'Lynching Is A Separate Offence Under BNS', Union Tells Supreme Court In PIL Against Mob Violence

In a 2019 public interest litigation assailing non-compliance with the Tehseen Poonawalla judgment, where comprehensive guidelines were issued to the Union and State governments regarding prevention of lynching and mob violence, the Supreme Court today asked the Centre to file a short status report given Solicitor General Tushar Mehta's submission that the Bharatiya Nyaya Sanhita (which replaced IPC) has a separate offence of mob lynching.

A bench of Justices Surya Kant and N Kotiswar Singh heard the matter.

Initially, it was noted that the pleadings in the case were not complete, inasmuch as some states had not filed their affidavits. However, subsequently, SG Mehta appeared and apprised the Court that the petition may have outlived its purpose as the new BNS provision makes mob lynching an offence. In this backdrop, the Court asked the SG to file a short status report.

Briefly stated, the PIL was filed by an organization viz. Anti-Corruption Council of India Trust, alleging that incidents of lynching were increasing and no steps were being taken to implement the directions issued by the Supreme Court in 2018 (Ref: Tehseen Poonawalla) to tackle the menace of mob lynching.

In the 2018 Tehseen Poonawalla case, the Supreme Court had asked Parliament to consider enacting a new law to sternly deal with mob lynching and cow vigilantism, warning that such incidents may rise like a "typhoon-like monster" across the country. The Court had opined that there was a need to enact a special law as it would instill a sense of fear for law amongst those who involve themselves in mob lynching.

In July 2019, a bench led by former CJI Ranjan Gogoi issued notice on Anti-Corruption Council's PIL, seeking response of the Ministry of Home Affairs and the state governments. Now, in the backdrop of BNS making mob lynching an offense, the Court has asked the Centre to file a short status report.

In February, the Supreme Court disposed of another PIL, filed by the National Federation of Indian Women, raising concerns regarding the alleged increase in cases of mob violence - particularly by cow vigilantes. This PIL sought a direction from the Court for authorities to take action in terms of Tehseen Poonawalla. However, the Court stated that the directions issued in the judgment were binding on all authorities and it was not feasible for the Court to monitor compliance by all States/Union Territories while "sitting in Delhi".

Case Title: ANTI CORRUPTION COUNCIL OF INDIA TRUST Versus MINISTRY OF HOME AFFAIRS AND ORS., W.P.(Crl.) No. 191/2019