The Statutory ‘POENA’ Of Mob-Lynching In India

S. Suraj, B.A., LL.B., LL.M., UGC NET, P.G.D.I.P.R., Advocate at Courts of Rajasthan

“It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that's pretty important.”

~ Martin Luther King, Jr.

THE PROEM

Killing a Human has always been regarded as an offence of heinous nature, all the consequences of ending a life cannot be foreseen in any case. Such killings can be done by one person or an association of persons having a common purview towards the victim. When a group of persons are involved in a killing then there is an element of common mindset that is an intention to lynch. It is very difficult to ascertain the numbers and the exact identities of people indulged in a violent mob. It is said that a mob does not have any specific identity in terms of religion, race or caste, it is just a group of people committing an act contrary to the law but may have a common motive to lynch on ground of race, caste or community, prevailing superstitions, place of birth, personal belief or any other similar ground.

No person, whether individually or as part of a group that may quickly turn into a violent mob, has the right to take the law into their own hands and mete out punishment (‘poena’ in Latin) to someone they deem guilty. The established legal principles in no way embolden an anarchial society which disobeys the authority of law. An act, though may be contrary to the beliefs of a community or even if such act is an offence, should not be judged by any community claiming to be protectors of the law. There is law, there are courts and there is a procedure. It is a fundamental principle of criminal procedure that an accused should be charged under the law and dealt with according to the due process, without any hindrance, to ensure that justice is served properly.