Mob Lynching May Invite Death Penalty As Per Proposed Bill Replacing IPC

The proposed 'Bharatiya Nyaya Sanhita' Bill aims for significant legal changes, including potential death penalty for mob lynching. Definitions focus on group actions based on various grounds.

Union Home Minister Amit Shah ( Image Source :PTI )

In a significant move to curb mob violence and enhance legal measures against heinous crimes, Union Home Minister Amit Shah introduced three bills in the Lok Sabha on Friday. The proposed legislation, known as the 'Bharatiya Nyaya Sanhita' (BNS) Bill, 2023, seeks to replace the 'Indian Penal Code' (IPC), 'Criminal Procedure Act', and the 'Indian Evidence Act'. Among the key provisions, the bill proposes the death penalty for mob lynching and stricter punishments for rape and sedition.

The Bharatiya Nyaya Sanhita Bill, if passed by the parliament, would bring sweeping changes to the country's legal landscape.

One of the most notable aspects of the bill is the provision to make mob lynching a crime punishable by the death penalty. According to a report by Bar And Bench, while the term "mob lynching" is not explicitly used, the bill defines a group of five or more persons acting in concert committing murder based on factors such as race, caste, community, sex, place of birth, language, personal belief, or any other ground. Each member of such a group would face the possibility of the death penalty or imprisonment for life or a prison term of at least seven years, along with fines, it said. 

As per Section 101(b) of the proposed law, each individual in a group involved in mob lynching will face the death penalty, life imprisonment, or a prison term of seven years or more.

Union Home Minister Amit Shah emphasised the need for stringent measures to address crimes that threaten the nation's unity and safety during his address to the Lok Sabha. "We have carefully considered the issue of mob lynching. We have introduced provisions for seven years in prison, life in prison, and the death penalty for mob lynching," he said on Friday. 

This proposed legal overhaul follows a 2018 Supreme Court ruling that condemned the rise in mob violence and lynching incidents in India. To address these societal challenges, the court advocated for the establishment of a distinct legal framework. A three-judge Bench led by then Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued a comprehensive set of directives. The court described lynching and mob violence as "creeping threats" that could grow into a major issue fueled by intolerance, misinformation, and bystander apathy.

According to Bar And Bench, in response to these growing concerns, a public interest litigation highlighting the rise in mob violence incidents targeting minorities was recently filed before the Supreme Court. On July 28, the Supreme Court issued a request for responses from the Central Government and law enforcement agencies in six states, emphasising the importance of dealing with this pressing issue.

Click here to read Bharatiya Nyaya Sanhita, 2023. 

New Bills Propose Stricter Punishments For Rape And Sedition: 

The proposed bills also introduce stronger punishments for cases of rape. It stipulates that those involved in the rape of a minor will face a maximum punishment of a death sentence. Furthermore, if a woman dies as a result of rape or is left in a persistent vegetative state, the offender could face rigorous imprisonment for a minimum of 20 years or life imprisonment, and in some cases, the death penalty, as per the proposed law. 

The proposed legislation also takes a new approach to sedition. While the government sought to repeal the provision for sedition, the bill reinstates it in a modified form. It states that anyone who intentionally incites secession, armed rebellion, subversive activities, or endangers India's sovereignty and unity through various means, including spoken or written words, signs, electronic communication, or financial means, faces life imprisonment or up to seven years in prison, as well as fines.

The 'Bharatiya Nyaya Sanhita' (BNS) Bill, along with the other two bills, 'Bharatiya Nagarik Suraksha Sanhita' (BNSS) Bill, 2023, and 'Bharatiya Sakshya (BS)' Bill, 2023, will be under deliberation in the Lok Sabha, sparking discussions and potential amendments before becoming law.