VOLUME 1

2021

SECTION (B) ARTICLE

MOB LYNCHING AS A NEW OFFENCE EMERGING IN INDIA: A STUDY WITH
A SPECIAL REFERENCE TO ASSAM
Section: B
Category: Article
Paper Code: RA-NC-19
Page Number: 346 - 355
Date of Publication: February 10, 2021
Citation: Nargis Choudhury, Mob Lynching as a New Offence Emerging in India: A Study
with a Special Reference to Assam, 1, AIJACLA, 346, 346-355, (2021).

DETAILS OF AUTHOR(S)

Nargis Choudhury
Former Faculty of Legal Studies,
School of Law and Juridical Sciences
Apex Professional University, Pasighat, Arunachal
Pradesh
Email id: menargischoudhury06@gmail.com
ABSTRACT
In the 21st century, India has become a country where various heinous offenses and incidents are increasing
rapidly, without any fear of punishment. During the past few years, the cases of Mob lynching have been increased.
In the name of religion, kidnapping, child-lifters, witch hunting for the past few years, the nation has been
witnessing an increase in offenses like lynching incidents related to unusual mob violence. Lynching, a form of
violence can be defined as informal mass executions in which a mob under administering justice without any trial,
execute a presumed offender and punish them. In recent years, there have been many such incidents in India,
especially in Assam, Jharkhand, Rajasthan, Uttar Pradesh, Mumbai, Madhya Pradesh, Bihar etc. Cases have
increased to an alarming extent where many people have lost their lives. Under Indian Law, there is no legal-
specific provision for lynching. It is the need of the hour to have a special law or separate category of offense under
the Indian Legal system to curb the incidents of lynching and mob violence.

KEYWORDS
Lynching, offenses, victims, violence, and Indian Legal Framework

lynching instances and similar kind of mob violence

INTRODUCTION
offenses can be found. The mob believes by taking

Mob lynching has been a new trend in India which is law into their own hands without following rules of
an immoral act full of barbarism. In every society the law while punishing a presumed offender. In recent
years, Assam has also witnessed several mob
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violence incidents and an increase in it. Mob means a executes a presumed offender, often after inflicting
large crowd of people or a group of people, torture and corporal mutilation.2 Lynch law can be
especially one that is disorderly and intent to cause referred to as a self-constituted court that punishes
violence i.e., an unrestrained crowd. Lynching is an presumed offenses usually killing them without due
extrajudicial punishment or killing a person by an process of law.
informal group without any legal trial. It is most
According to the English dictionary, lynching means
often used to punish a presumed offender or to
putting to death a person suspected of a crime, by
intimidate a crowd to characterize informal public
mob action especially by hanging, and without any
executions by a group of people.1
legal authority. In other words, lynching is an
Under the Indian Legal System, the term ‘Lynching’ unlawful murder without any legal trial by an angry
is not defined and to date, no punishments have been group of people.
provided regarding mob lynching. In the incidents of
It can be considered as an Americo - Latin word, the
lynching, the person already gets judged by the mob,
meaning of which means without any legal
the affected person does not have the option of
proceedings or any legal trial awarding the death
approaching the law, enforcing authorities, and
sentence to a person.3 That is, when an unrestrained
seeking their rights. Therefore, the victim’s basic
angry group of people kills a person or otherwise
rights are taken away. These offenses take place
kills him in some other way without any legal
when people get incited by hatred and anger having
process or authority because they believe that a
no fear and get ready to take law into their own
person has committed wrong or an offense, then it is
hands. This paper deals with the causes of increasing
being called Mob Lynching.
incidents of lynching and mob violence and study on
various cases identifying with lynching incidents in The National Campaign Against Mob Lynching-
Assam. NCAML’S draft ‘ Protection from Lynching Act,
2017 defines, for the first time in legal history, the
LYNCHING MEANING
term ‘lynching’, ‘mob’ and ‘victim’ of mob lynching.
Lynching, a form of violence in which a mob, under
BACKGROUND OF MOB LYNCHING
the pretext of administering justice without trial,

