Mob Lynching In India: A Critical Analysis Of Constitutional Rights And The Rule Of Law

Abstract

Mob lynching has become a serious threat to India's democratic order, human rights commitments, and constitutional governance. Though equipped with a strong legal system, India has experienced a concerning escalation of mob justice crimes, especially against marginalised groups, most notably in the post-2015 era. This paper critically explores the root causes, socio-political consequences, and legal and enforcement failures driving mob lynching in modern India. Taking a doctrinal and case-law approach, this study attempts to fill a very important lacuna in the existing law literature. The paper examines whether India's existing legal provisions is covered by Section 103(2) of Bharathiya Nyaya Sanhita 2023(it specifically covers murder committed by a group of five or more persons acting in concert on specified grounds) and the Constitution are sufficient to dissuade and punish such actions effectively and the need for legal reforms to address the increasing digital incitement, hate-based violence, lynching cases, incorporating the use of digital platforms in instigating violence as a legally responsible element. It contends that mob lynching should be classified as a distinct offence, with tighter enforcement mechanisms, technological monitoring, and nationwide awareness campaigns to curb this crisis.