India’s statutes do not define the term mob-lynching. First, let’s understand what mob-lynching is. Before we can understand these terms, it is important to define them differently. A mob is a large number of people. Lynching, on the other hand, refers to a group that kills someone without a trial. The term collectively refers to the murder of a person in large groups without any legal trial. It’s been 70 years since our country was independent. Although many laws, regulations and rules have been created, there is still no specific legislation that deals directly with mob lynching. IPC has several sections, e.g. Indian Penal Code, hereafter known as the under codes 34, 46.117.120A 141.325,345, etc.
The history of mob lynching goes back to America. Although the origin of the term “lynch”, is unclear, it is possible that it was developed during America’s Revolution. The verb derives its name from “Lynch Law”, an acronym for a sentence that can be used to punish someone without a trial. This phrase was invented by William Lynch and Charles Lynch, who lived in Virginia in 1780s. Charles Lynch has the best claim. He was first known to have used that term in 1782. William Lynch didn’t use it until much later. Charles Lynch wrote that his assistant had applied “Lynch’s laws” to Tories. Charles Lynch (1736-1796), a Virginia planter who was an American Revolutionary who led a Virginia County Court that kept Loyalist supporters in prison for up one year during World War II. He argued wartime necessity, even though he was not granted proper jurisdiction. In the end, he persuaded Congress of the Confederation friends to pass a law specifically exonerating him as well as his associates. He was concerned about the possibility of being sued by some of the imprisoned, even though the American Colonies had won. This Congress move caused controversy. It was also the reason that “Lynch law”, which meant the assumption of extrajudicial jurisdiction, became a common term in the United States. Lynch was not charged with racism and was acquitted of three murder charges against blacks on three occasions. However, he was charged with ethnic prejudice for his abuse of Welsh miners.
Lynching is an expression of tension within a country like India. Pheluram case was the first to witness lynching in India. Pheluram was a trader in cattle and a milk farmer.
