Assessing The Constitutional Validity Of Death Penalty For Mob Lynching Under Criminal Law

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Utkarsh Tiwari, Assistant Professor, City Academy Law College, Lucknow (Affiliated to University of Lucknow)

ABSTRACT

This research study critically evaluates the constitutional validity of the death sentence for mob lynching in the context of Indian criminal law. In the wake of the recent surge in cases of mob lynching, the legislative bodies of various states are attempting to enact legislation that would provide for more stringent punishment, including the death penalty. This research study evaluates the constitutional validity of such legislation, particularly in the context of the right to life and liberty under Article 21, the absence of arbitrariness under Article 14, and the prohibition of cruel and unusual punishment. By employing a doctrinal method of legal research, the relevant constitutional provisions, judicial precedents, and international perspectives are critically assessed. The principal finding is that while the state has a significant interest in preventing mob violence, the death penalty is constitutionally problematic. It is also found that a balanced, humane, and due process-based approach is required to effectively address the problem of mob lynching, and the indiscriminate imposition of the death penalty may be violative of the Constitution.

Keywords: Death punishment, Mob Lynching, Constitutional Validity, Criminal Law, Basic Rights.

403. ASSESSING THE CONSTITUTIONAL VALIDITY OF DEATH PENALTY FOR MOB LYNCHING UNDER CRIMINA

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