Abstract

This article discusses the emergence of mob lynching and vigilantism as significant threats to India's rule of law, leading to extrajudicial punishment without due process. These acts are often fuelled by communal tensions, caste-based discrimination, and misinformation propagated through social media. Mostly target vulnerable sections of society. Also violative of the core principles of justice, such as the ‘right to a fair trial’, ‘presumption of innocence’, and the requirement of proof beyond reasonable doubt. Moreover, vigilantes are not judicially trained and are unaware of these basic principles, acting influenced by mob trends. While early provisions under the Indian penal code (IPC) and CrPC only passively address such crimes, there is no specific legislation that directly deals with mob lynching. But in the new criminal law, i.e., Bhartiya Nyaya Sanhita, 2023, addresses the mob lynching through varies sections. Earlier in the Tehseen S. Poonawala v. Union of India case, the Supreme Court commented on the need for preventive measures, fast-track trials, and compensation for victims, and the Supreme Court also condemned state-sponsored vigilantism in the landmark case Nandini Sundar v. State Chhattisgarh. However, several states have enacted anti-lynching laws. This article also discussed international norms and highlighted the need for protecting constitutional rights and ensuring justice that is delivered through legal processes. It argues strengthening the judiciary, reforming law enforcement, and addressing societal causes such as political patronage and social media misinformation are essential for curbing vigilantism. Ultimately, mob lynching is potentially a direct challenge to Indian constitutional values, basic criminal law principles, rule of law constitutionalism, and due process.

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