1
Dr.Mithilesh kumar choubey, mob lynching: a case study 2 Law on Mob Lynching, Advocates pedia, (Sep. 2020, 20,
jharkhand, RESEARCH GATE, (Sep. 2020, 11, 0:45 PM), 02:00 PM),
file:///c:/users/lenovo/appdata/local/temp/moblynchingacasestud https://advocatespedia.com/Law_on_Mob_Lynching.
3
yofjharkhand.pdf . Supra note 2.
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If we see from a historical perspective, in the mid- death and his brothers were abused and beaten by a
18th century in the United States the word ‘lynching’ mob between railway stations.7
was originated. It is believed by the Historians that
The Abhijit Nath and Nilotpal Das case which is a
the term lynching was first used to describe extra-
very fresh one in this regard in Assam, the duo who
judicial authority assumed by private individuals.4 In
were lynched to death in Karbi Anglong, Assam,
the late 19th century most commonly came to be
India. They were mistaken as child lifters and were
applied over time to extra-judicial killings by crowds.
lynched to death by certain local habitats even when
The case of Lynching in India was first reported in they pleaded their hearts out saying that they were
the Khairlanji massacre of 2006.5 The rising trend in innocent. Now here, the incident occurred, was
recent times- Dadri lynching case for slaughtering of covered as breaking news, hours passed by, then
cow, Jharkhand Lynching case for alleged child days, then months but none was brought under the
lifting, Junaid’s murder case in a train by an angry purview of punishment and no person was identified
mob and extend to Nilutpal-Abhijit lynching case on as an alleged transgressor. In April 2019, came up
suspicion of child-lifters in Assam. with another instance of mob lynching where an old
man fell victim to mob violence where he was
The Dadri mob lynching refers to the case of mob
harassed, humiliated, and beaten by the mobs.
lynching in which a mob of villagers attacked and
killed a man Akhlaq, 52 years old under the CAUSES OF INCREASING MOB LYNCHING
suspicion of slaughtering of a cow.6 On June 23, INCIDENTS
2017, one 15 years boy named Junaid was stabbed to
1. The main reason for increasing mob lynching
is the lack of fear and unawareness about the
consequences as there is no legal provision
for the offense of lynching. The people in the
4 group who commit the offense, think that
Harsh Mander, Lynching, the scourge of new India, THE
HINDU, (Oct. 2020, 01, 08:05 PM), they can get away with the offense.
https://www.thehindu.com/opinion/lead/lynching-the-scourge-
of-new-india/article29693818.ece.
5
Arnold HT Sangma, Mob lynching: An uprising offence
needed to be strenuous under the Indian legal system, (Oct.
2020, 03, 05:45 PM),
http://www.academicjournal.in/archives/2017/vol2/issue4/2-4- 7 Ashok Berwal, Junaid murder case: prime accused nabbed,
15. THEHINDU, (Oct. 2020, 03, 09:15 PM),
6
BBC News, Why India man was lynched over beef rumours, https://www.thehindu.com/news/national/junaid-murder-case-
BBC, (Oct. 2020, 03, 07:00 PM), prime-accused-nabbed/article19240701.ece.
https://www.bbc.com/news/world-asia-india-34409354.
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2. The ineffective investigation and negligence witch-hunting in Assam is one among them.
by police officials and the ineffective justice Many women are killed by villagers in
system are the reasons for this fearlessness in suspect them of practicing witchcraft.
the society that further fuels the process of
6. If we see from a historical perspective there
increase of the offense.
have also been caste-related killings, which
3. Indirect support from the government is have involved mob-killings in India.
another reason. Some incidents of mob However, most such cases are not reported.
lynching are because of cow vigilantism.
Following cases of Mob Lynching in Assam are
Several political leaders publicly supported
noteworthy in this regard:
the mob that killed a person over the
suspicion of eating beef or selling beef. In the 1. Jhankar Saikia mob lynching case: A
past few years in India these criminal mob has beaten 16-year-old Jhankar Saikia and
incidents are taking place frequently, but no his father Haren Saikia at Diphu town in Karbi
serious action is adopted to prevent such Anglong district on June 25, 2013. A person
offenses. named Haren Saikia professionally a Lawyer
and his son were assaulted after they refused to
4. The most common reason is technology. In
pay Rs 30 to an auto-rickshaw driver instead of
recent years, an increase in online rumors and
the regular fare of Rs 20 his son was
misinformation have resulted in numerous
mercilessly beaten by a group of auto-rickshaw
people falling victim to lynching by the mob
drivers and some others in the presence of local
in the society. The role of social media has
police personnel. His son was critically
played an increasing crime has thrown the
injured.8
spotlight multitude impact in the country. The
internet companies and the role of social 2. The brutal mob lynching of two
media users are still to come up with effective youths: A brutal lynching of two young boys
measures and policy to control the spread of Abhijit Nath and Nilutpal Dutta from
misinformation which include fake news and
unfortunate impact. 8
Hemanta Kumar Nath, Assam court awards life imprisonment
to 12 accused in 2013 Jhankar Saikia mob lynching case, IND
TOD, (Oct. 2020, 20, 03:00 PM),
5. The Lynching instances are caused by so
https://www.indiatoday.in/india/story/assam-court-awards-life-
many other reasons too. The rising cases of imprisonment-to-12-accused-in-2013-jhankar-saikia-mob-
lynching-case-1650982-2020-02-28.
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Guwahati, Assam took place in Karbi Anglong National Register of Citizen (NRC) certificate.
on 8 June 2018 that shook Assam.9 A mob They allegedly forced the old Muslim man to
attacked two youths under suspicion of child eat pork.
trafficking and beat them to death. The case
3. Vendor lynching case: In a very recent
has been spread by fake social media reports
case on 25th May, 2020, Assam witnessed a
circulated on WhatsApp about a group of
shocking incident of a mob lynching case in
child-lifters entering into Assam. The incident
Hajo, Kamrup district. The victim Sanatan
happened when they went to the Kangthilangso
Deka, a vegetable vendor while his bicycle
waterfall during their vacation. While returning
accidentally hit a car, he was brutally lynched
they were unable to identify the route to return
and beaten to death by a group of five people.10
home and while they asked for the route to
home their vehicle was attacked by a local THE INDIAN LAWS
group of people at Dokmoka, Karbi Anglong.
The local group of people from that village Constitutional Law
suspected them to be child-lifters, thrashed the
The Constitution of India is safeguarding the rights
boys out, hit them brutally to death.
of Indian citizens but the increased number of these

