Theterm mob lynching is not defined under statue in India. Now the first thing whichwe need to understand is that WHAT IS ACTUALLY MOB LYNCHING?? But before this we need to under these 2terms differently. Mob means a large crowd of people and lynching means of a group of people kill (someone) foran alleged offence without a legal trial, especially by hanging. So the termtogether means killing of a person by a large crowd without any legal trial other. It has been almost 70years of independence of our country and many laws, rules and regulations hasbeen evolved but still there is no particular legislation or act or law whichdirectly deals with the incidents or events of mob lynching.
There are severalsections in IPC i.e. Indian Penal Code (herein after use) and under codes suchas 34, 46,117,120A, 141,325,345, etc. Mob lynching has a wide history starting fromAmerica. The origin of word “lynch”unclear, but likely it is originated during American Revolution. The verb comes from the phrase”Lynch Law”, a term for a punishmentwithout trial. Charles Lynch and WilliamLynch whoboth lived in Virginia in the 1780s are the two persons who are responsible forinventing this phrase.
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Charles Lynch has the better claim, as he was known tohave used the term in 1782, while William Lynch isn’t known to have used theterm until much later in 1782, Charles Lynch wrote that his assistant hadadministered “Lynch’s law” to Tories” for Dealing with Negroes, &co.” In the United States, 1theorigin of the terms lynching and lynch law istraditionally attributed to a Virginia Quaker named Charles Lynch.Charles Lynch (1736–1796) was a Virginiaplanter and American Revolutionary who headed a county court in Virginia whichincarcerated Loyalist supporters of the British for up to one year during thewar. While he lacked proper jurisdiction, he claimed this right by arguingwartime necessity. Subsequently, he prevailed upon his friends in the Congressof the Confederation to pass a law which specifically exonerated him and his associatesfrom wrongdoing. He was concerned that he might face legal action from one ormore of those so incarcerated, even though the American Colonies had won thewar. This move by the Congress provoked controversy, and it was in connectionwith this that the term “Lynch law”, meaning the assumption ofextrajudicial authority, came into common parlance in the United States.
Lynchwas not accused of racist bias, and indeed acquitted blacks accused of murderon three separate occasions, as dictated by the facts brought before him. Hewas accused, however, of ethnic prejudice in his abuse of Welsh miners.In India, lynching generally reflects the internal tensionbetween the various communities in the country. The very first instance oflynching which was seen in India was Phelu Ram case. Phelu Ram was a cattletrader and a dairy farmer. 1https://en.wikipedia.org/wiki/Lynching