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How to fight back against mob lynching and hate crimes in India

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When a community celebrates a crime, the law must step in. Use the BNS and Supreme Court guidelines to ensure lynching cases don't go unpunished and victims get justice.

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10 min read
#mob lynching law india#BNS Section 103(2)#Tehseen Poonawalla judgment#hate crime legal help india#cancel bail BNSS#victim compensation scheme#nodal officer lynching#Bharatiya Nyaya Sanhita

1. The Hook

You see a video on your family WhatsApp group or X (formerly Twitter) that makes your blood run cold. A woman, targeted for her faith, is surrounded by a mob. She is humiliated, forced to drink urine, and lynched while she was fasting. The horror doesn't end there—a few weeks later, news hits that the perpetrators were granted bail and received a "heroic" welcome with garlands and sweets in their village. It feels like the rule of law has collapsed. But here is the thing: the law has specific, aggressive provisions to deal with mob violence and the failure of local police. You have the right to demand that these specific sections are applied and that the state doesn't just treat this as a simple 'scuffle'.

2. What the law actually says

Until recently, Indian law did not have a specific definition for 'lynching'. It was usually registered as murder or rioting. However, as of 2024, the legal landscape has changed significantly under the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The BNS and Mob Lynching

Section 103(2) of the BNS is now the primary weapon against mob violence. It states that when a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, dietary practices, or any other ground, every member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. This is a crucial shift because it recognises the 'identity' motive behind the crime.

Other relevant sections include:

  • Section 115(2) of the BNS: Punishment for voluntarily causing hurt.
  • Section 299 of the BNS: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
  • Section 189 of the BNS: Unlawful assembly and rioting.

The Supreme Court Mandate: Tehseen Poonawalla (2018)

In the landmark case Tehseen S. Poonawalla v. Union of India (2018), the Supreme Court issued a set of 'preventive, remedial, and punitive' measures. The Court declared that it is the duty of the State to ensure that the 'machinery of law and order functions effectively' to prevent mob-ocracy. Key mandates include:

  • Nodal Officers: Each state must appoint a Nodal Officer (not below the rank of SP) in each district to prevent mob violence.
  • Fast-track Trials: Lynching cases should ideally be tried by designated Fast Track Courts in each district.
  • Victim Compensation: States must have a scheme to provide interim relief to the victims or their next of kin within 30 days.

Bail and the BNSS

Under Section 480 of the BNSS (which replaces Section 437 of the CrPC), bail in non-bailable offences like murder or lynching is not a matter of right. If the accused are being celebrated or 'garlanded', this constitutes 'witness intimidation' and 'tampering with the social fabric', which are strong grounds for the cancellation of bail under Section 483 of the BNSS.

3. Step-by-step playbook

  1. Secure the Evidence

    If you are a witness or have access to digital evidence (videos/photos), do not just post them on social media. They can be deleted or manipulated.

    • Action: Download the original file. Do not use screenshots. Save the metadata if possible.
    • Legal Tool: Under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), electronic records are admissible as evidence. You will need to provide a certificate (formerly Section 65B) to prove the device's authenticity later.
    • Safety: If you fear for your safety, use the Cyber Crime reporting portal to upload evidence anonymously.

  2. Ensure the FIR cites Section 103(2)

    When an FIR is filed, police often use general 'murder' sections. You or the victim's family must insist on the inclusion of Section 103(2) of the BNS if the attack was by a group based on identity.

    • Action: Visit the police station. If they refuse to register the FIR or omit the lynching section, use Section 173(4) of the BNSS to send the complaint to the Superintendent of Police (SP) via registered post.
    • Resource: Check our guide on How to file an FIR (and what to do if police refuse).

  3. Contact the District Nodal Officer

    As per the Supreme Court, there is an SP-rank officer in your district specifically responsible for mob violence cases.

    • Action: Find the Nodal Officer's details on your state police website (e.g., uppolice.gov.in or maharashtrapolice.gov.in). Send them a formal letter citing the Tehseen Poonawalla judgment, demanding a weekly progress report on the investigation.
    • Timeline: The Nodal Officer is required to hold regular meetings with local intelligence units to prevent further escalation.

  4. Apply for Victim Compensation

    Justice isn't just about jail; it's about supporting the survivors. Most states have a 'Victim Compensation Scheme' (VCS) managed by the District Legal Services Authority (DLSA).

    • Action: File an application with the DLSA (usually located in the District Court complex) for interim compensation. Cite the 2018 SC guidelines which mandate relief for lynching victims.
    • Timeline: You should receive a response or part-payment within 30 days of the incident.

  5. Oppose the Bail

    If the perpetrators are being given a 'heroic welcome', this is evidence that they are influential and can intimidate witnesses.

    • Action: The victim's lawyer or the Public Prosecutor must move an application under Section 483 of the BNSS to cancel bail. Use news clippings or videos of the 'celebration' as evidence that the accused are creating an atmosphere of fear.
    • Legal Ground: Argue that the 'heroic welcome' proves the accused have high social influence and their being out on bail prevents a 'fair trial'.

  6. Use RTI for Transparency

    If the investigation hits a dead end or the police claim they cannot find the accused, use the law to force their hand.

    • Action: File an RTI online asking for the status of the investigation, the number of arrests made, and whether the Nodal Officer has filed the mandatory reports to the Director General of Police (DGP).