Mob thrashes an old man: In another instance serious incidents of lynching and mob violence are
in April 2019 in Biswanath Chariali Assam, an alarming us to the extent. These crimes show a lack
old man aged 68 years fell victim to mob of institutional mechanism, which is essential for the
violence for serving beef. The mob assaulted realization of the rights of the vulnerable section. As
and brutally beaten up the old man. In social there is no legal provision under Indian Law it is the
media, a video was viral where the victim need of the hour to put control over the violence and
Shaukat Ali was surrounded by a group of offense of mob lynching to have a separate category
angry people, asked the victim the reason for of offense, in form of mob lynching and mass
selling beef, and the victim was seen kneeling execution.
in mud. The angry mob also demanded the old
man to declare his nationality, asked for a

10
Sanatan Deka Case: Two Accused Arrested, PratidinTimes,
9
Mob Violence: Rise in lynching, justice delayed for victims, Pratidin Bureau, (Oct. 2020, 21, 03:00 PM),
PTimes, Pratidin Bureau, (Oct. 2020, 20, 07:25 PM), https://www.pratidintime.com/sanatan-deka-case-two-accused-
https://www.pratidintime.com/mob-violence-rise-in-lynching- arrested/.
justice-delayed-for-victims/.
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The word lynching under the Indian legal system is lynching is not enough as the hate element of it is not
not defined anywhere or any specific law available in addressed. So, an amendment in IPC could be passed
India to deal with such offenses. As there is no law the same as the one passed in the acid attack case
for lynching, it is difficult to give speedy justice to which provides minimum punishment for 5-year
the victims of mob lynching. Incidents of lynching imprisonment which can extend up to 7 years with a
are generally reported under criminal laws of IPC fine.
and Cr. P.C.
Criminal Procedure Code
Indian Penal Code
The Code of Criminal Procedure, 1973 under
The lynching incidents in India are generally Section 223(a) states that it is possible to charge
reported under Indian Penal Code, section 302 for jointly in prosecution two or more accused together
murder, section 307 for an attempt to murder, in case of the same offense committed by them under
section 323 for punishment for voluntary causing the provision but nothing is being mentioned
hurt, 324 for causing hurt, 325 punishment for anywhere regarding the justice delivery system.
voluntarily causing grievous hurt, 335 for voluntarily
It has not been proved that these legal provisions
causing grievous hurt, 147 provides punishment for
have given stringent legal teeth for prompt justice
rioting, section 148 for rioting armed with deadly
neither to victims nor their families. So, in absence of
weapon, Section 149 of Indian Penal Code for every
special law in all cases it will be difficult for the
member of unlawful assembly, guilty of an offense
judiciary of India for any remedy and to give speedy
committed in prosecution of common object and
relief and justice to the victim and his family.
section 34 of Indian Penal Code for acts done by
several persons in furtherance of a common MASUKA – Manav Suraksha Kanoon
intention.11
A civil society under the leadership of lawyers and
The lynching incidents are reported under the Indian activists such as Sanjay Hegde, Prakash Ambedkar,
Penal Code should be investigated properly to curb Tehseen Poonawalla, and Shehla Rashid initiated a
this serious offense. The criminal laws existing under draft law named as Manav Suraksha Kanoon
the Indian Legal system to prevent the cases of (MASUKA).12 The activist has in this draft proposed

