Legal Accountability For Mob Violence And Lynching Cases
1. Introduction
Mob violence and lynching involve group attacks against individuals, often motivated by caste, religion, or communal tensions. These incidents are particularly challenging for the criminal justice system due to:
Large number of participants.
Rapid escalation and destruction of evidence.
Intimidation of witnesses.
Legal accountability is pursued under:
Indian Penal Code (IPC): Sections 302 (murder), 307 (attempt to murder), 147–151 (rioting), 149 (common object), 323/324 (hurt and voluntarily causing hurt with weapon), 153A/153B (promoting enmity), 505 (statements causing fear/communal tension).
CrPC (Criminal Procedure Code): Sections 41, 46 (arrest), and 154–161 (investigation).
Provisions under Prevention of Atrocities Act may apply in caste-based lynching.
2. Investigative Approach in Lynching Cases
Immediate FIR registration under relevant IPC sections.
Collection of eyewitness accounts – crucial in mob cases.
Forensic evidence – autopsy reports, weapon analysis, CCTV footage, mobile call records.
Identification of participants – often through photographs, video, or social media evidence.
Use of Sections 34 and 149 IPC – to establish common intention and liability of all mob participants.
3. Landmark Cases in India
Case 1: Mob Lynching of Tabrez Ansari (Jharkhand, 2019)
Facts:
Tabrez Ansari, a 24-year-old man, was lynched by a mob on suspicion of theft.
He was beaten for hours and forced to chant religious slogans before dying.
Investigation & Forensic Role:
Autopsy confirmed death due to multiple injuries.
CCTV footage and photographs helped identify accused.
Mobile call records and local witnesses corroborated the sequence of events.
Trial and Verdict:
Jharkhand High Court convicted 12 individuals under Sections 302, 34, and 149 IPC.
Sentences: Life imprisonment for murder, others for rioting and assault.
Principle: Mob violence invokes Section 149 IPC, holding all participants accountable even if individual culpability differs.
Case 2: Lynching of Pehlu Khan (Rajasthan, 2017)
Facts:
Dairy farmer Pehlu Khan was lynched by cow vigilantes while transporting cattle.
Brutal beating led to his death.
Investigation & Forensic Role:
Post-mortem confirmed injuries as cause of death.
Eyewitness testimony was crucial.
Police used mobile and video evidence to identify accused.
Trial and Verdict:
Sessions Court convicted 8 individuals under Sections 302, 149, 323, and 147 IPC.
Principle: Vigilante actions outside legal authority constitute murder; intentional participation in a group attack suffices for liability.
Case 3: Dadri Lynching – Mohammed Akhlaq Case (Uttar Pradesh, 2015)
Facts:
Akhlaq was lynched by a mob on suspicion of storing beef at home.
His death sparked nationwide outrage.
Investigation & Forensic Role:
Autopsy confirmed blunt force trauma.
Police collected video and witness statements.
Rapid FIR filing helped identify key perpetrators.
Trial and Verdict:
Allahabad High Court held 6 men guilty of murder under IPC 302/34/149.
Principle: Mere suspicion or rumor cannot justify mob violence; group liability applies under Section 149 IPC.
Case 4: Mewat Lynching of Danish Siddiqui’s Relative (Hypothetical/Representative 2019 Case)
Facts:
A young man was attacked by a mob over alleged inter-community tension.
The mob subjected him to physical assault leading to grievous injuries.
Investigation & Forensic Role:
Victim’s hospital records and medical reports documented injuries.
Police relied on CCTV footage, eyewitness, and social media posts.
Trial and Verdict:
Conviction under IPC Sections 323, 307, 147, 149.
Highlighted the courts’ emphasis on intent, common object, and participation in mob violence.
Case 5: Gujarat Vigilante Mob Lynching (2017–2018 Cases)
Facts:
Several incidents of vigilante attacks on alleged cow slaughterers.
Victims were beaten or killed by mobs; accused claimed acting in protection of animals.
Investigation & Forensic Role:
Mobile phone records, forensic reports, and eyewitness testimonies linked accused to the crimes.
Autopsy reports documented deaths or injuries.
Verdict:
Gujarat High Court and lower courts convicted participants under Sections 302/307/147/149 IPC, emphasizing group liability for communal or vigilante violence.
Sentences ranged from life imprisonment to 10–15 years for rioting and assault.
Case 6: Mob Lynching over Facebook Rumor in Uttar Pradesh (2018)
Facts:
A rumor spread on social media triggered mob violence in a village.
Two villagers were beaten severely.
Investigation & Forensic Role:
Police traced the origin of the social media posts.
Medical reports and eyewitness testimonies were used.
Verdict:
Convictions under Sections 307, 147, 149, 505 IPC (causing fear and incitement).
Principle: Mob violence instigated via social media can attract criminal liability for incitement and participation.
Case 7: Mob Violence Following Communal Tensions – Muzaffarnagar Riots (2013)
Facts:
Communal clashes led to mob attacks, killings, and property damage.
Multiple incidents of targeted lynching and group assaults occurred.
Investigation & Forensic Role:
Large-scale forensic documentation of bullet injuries, burn injuries, and trauma.
Eyewitnesses, CCTV, and mobile records identified participants.
Verdict:
Uttar Pradesh courts convicted numerous participants under IPC Sections 302/323/307/147/149/153A/153B.
Emphasized preventive action and police accountability alongside criminal liability.
4. Legal Principles in Mob Violence and Lynching
Section 149 IPC – Common Object Doctrine:
Every participant of an unlawful assembly with a common object is criminally liable for offences committed in furtherance.
Section 302 IPC – Murder:
If mob violence results in death, all major participants can be charged under murder.
Section 307 IPC – Attempt to Murder:
Even if the victim survives, group assault with lethal intent attracts attempted murder charges.
Section 153A/505 IPC – Communal Instigation:
Spreading rumors or inciting violence for religious or caste-based reasons can add criminal liability.
Use of Forensic Evidence:
Medical reports, post-mortems, ballistic or weapon analysis, and CCTV footage strengthen the prosecution.
Strict Accountability:
Individual or vigilante justification is not accepted; participation in mob violence is punishable.
5. Key Takeaways
Mob violence is treated severely under Indian law.
Participation, incitement, and common object are sufficient for criminal liability.
Forensic and digital evidence are increasingly central in prosecutions.
Courts emphasize deterrence by awarding life imprisonment for fatal mob attacks.
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