"Proposed 'Bharatiya Nyaya Sanhita, 2023' Introduces Death Penalty for Mob Lynching, Replacing IPC Potential Change
The Indian government is considering a significant legal amendment with the introduction of the 'Bharatiya Nyaya Sanhita, 2023,' a potential replacement for the existing Indian Penal Code (IPC). Under this proposed law, individuals involved in cases of mob lynching could face the ultimate punishment – the death penalty.
A crucial development in this regard unfolded during a session in the Lok Sabha, where Union Home Minister Amit Shah revealed key details of the new Bill. This legislation aims to address the alarming surge in mob lynching incidents across the country.
While the Bill does not explicitly label the crime as "mob lynching," it strategically encompasses the issue within its framework. Home Minister Shah emphasized that mob lynching cases were thoroughly examined, leading to the inclusion of provisions for severe penalties under the new law.
Specifically, the proposed Section 101(b) of the Bharatiya Nyaya Sanhita deals with the penalty for mob lynching, stating that when a group of five or more individuals collaborates to commit murder based on factors such as race, caste, community, sex, place of birth, language, or personal belief, each member of the group could face the death penalty, life imprisonment, or a minimum of seven years in prison, along with fines.
This approach echoes the concerns raised by the Supreme Court in 2018, which expressed alarm over the rise of mob violence and lynching incidents in India. The Court had highlighted the urgent need for a dedicated law to address this issue and issued directives to tackle the problem effectively.
The proposed legislation underscores the gravity of mob lynching and its potential repercussions. It acknowledges the menace posed by acts of intolerance, fueled by misinformation and fake news, which can incite frenzied mobs to commit heinous crimes. The bystander apathy and law enforcement's inertia further compound the problem, as do the attempts to glorify such incidents on social media.
In response to recent concerns about the escalating incidents of mob violence targeting minority communities, a public interest litigation was filed before the Supreme Court. The apex court took action, seeking responses from the Central government and law enforcement agencies in six states.
As India grapples with the urgent need to curb mob lynching and its dangerous implications, the proposed 'Bharatiya Nyaya Sanhita, 2023' presents a comprehensive effort to address this issue, potentially reshaping the legal landscape to ensure a safer society for all."
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TAGS: Proposed Bharatiya Nyaya Sanhita 2023 Death Penalty for Mob Lynching IPC Replacement Union Home Minister Amit Shah Section 101(b) Supreme Court Directives Rising Mob Violence Concerns Public Interest Litigation Minority Community Targeting.
