“BHARATIYA NYAYA SANHITA ON TRIAL: CAN SECTIONS 103 AND 117 DETER MOB LYNCHING?”

AUTHOR – KRISHNA R, ASSISTANT PROFESSOR AT BHARATH INSTITUTE OF LAW

BEST CITATION – KRISHNA R, “BHARATIYA NYAYA SANHITA ON TRIAL: CAN SECTIONS 103 AND 117 DETER MOB LYNCHING?”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 716-722, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Mob lynching, a brutal form of vigilante justice often fueled by communal hatred, caste prejudice, and misinformation, has emerged as a growing concern in India’s socio-legal landscape. The Bharatiya Nyaya Sanhita (BNS), 2023, in its Sections 103(2) and 117(4), introduces specific provisions addressing group-based acts of murder and grievous hurt motivated by identity markers such as race, caste, religion, sex, or language. These provisions mark a legal evolution from the Indian Penal Code (IPC) by formally recognizing hate-based group violence and assigning collective criminal liability to all participants in such acts.

This article critically examines the effectiveness and limitations of these provisions in tackling the menace of mob lynching. It assesses whether BNS’s framework can serve as a sufficient deterrent, especially in the absence of a standalone anti-lynching law and explores how these provisions align with constitutional principles of equality, justice, and due process. Drawing on case studies, judicial precedents, and comparative international legal frameworks, the analysis highlights key enforcement challenges—such as institutional bias, weak prosecution, and community silence—that may hinder the law’s potential. Ultimately, the article argues that while Sections 103 and 117 represent a step forward, their success in curbing mob violence will depend on interpretation, implementation, and public accountability mechanisms.

KEYWORDS

Bharatiya Nyaya Sanhita (BNS) 2023; Mob lynching; Section 103 BNS; Section 117 BNS; Group liability; Hate crimes; Caste-based violence; Communal violence; Legal deterrence; Collective criminal responsibility; Criminal law reform in India; Grievous hurt; Identity-based violence; Vigilantism; Indian penal reform.