nodal officer in each district to
prevent the incidents of mob violence and lynching. In its advisory, the Home Ministry said, the
nodal officer should be of superintendent of police-level officer. It has also asked to set up a
special task force to procure intelligence reports about the people who are likely to commit such
crimes or who are involved in spreading hate speeches, provocative statements and fake news.
Home Ministry said, the process of identification should be done within a period of three weeks.
The Ministry said, wherever it is found that a police officer or an officer of the district
administration has failed to comply the directions to prevent such crime of mob violence and
lynching, it should be considered as an act of deliberate negligence and misconduct and strong
action must be taken against the official concerned. The advisory has been sent to the states and
Union territories following a Supreme Court directive issued in this regard on 17th of this
month. 
Home Ministry asked state governments to implement the directions of the Supreme Court in
letter and spirit. The Ministry said, police should register FIR against persons who disseminate
irresponsible and explosive messages and videos having content which is likely to incite mob
violence and lynching of any kind.

CREATION OF TWO HIGH LEVEL COMITTEES

Two state advisory groups have been established by the Central government to recommend ways
and lawful structure to viably manage occurrences of crowd viciousness and lynching. One of
the boards of trustees is being going by Union Home Minister Rajnath Singh and the other by
Union Home Secretary Rajiv Gauba. The move came seven days after the Supreme Court
requested that the Central government institute a law to manage occurrences of lynching and
make a move on crowd viciousness. The administration regards the ongoing bearings of the
Supreme Court on the issue of horde brutality and has issued a warning to State governments
encouraging them to take successful measures to counteract occurrences of crowd savagery and
lynching, and make stringent move according to the law. With the end goal to define proper
measures to address the circumstance, the administration has set up an abnormal state panel led
by Union Home Secretary Gauba to ponder upon the issue and make proposals. The Secretaries
of the equity, legitimate undertakings, authoritative, and social equity and strengthening offices
are individuals from the board of trustees. The board of trustees will present its proposals to the
legislature inside about a month. The administration has additionally chosen to comprise a Group
of Ministers (GoM) headed by Home Minister Singh to consider the proposals of the abnormal
state advisory group of the Secretaries. Outside Affairs Minister Sushma Swaraj, Road Transport
Minister Nitin Gadkari, Law Minister Ravi Shankar Prasad and Social Justice and Empowerment
Minister Thawar Chand Gehlot are individuals from the GoM. The GoM will present its
proposals to Prime Minister Narendra Modi.
SUPREME COURT’S OBSERVATION
The Supreme Court on Tuesday recommended that the Parliament may create a special law against
lynching, asserting that “fear of law and veneration for the command of law constitute the foundation of a
civilized society” the Bench comprising Former Chief Justice of India Dipak Misra, Justice A.M.
Khanwilkar and Justice D.Y. Chandrachud directed, “Apart from the directions we have given
hereinbefore and what we have expressed, we think it appropriate to recommend to the legislature, that is,
the Parliament, to create a separate offence for lynching and provide adequate punishment for the same.
We have said so as a special law in this field would instil a sense of fear for law amongst the people who
involve themselves in such kind of activities. On growing mob vigilantism the Court made some stern
observations on the growing mob vigilantism and asserted that such extrajudicial attempts under the guise
of protection of the law have to be nipped in the bud, “lest it would lead to rise of anarchy and
lawlessness which would plague and corrode the nation like an epidemic”. Lynching is an affront to the
rule of law and to the exalted values of the Constitution itself. We may say without any fear of
contradiction that lynching by unruly mobs and barbaric violence arising out of incitement and instigation
cannot be allowed to become the order of the day. Such vigilantism, be it for whatever purpose or borne
out of whatever cause, has the effect of undermining the legal and formal institutions of the State and
altering the constitutional order,” the Court observed.

Punishment for lynching

“Our country’s national crime is lynching. It is not the creature of an hour, the sudden outburst of
uncontrolled fury, or the unspeakable brutality of an insane mob”– Ida B. Wells

As mob lynching is increasing day by day and this leading to the killing of innocent people. Is the
punishment enough that is there or do we need some strict punishment to stop the lynching.

Punishment for mob Lynching is not specific. It all depends on the facts of the case. For example, If mob
commits murder then it will fall under 302 of the IPC. Murder in any form whether by a lone killer or a
seething mob will fall under section 302 of IPC.

Section 302 of Indian Penal Code: Section 302 of IPC defines punishment for murder. It states that
whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to
fine.

Section 304 of Indian Penal Code: Culpable Homicide not amounting to murder. Whoever commits
culpable homicide not amounting to murder shall be punished with imprisonment for life, or
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
Section 307 of Indian Penal Code: Attempt to Murder. Whoever does any act with such intention or
knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of
murder, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine and if hurt is caused to any person by such act, the offender shall be
liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. When any
person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused,
be punished with death.

Section 323 of IPC  Punishment for voluntarily causing hurt.—whoever voluntarily causes hurt, shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.

Section 325 of IPC Punishment for voluntarily causing grievous hurt. Whoever, except in the case
provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.

These punishment which is provided above will only be applicable for a group of people in mob
lynching. These punishments have to be read with the sections provided below.

Section 34 of IPC. This section defines common intention. When a criminal act is done by several
persons in furtherance of the common intention of all, each of such persons is liable for that act in the
same manner as if it were done by him alone.

If a mob committed murder, then this section will make all the person that was part of the mob will be
committed with the section of murder with this section.

Section 141 of IPC: This section deals with unlawful assembly. An assembly of five or more persons is
designated an “unlawful assembly”. If an assembly commits any wrong to anyone, they all will come
under this unlawful assembly and will be prosecuted with the punishment.

Section 149 of IPC: Every member of unlawful assembly guilty of offence committed in prosecution of
common object.—If an offence is committed by any member of an unlawful assembly in prosecution of
the common object of that assembly, or such as the members of that assembly knew to be likely to be
committed in prosecution of that object, every person who, at the time of the committing of that offence,
is a member of the same assembly, is guilty of that offence.

If there is a common objective of a mob for example a mob with common object of punishing the cow
traders will come under this section.[12]

Section 147 and 148 of IPC: In this section, rioting and its punishment is defined. Whoever is guilty of
rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely
to cause death, shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

Section 120B of IPC: criminal conspiracy If a group of people conspire to commit an offence punishable
with death or imprisonment will be liable under this section.