Mob Lynching and Manslaughter: Legal Loopholes That Deny Justice to Victims
Author : Jaishruthi SN and Dr. S Maruthavijayan
Abstract :
Mob lynching has emerged as a disturbing form of collective violence in India, reflecting deep-rooted social tensions and often leaving victims without justice. Despite existing legal provisions under the Indian Penal Code and Criminal Procedure Code, loopholes in the law and its enforcement allow many perpetrators to escape accountability. This research paper investigates these legal gaps and examines how they contribute to the continued denial of justice for victims of mob lynching and related manslaughter cases. Using a mixed-method approach, the study combines doctrinal legal analysis with empirical research. Doctrinal research reviews statutory provisions, case laws, and scholarly commentary to identify inconsistencies and ambiguities in how courts handle mob-related crimes. Empirical research includes interviews and structured questionnaires conducted with victims’ families, lawyers, law enforcement officials, and social activists to capture real-world experiences and perspectives. The findings reveal multiple challenges: difficulty in proving individual intent within a mob, delays and inefficiencies in police investigations, societal biases, and limited public awareness about legal protections. Procedural hurdles further compound the trauma of victims’ families, leaving justice inaccessible in many cases. Comparative insights from other jurisdictions suggest that clearer laws, specialized investigative protocols, and stricter accountability can improve outcomes. Ultimately, this study highlights the urgent need for legal reforms, public awareness campaigns, and strengthened enforcement to bridge the gap between law and practice. By addressing both legal and societal factors, India can move toward a system where victims of mob lynching and manslaughter are not left powerless, ensuring justice, accountability, and the protection of human rights.
Keywords :
Mob Lynching, Manslaughter, Extra Judicial Killing, Collective Violence, Social Intolerance, Victim Justice.
