Mob Lynching under bNS Act 2023
In this article we will learn what are the provisions for mob lynching under BNS Act 2023/
Experts have in the past said that in the backdrop of moblynching cases, there must be a defined provision in the IPC to deal with such crimes.
The Bharatiya Nyaya Sanhita (BNS) 2023 passed by the Lok Sabha and the same has come into force from 01.07.2024 to replace the colonial-era Indian Penal Code (IPC) has incorporated a specific provision for moblynching and stipulated punishment ranging from seven years in jail to the death penalty for those convicted of the crime.
Section 103(2) of BNS is a new provision which provides criminal liability and punishment for killing in a mob.
Section 103(2) of BNS provides that when a group of five or more persons 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 group shall be punished with death or with imprisonment for life and shall also be liable to fine.
Supreme Court has also laid down guidelines in Tehseen S Poonawala case on Mob Lynching.
Provisions for Mob Lynching Under BNS Act 2023
Section 103(2) of Bharatiya Nyaya Sanhita Act 2023
(2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of
such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.
NOTES ► In Penal Code 1860, prior to repeal, “mob lynching” was not recognised as an offence.