Mob lynching: penal provision, Slides of Criminal Law

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MOB LYNCHING:

PENAL PROVISION

BY: AINEE WAIZA JAWED SEMESTER :V ROLL : 002

DEFINING

• (^) Mob – A group of people or a crowd one that could easily become violent.
• (^) Lynching- Execution without a legal trail carried out by the mob who they believe Is guilty of a serious crime.
• (^) Lynching is neither defined in IPC or CRPC nor in the constitution of India.
• (^) It is possible under section 223 CrPc to prosecute together two or more persons accused of the same offence Committed in the course of same transaction. But the provision falls short for An adequate legal framework For prosecuting Lynch mobs.

• (^) Caases increased recently
• (^) SC has issued guidelines to control mob Lynching and recommend new law.

WHY IS IT GETTING ATTENTION

REASONS OF MOB LYNCHING

Hate speech, fake news, Caste conflict, cow vigilantism, Failure of law and order machinery, Poor record of punishment, inefficient And slow justice system

PUNISHMENT AWARDED UNDER INDIAN

• • Section PENAL CODE
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• • Section
• • Section
• • Section
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INSTANCES

• (^) MD Akhlaq Lynching- Also known as dadri lynching Mob lynched Akhlaq to death over tumors that the family was storing and consuming beef. Forensic reports reveal that the meat in possession was Mutton, not beef.
• (^) Violence happens in the name of protecting Cows which are considered sacred

MD AKHLAQ – DADRI LYNCHING

TABREZ ANSARI – JHARKHAND LYNCHING

• (^) Tabrez Ansari, a migrant worker in Pune from Jharkhand who had come home on a vacation, was accused of being a “bike thief”, arraigned by a bunch of thugs, tied to a lamppost, and brutally beaten up while being made to chant Jai Shri Ram and Jai Hanuman.
• (^) When it’s not about cows, it’s about‘ Jai Shri Ram’.

TINSUKIA LYNCHING: AUGUST 2017

A couple were lynched by a mob on the suspicion of practising witchcraft in Upper Assam's Tinsukia district , leaving a 10-year-old orphaned.

TAMIL NADU LYNCHING -

• (^) More than 30 people have been arrested over lynching of a 55-year-old woman. The killing happened amid rumours and false WhatsApp messages over kidnapping of children in the state. Police say local people beat the woman to death and attacked her family after seeing them give sweets to children.

HATE SPEECH AND FAKE NEWS

• Section 124A ,Sectionn 153A Penalises promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
• Section 153B of IPC Penalises imputations, assertions prejudicial to national-integration.
• (^) Section 153 C of IPC Prohibiting incitement to hatred: imprisonment for a term which may extend to two years, and fine up to ₹5000, or with 5000, or with both.
• (^) Section 295A of IPC Penalises deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
• Section 298 of IPC Penalises uttering, words, etc., with deliberate intent to wound the religious feelings of any person.
• Sectionnnn 505(1) and (2) of IPC Penalises publication or circulation of any statement, rumor or report causing public mischief and enmity, hatred or ill-will between classes.
• Recommendation of Bezbaruah Committee report Section 153C (prohibiting incitement to hatred) Section 505A (causing fear, alarm or provocation of violence in certain cases) in the IPC.

CONCLUSION

Supreme court: Mobocracy should’nt replace democracy. Centre must form laws to curb the incidents of mob lynching. Presently there is a need for separate legislation and strict implementation procedures to curb the attacks and punish the wrongdoers.