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The term mob lynching is not defined under statue in India. Now the first thing which we need to understand is that what is actually mob lynching? But before this, we need to under these 2 terms differently. Mob means a large crowd of people and lynching means of a group of people kill (someone) for an alleged offense without a legal trial, especially by hanging. So the term together means killing of a person by a large crowd without any legal trial other. It has been almost 70 years of independence of our country and many laws, rules and regulations have been evolved but still there is no particular legislation or act or law which directly deals with the incidents or events of mob lynching. There are several sections in IPC i.e. Indian Penal Code (hereinafter use) and under codes such as 34, 46,117,120A, 141,325,345, etc.
Mob lynching has a wide history starting from America. The origin of the word “lynch” unclear, but likely it is originated during American Revolution. The verb comes from the phrase “Lynch Law”, a term for a punishment without trial. Charles Lynch and William Lynch who both lived in Virginia in the 1780s are the two persons who are responsible for inventing this phrase. Charles Lynch has the better claim, as he was known to have used the term in 1782, while William Lynch isn’t known to have used the term until much later in 1782, Charles Lynch wrote that his assistant had administered “Lynch’s law” to Tories” for Dealing with Negroes, &co.”
In the United States, the origin of the terms lynching and lynch law is traditionally attributed to a Virginia Quaker named Charles Lynch. Charles Lynch (1736–1796) was a Virginia planter and American Revolutionary who headed a county court in Virginia which incarcerated Loyalist supporters of the British for up to one year during the war. While he lacked proper jurisdiction, he claimed this right by arguing wartime necessity. Subsequently, he prevailed upon his friends in the Congress of the Confederation to pass a law which specifically exonerated him and his associates from wrongdoing. He was concerned that he might face legal action from one or more of those so incarcerated, even though the American Colonies had won the war. This move by the Congress provoked controversy, and it was in connection with this that the term “Lynch law”, meaning the assumption of extrajudicial authority, came into common parlance in the United States. Lynch was not accused of racist bias and indeed acquitted blacks accused of murder on three separate occasions, as dictated by the facts brought before him. He was accused, however, of ethnic prejudice in his abuse of Welsh miners.
In India, lynching generally reflects the internal tension between the various communities in the country. The very first instance of lynching which was seen in India was Phelu Ram case. Phelu Ram was a cattle trader and a dairy farmer.
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