Mob lynching: penal provision, Slides of Criminal Law

Download Mob lynching: penal provision and more Slides Criminal Law in PDF only on Docsity! 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. PUNISHMENT AWARDED UNDER INDIAN PENAL CODE • Section 302 • Section 307 • Section 323 • Section 147 • Section 148 • Section 149 • Section 34 HOW IS LYNCHING DIFFERENT FROM MURDER • A lynching is much more than just a murder. A murder may occur in Private. A lynching is a public spectacle. • It demands an audience. • It is done to send a message. • Way of killing/ motive is more important than number of people Killed. 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 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 -2018 • 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. THE PROBLEM • Strategic silence due to politicisation of lynching. • Loopholes in the leagal framework- cases are reported deliberately in a different way often to portray them as common place . • Mob has no face. • Mob fears no one – attacks on policeman. • Fake news and hate speech • Mob lynching is beyond religion and caste oppression - domination