11
Civil Society Comes Together To Draft ‘Law’ Against Mob
Lynching, NEWS18, (Oct. 2020, 22, 09:22 PM), 12 Mausami Singh , Civil society moots law to stop mob
http://www.news18.com/news/india/civil-society-comes- lynching: MASUKA, INDTOD, (Oct. 2020, 24, 04:15 PM),
together-to-draft-law-against-mob-lynching-1446177.html. https://www.indiatoday.in/india/delhi/story/national-campaign-
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a law against mob lynching which will also add the 2. To protest against the cow vigilantism in civil
terms of ‘mob’ and ‘lynching’. It contains defining society, the ‘NOT IN MY NAME’ campaign
calls for forming mob lynching a non-bailable has been launched.14
offense and punishment for the convicted ones would
3. National Campaign Against Mob Lynching
be life, a period of judicial inquiry, and to give
(NCAML) was launched by the Civil society
remedial compensation to the victim’s family. Manav
for the protection of humans and it is also
Suraksha Kanoon (MASUKA) is a law against mob
known as ‘MaSuKa’, short for
lynching which has been proposed by National
ManavSurakshaKanoon.15 Manav Suraksha
Campaign against Mob Lynching (NCAML).13
Kanoon (MaSuKa) is the Law has been
MASUKA, the law demanded by Civil Society
demanded by the civil society which deals
provides that the law to be made for mob lynching
with various facets of the above-mentioned
shall be cognizable, non-bailable and non-
offenses as –
compoundable and life imprisonment along with a
time-bound trial. The draft law also provides ● Deals with police neglect and
compensation to the victim’s family and the police complicity.
enforce action to ensure the protection of witnesses.
● Special courts for stringent
Steps Taken So Far punishment, speedy relief and to give
justice.
1. For sustained and structured cultural connect
between citizens of different regions, the ● Rehabilitation for Victim’s families
Government launched ‘Ek Bharat shreshta
Bharat’. ● Compensation for the families of
victims.

● Protection of witnesses.

