If you are stuck in such a situation, here is what to do.

The question of whether “mob justice” can ever be justified is a complex one, especially in the face of perceived failures within the legal system. A harrowing case from the city of Alipur illustrates this dilemma. For years, a man named Vikram Singh terrorised a local neighbourhood, with over three dozen women accusing him of rape and assault. Despite numerous police complaints and FIRs, Vikram continued to operate with impunity, allegedly shielded by a network of corrupt local officials who ensured he was never brought to book.

The community’s frustration reached a boiling point after years of inaction and systemic apathy. The breaking point came during a routine court transfer. As Vikram was being escorted from a police van to the courthouse for a hearing, a crowd of nearly two hundred people, many of whom were his alleged victims and their families, overwhelmed the police escort. In a raw display of collective rage, they attacked and killed him on the spot. The police were unable to control the situation. In the aftermath, many participants openly admitted to their role, framing it not as murder but as an act of necessary justice born from desperation. Public sentiment was overwhelmingly in their favour, and years later, no one was convicted for the lynching. This incident raises a profound question: when the state fails to protect its citizens and deliver justice, can an act of mob lynching be understood, even if it cannot be legally justified?

Advice in such cases

If you find yourself accused of being part of such a mob, the situation is legally perilous. Here are the immediate steps you should consider:

• Do Not Resist Arrest: If the police come to arrest you, do not resist. Cooperate calmly but do not make any statements, confessions, or sign any documents without legal counsel present.
• Invoke Your Right to Silence: You have the right to remain silent. Anything you say can be used against you. Politely inform the police that you will only speak in the presence of your lawyer.
• Preserve Evidence of Your Whereabouts: If you were not at the scene, immediately gather any evidence that can prove your alibi, such as CCTV footage, digital location history, or witness testimonies.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Mob lynching is a grave offence under Indian law, and the new Bharatiya Nyaya Sanhita (BNS), 2023, has specific provisions to address it. The law does not justify such acts, regardless of the deceased’s alleged crimes.

• Section 103(2) of the Bharatiya Nyaya Sanhita (BNS), 2023: This is a critical section. It specifically deals with murder committed by a mob of five or more individuals acting in concert on grounds of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground. The punishment for every member of such a mob is severe, ranging from life imprisonment to the death penalty, along with a fine.
• Section 187 of the BNS, 2023 (Rioting): Anyone involved in a mob that uses force or violence can be charged with rioting, which carries its own penalties.
• Section 189 of the BNS, 2023 (Unlawful Assembly): Simply being a member of an assembly of five or more people with a common illegal object can lead to prosecution under this section.

If you are the complainant

If you are a witness to a lynching or have information about the perpetrators, you should take the following steps:

• Report to the Police: File a First Information Report (FIR) at the nearest police station. Provide a detailed, factual account of what you witnessed without exaggeration.
• Provide Evidence: If you have any videos, photos, or other forms of evidence, submit them to the police. Ensure you get a receiving copy for any documents or evidence you provide.
• Seek Protection: If you fear for your safety after becoming a witness, you can request police protection. This is a critical step in high-profile cases.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate can guide you through the process of recording your statement and ensure your rights as a witness are protected.

If you are the victim

This applies to the original victims of the accused (who was lynched) or the family of the person who was lynched. Each has a different legal path.

• For the Original Victims of the Accused: Even if the accused is deceased, the failure of the system to act on your complaints is a serious issue. You can file complaints against the police or officials for dereliction of duty.
• For the Family of the Lynched Person: You have the right to seek justice for the murder of your family member. The law does not permit anyone to take the law into their own hands.
• Lodge an FIR: The family must file an FIR for murder against the mob.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer is essential to navigate the criminal justice system, file for compensation, and monitor the police investigation.

How the police behave in such cases

Police response in mob lynching cases is often complex and influenced by public pressure and media scrutiny.

• Initial Investigation: The police will secure the crime scene, collect forensic evidence, and try to identify the individuals involved through videos and eyewitness accounts.
• Mass Arrests: In high-profile cases, police may conduct mass arrests to show that action is being taken. However, identifying the specific individuals who delivered the fatal blows can be challenging.
• Pressure and Scrutiny: The police are often under immense pressure from the public and their superiors. In cases like the one in Alipur, where there is public sympathy for the mob, the investigation can become politically and socially sensitive.
• Chargesheet: The investigation, conducted under the procedures of the Bharatiya Nagarik Suraksha Sanhita (BNSS), will culminate in a chargesheet filed in court. This document will name the accused and list the evidence against them.

FAQs people normally have

What evidence is required?

Proving a case of mob lynching requires strong evidence, as the defence often argues that their client was merely a bystander. Key evidence includes:

• Video and Photographic Evidence: Mobile phone recordings and CCTV footage are often the most crucial pieces of evidence.
• Eyewitness Testimony: Statements from credible witnesses who can identify specific individuals and their actions.
• Forensic Evidence: DNA, fingerprints, or bloodstains found on the accused’s clothing or weapons linking them to the crime.
• Digital Evidence: Social media posts or messages that show planning or participation in the act.

How long will the investigation take?

Investigations into mob violence are notoriously lengthy. Identifying hundreds of individuals from a crowd, gathering evidence against each one, and recording statements is a time-consuming process. The investigation can take several months to over a year before a chargesheet is filed. The subsequent trial can then go on for many years, especially with a large number of accused persons.

Advocate Sudhir Rao, Supreme Court of India