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Stringent punishment for mob lynching in new bill
In July, the Supreme Court issued directions to the Union and state governments regarding measures that need to be taken up to prevent mob lynching
New Delhi: Those involved in mob lynching may be awarded imprisonment for a minimum of seven years or maximum punishment of death penalty, according to provisions of a new proposed law introduced in the Lok Sabha on Friday.
Introducing the Bharatiya Nyaya Sanhita (BNS) Bill, 2023 that seeks to replace the colonial-era Indian Penal Code (IPC), Union home minister Amit Shah said: “There has been a lot of talk about mob lynching. We have carefully ensured that the punishment for mob lynching is seven years, imprisonment for life, or even death. All three provisions are there in cases of mob lynching.”
Since IPC does not provide a separate provision for murder by a mob, the accused in such cases are tried and punished under section 302 (murder) of the law. Also, there is no government data on mob lynchings.
According to clause 101(2) of the BNS bill, “when a group of five or more person acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member of such a group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine”.
Clause 101(1) deals with punishment for murder, which is death or imprisonment for life, and shall also be liable to fine.
In July, the Supreme Court issued directions to the Union and state governments regarding measures that need to be taken up to prevent mob lynching, according to Live Law. It directed states to file a status report before the home ministry and submit year-wise data in which complaints were made and first information reports (FIRs) registered.
Experts have often called for specific provisions in the law to deal with cases of mob lynching.
Vikram Singh, who served as director general of Uttar Pradesh Police between 2007 and 2009, said identifying mob lynching as a crime would help police and researchers in multiple ways.
“For analysis, you will now have a separate crime head and data. The government will be able to analyse the cases and take suitable action. I would have been happier if the minimum punishment was enhanced. Though the maximum punishment is death, seven years is too less for a heinous crime such as mob lynching,” he said.