4. The Union and most State governments have

done little to obey the directions of the
against-mob-lynching-masuka-manav-suraksha-kanoon-
1023046-2017-07-07.
13
Draft law of ‘Manav Suraksha Kanoon’ (MASUKA) – 14 Saibal Chatterjee, Campaign against lynching gathers steam ,
National Campaign Against Mob Lynching, (Oct. 2020, 24, CIVIL SOCIETY, (Oct. 2020, 25, 07:00 PM),
02:00 PM), https://blog.ipleaders.in/draft-law-manav-suraksha- https://www.civilsocietyonline.com/campaigns/campaign-
kanoon-masuka-national-campaign-mob-lynching/#_ftn8. against-lynching-gathers-steam.
15
Supra note 13.
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Supreme Court. The Rajasthan and Manipur to track all social media platforms. The
is the only state in India that became the first government has maintained that the social
state to have passed a bill against incidents of media hub would only monitor public
lynching.16 sentiments with concerns about mass
surveillance and privacy rights. The proposed
5. The Information Technology Ministry asked
hub observed by the Supreme Court which
the internet company to take immediate steps
has already been challenged legally that it
against fake rumors through WhatsApp and
would lead to the creation of a “surveillance
other social media platforms, but the
state”.18 The Supreme Court of India in 2015
company has expressed its inability to tackle
also struck down Section 66A of the
the problem. To comply with the direction the
Information Technology Act which provides
internet company has limits on forwarding of
punishment for sending utilizing “any
messages on WhatsApp. As per the new law
information which he knows to be falls to
now a person only five times would be able to
cause annoyance, inconvenience, danger,
forward one message through WhatsApp.17In
obstruction, insult, injury, criminal
India, the WhatsApp app is also planning to
intimidation, enmity, hatred, or ill will”.
remove the fast forward button which is set
next to the media messages. Whether these 7. The general guidelines for the police
steps taken by Internet companies can curb administration of the entire country as an
the spread of false information including fake interim order/direction by the Supreme Court
rumors in social media for which these in the case of Tehseen S. Poonawalla vs.
heinous offenses are increasing. Union of India and others (2018), on July 17,
2018.
6. The Supreme Court of India has accepted the
petition filed by the Centre to set up a Social 8. The Supreme Court of India to end the mob
Media Communications Hub, which would lynching in India has given 11 points. It gave
allow the government to keep an eye on and a slew of directions, including preventive,

16
Harsh Mander, Showing the way: on Manipur's new anti-
lynching law, THEHINDU, (Oct. 2020, 25. 10:45 PM),
18
https://www.thehindu.com/opinion/lead/manipur-shows-the- Anusha Soni , Surveillance state, says Supreme Court on
way/article26007016.ece. Centre's plans to monitor social media, INDTD, (Oct. 2020, 30,
17
India lynchings: WhatsApp sets new rules after mob killings, 03:12 PM), https://www.indiatoday.in/india/story/we-seem-to-
BBC News, BBCN, (Oct. 2020, 25, 11:30 PM), be-moving-towards-a-surveillance-state-says-supreme-court-
https://www.bbc.com/news/world-asia-india-44897714. 1284678-2018-07-13.
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remedial, and punitive steps, to deal with the investigate the case then penalties should be
violence and offenses like mob lynching. 19 imposed on them.

SUGGESTIONS 6. In dealing with the suspicion of offense in

local areas or communities their exigency to
1. The government of India should take steps to
be continued responsiveness on part of the
pass the law which is demanded by the civil
local authority of administration.
society, Manav Suraksha Kanoon (MaSuKa).
If MaSuKa will become a law it would do the 7. Police reforms are essential along with
same for the victims of mob lynching same as sensitization drive to make transformational
the Protection of Women from Domestic changes in their behavioral approach towards
Violence Act, 2005 and the SC/ST tackling the lynching offenses.
(Prevention from atrocities) Act, 1989 and
CONCLUSION
has been passed and theses are to secure
justice and for the protection of a group. After the 73 years of Independence, the generation is
witnessing heinous crimes like mob-lynching which
2. It shall be the duty of the governments
has become a normal trend. Under the Indian legal
including local administration authorities to
framework, there is no legal provision for offenses of
take steps to control and stop dissemination.
mob lynching. It is high time that our Indian legal
3. Parliament of India should create special law system should include lynching as a serious offense.
under Indian law on mob Lynching. Our government has to provide safety and dignified
life to every person as our lives are valuable and
4. Government should take strict actions to curb
precious and the government must take care of them.
these offenses and should criminalize the act
These emerging violence and heinous offenses need
of mob violence.
to be curbed to protect our nation. No one has a right

5. If due to any malafide intension or willful to take away other's lives or to hurt the sentiments of
neglect by the public servants for failing to people. As people having no fear of punishment,
therefore to put special control over the offense of
mob lynching the need of the hour is to have a
19
Ashok Bagriya, To end mob lynching, Supreme Court gives
an 11-point prescription HINTM, (Oct. 2020, 30, 11:15 PM), separate category of offense and punishment under
https://www.hindustantimes.com/india-news/to-end-mob-
lynching-supreme-court-gives-an-11-point-prescription/story-
pdknxkMYd3Caz3R27nSniP.html.
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the Indian Legal System to those who are involved in

these heinous offenses.

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