Dr. Ramesh Kumar Singh
Law
September 2025
A serious social and legal issue in India is mob lynching, which is typically caused by communal tensions, false information, and group-based biases. In the past, the Indian Penal Code (IPC) didn't clearly say that mob lynching was a separate crime. This led to varied judicial responses and poor conviction rates. The Bharatiya Nyaya Sanhita (BNS), 2023, makes mob lynching a crime whether it is based on discrimination based on caste, religion, sex, language, or place of birth. The most important part of this law is Section 103(2). This study looks closely at how the law has changed, the legal framework, and the problems in enforcing the law against mob lynching in India. The article looks at how well BNS has filled in holes in prior laws by comparing it to legal systems in other countries, like the US and South Africa. It also points out important problems, such as the trouble of identifying groups, the burden of proof, and political intervention in prosecution. The report ends by suggesting broad changes to the legislation, such as a separate law against lynching, more responsibility for police, better forensic infrastructure, and regular judicial review to make sure that justice is both easy to get and a deterrent.
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