Criminalisation Of Mob Lynching Under Bharatiya Nyaya Sanhita, 2023: A Critical Analytical Study Of Legal Framework, Constitutional Dimensions And Implementation Challenges
- IJLLR Journal
- 5 days ago
- 1 min read
Dr. Dhananjay Madheshia, Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur / Buddha Law College
Mr. Diwakar Prasad Dwivedi, Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur / Buddha Law College
ABSTRACT
Mob lynching has emerged as one of the gravest threats to the rule of law and constitutional democracy in India. Such incidents, often driven by caste, religion, language, personal belief, or misinformation spread through digital platforms, undermine the criminal justice system by replacing lawful adjudication with collective violence. Under the erstwhile Indian Penal Code, 1860, mob lynching was prosecuted through general provisions relating to murder, rioting, unlawful assembly, and criminal conspiracy, without recognizing its unique nature as a hate-driven collective offence. The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant legislative shift by expressly criminalising mob lynching through Section 103(2) and addressing grievous hurt caused by mobs under Section 117(4). This paper critically examines the legal framework introduced by the BNS, analyses its constitutional implications under Articles 14, 19 and 21 of the Constitution of India, evaluates judicial developments, particularly the directions issued by the Supreme Court in Tehseen S. Poonawalla v. Union of India, and identifies practical challenges relating to investigation, prosecution and implementation. The study concludes that while the BNS fills an important legislative gap, effective enforcement, police accountability, witness protection and preventive mechanisms remain indispensable for achieving the constitutional promise of justice.
Keywords: Mob Lynching, Bharatiya Nyaya Sanhita, Constitutional Rights, Hate Crime, Criminal Justice.
