(1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
(2) 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, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.
Discussion on Sub Section 2 of Section 103 of Bharatiya Nyaya Sanhita (BNS)This section provides punishment for murder against the five or more persons coordinating their actions with one another based on racial, communal, gender, birthplace, linguistic, ideological, or any analogous discrimination each person in such group shall face penalty of death or imprisonment of life and in addition to punishments shall also be liable to pay fine.
In Tehseen S. Poonawalla Versus Union of India and others, the Hon'ble Supreme Court States that a part of a group which within no time assumes the character of a mob, can take law into their hands and deal with a person and treats him as guilty. That is not only contrary to the paradigm of established legal principles in our legal system but also inconceivable in a civilized society that respects the fundamental tenets of the rule of law. And, needless to say, such ideas and conceptions not only create a dent in the majesty of law but are also absolutely obnoxious.
Here, it is important to note that this sub Section 2 of section 103 of Bharatiya Nyaya Sanhita does not include religion as one of the indicator for mob lynching. The Hon'ble Supreme Court in Tehseen S. Poonawalla recognized the religion as one of the prominent factor which causes the mob lynching. In our country, few States have introduced anti-mob lynching laws and they have recognized religion as a motivating factor for mob lynching. Manipur Protection from Mob Violence Ordinance, 2018; West Bengal (Prevention of Lynching) Bill, 2019; Jharkhand (Mob Violence and Mob Lynching Prevention) Bill, 2021; Rajasthan Protection from Lynching Bill, 2019.
Instead of mentioning the religion as specific factor for mob lynching, this section has also mentioned other grounds such as personal belief or any other factor for ground without any clarity. These phrases can be interpreted broadly to include the religion under its ambit.
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