Mob Lynching

A special addition in BNS is the introduction of an aggravated category of culpable homicide pertaining to lynching. This provision is necessary to specifically address the incidents of mob-lynching and allied issues such as common intention, attribution of group responsibility, etc.

2. The Supreme Court ruling in the case of Tehseen Poonawala vs. Union of India, where the Supreme Court recognised the problem of mob-lynching and gave detailed directions as to how the same must be procedurally addressed. The Court introduced certain preventive, remedial and punitive measures, including guidelines for effective investigation and trial, as well as special provisions regarding monetary compensation to victims of mob lynching. The Supreme Court also recommended that the Parliament should create a separate offence for lynching and provide adequate punishment for the same.
3. It may be mentioned that some State Legislatures have enacted laws or introduced Bills to penalise the offence of mob-lynching. These include, among others, Rajasthan Protection from Lynching Bill, 2019. Manipur has also given statutory recognition to the issue of mob-lynching and created a special
   legislation. A Bill to similar effect was also introduced in the Parliament in 2017.
4. Clauses 103(2) and 117(4) of the BNS introduces new provisions against crimes in this category of ‘mob lynching’. Without specifically using the term ‘mob lynching’, special categories have been created within the offence of murder and grievous hurt by ‘a group of five or more persons’ motivated by the social profile of the victim, specifically their ‘race, caste or community, sex, place of birth, language, personal belief and any other ground’.
5. This special category of murder has been introduced within ‘Punishment for murder’ (Cl. 103). Murder is punishable with death or life imprisonment, and so is Cl. 103(2).
   Grievous hurt resulting in permanent disability or permanent vegetative state
6. Cl. 117(3) proposes to replace s. 322, IPC and introduces permanent disability or permanent vegetative state within the definition of grievous hurt. Additionally, the clause carries an enhanced sentence if the grievous hurt results in permanent disability or permanent vegetative state, and
   151 Mob Lynching prescribes a minimum punishment of 10 years which may extend to imprisonment for life. Similarly, s. 326A, IPC that deals with ‘voluntarily causing grievous hurt by use of acid etc.’ is replaced by Cl. 124(1) and also incorporates ‘permanent vegetative
   state’ as an impact of the offence.