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Where it usually breaks

Even with the BNS 2023 in place, the system often defaults to "business as usual" to avoid the paperwork and scrutiny that comes with a hate crime. Here is where the process hits a wall and how you can push through:

  1. The "Simple Murder" Trap: Police often register the FIR under Section 103(1) (Murder) instead of Section 103(2) (Mob Lynching). They do this to avoid admitting there is a communal or caste-based mob issue in their jurisdiction.

    • Workaround: If the FIR doesn't mention the "ground" (religion, caste, etc.) or the group of five or more, file a written representation to the Superintendent of Police (SP) citing the Tehseen Poonawalla (2018) judgment. Demand the inclusion of Section 103(2).

  2. The "Heroic Welcome" and Bail: If perpetrators are granted bail and then garlanded, it creates an atmosphere of terror for the victims. This is a direct violation of the "remedial measures" ordered by the Supreme Court.

    • Workaround: Use the "heroic welcome" videos as evidence to file for Cancellation of Bail under Section 483 of the BNSS. Argue that the accused are "influential persons" who are "vitiating the atmosphere" and intimidating witnesses.

  3. Missing Nodal Officers: Every district is supposed to have a Nodal Officer (SP rank) specifically for mob violence. Often, these officers exist only on paper.

    • Workaround: Use the RTI Act (Section 6(1)) to ask the State Home Department for the name, contact details, and office address of the Nodal Officer for your district. If they haven't appointed one, it is a Contempt of Court issue.

  4. The Compensation Delay: Families are often too traumatised to ask for money, and the state won't offer it voluntarily.

    • Workaround: The Tehseen Poonawalla mandate requires interim relief within 30 days. Apply directly to the District Legal Services Authority (DLSA) at the district court. You don't need the police for this; the DLSA has its own funds for victim compensation.

Sources

Templates & scripts

Copy, fill in the [highlighted] bits, and send.

A. Script for calling the District Nodal Officer (SP)

"Good morning, I am calling regarding the lynching incident in [Location] on [Date]. Under the Supreme Court's Tehseen Poonawalla mandate, you are the designated Nodal Officer. We have evidence that Section 103(2) of the BNS has not been applied in the FIR despite it being a group attack based on identity. I am sending a formal representation to your office via registered post and email. Please acknowledge receipt to ensure there is no lapse in the 'preventive and remedial' duties assigned to you by the Court."

B. Complaint for Bail Cancellation (Drafting Guide)

Subject: Application for cancellation of bail under Section 483 of the BNSS. Key points to include:

  • "The accused were granted bail on [Date] by [Court Name]."
  • "Upon release, the accused were given a public reception with garlands and slogans, as evidenced by the attached video/photos."
  • "This conduct constitutes a 'clear and present danger' to the witnesses and the victim's family, as it demonstrates the social and political clout of the accused."
  • "The celebration of a heinous crime like lynching is an affront to the 'majesty of law' and a ground for cancellation as per the principles laid down in State of UP vs. Amarmani Tripathi."

C. RTI for Compensation

To: PIO, District Collector’s Office / DLSA. Text: "Please provide the following information regarding the Victim Compensation Scheme for the mob violence incident dated [Date] in [Village/Town]:

  1. Has the interim relief of ₹[Amount as per state scheme] been disbursed to the next of kin?
  2. If not, provide the daily progress report on the file processing this compensation.
  3. Provide a copy of the report submitted by the Nodal Officer (SP) to the Director General of Police regarding this specific incident."

Frequently Asked Questions

1. Can I file an FIR if I am not related to the victim?

Yes. Anyone who has knowledge of a cognizable offence (like murder or lynching) can inform the police. Under Section 173 of the BNSS, the police are duty-bound to record the information. If they refuse, you can send the information to the SP via registered post or file a complaint before a Magistrate under Section 175(3) of the BNSS.

2. What is the minimum number of people required for it to be called "mob lynching"?

Under Section 103(2) of the BNS, the law requires a group of **five or more persons** acting in concert. If there are fewer than five, it is still murder (Section 103(1)), but you lose the specific "mob lynching" statutory tag.

3. The police say they can't act because the video might be "fake." What do I do?

Submit the video with a self-declaration under **Section 63 of the Bharatiya Sakshya Adhiniyam (BSA)**. Tell them that under the *Tehseen Poonawalla* guidelines, the police have a "duty to monitor" social media to prevent such incidents and must send the video to the Forensic Science Laboratory (FSL) themselves rather than making the victim prove its authenticity first.

4. Is there a specific "Hate Speech" law to stop the celebration of killers?

While India doesn't have a single "Hate Speech Act," you can use **Section 196 of the BNS** (Promoting enmity between different groups) and **Section 299 of the BNS** (Deliberate acts to outrage religious feelings). If a "heroic welcome" involves inflammatory speeches, these sections must be added to a fresh FIR.

5. How much compensation can a victim's family get?

This varies by state, but most states have a Victim Compensation Scheme (VCS) following NALSA guidelines. For death due to mob violence, it usually ranges from ₹5 lakh to ₹10 lakh. Crucially, the Supreme Court mandates **interim relief** (a portion of the total) to be paid within 30 days of the incident.

6. What if the police are the ones who let the mob gather?

The *Tehseen Poonawalla* judgment is very strict on this. It mandates **departmental action** against police officers who fail to prevent lynching despite having prior intelligence. You can file a complaint with the **Police Complaints Authority (PCA)** in your state or a writ petition in the High Court for "command responsibility" failure.

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