Mob Lynching in India and Prosecution Challenges: A Socio-Legal Study

Authors

  • Tarun Gaur Research Scholar, Faculty of Law - Institute of Legal Studies and Research, Manglayatan University, Aligarh, India.
  • Jayendra Singh Rathore Guide, Faculty of Law - Institute of Legal Studies and Research, Manglayatan University, Aligarh, India

Keywords:

Mob Lynching, Vigilantism, Prosecution Challenges, Criminal Justice System, Rule of Law, Socio-Legal Study

Abstract

The practice of mob lynching has developed into an urgent social and legal problem that threatens to destroy India’s constitutional system and its judicial process and the public’s trust in its law enforcement agency. The practice of lynching, which leads to mob violence, occurs when people use their suspicions and their existing prejudices and their incorrect information and their desire to enforce their own justice system to execute someone outside the law. The study investigates how mob lynching operates in India through its process of investigations and legal proceedings. The paper uses doctrinal and socio-legal research methods to examine laws and constitutional principles and court decisions and empirical data from statutory body reports and academic studies. The study demonstrates that lynching prosecutions face major obstacles because criminal cases use two legal systems, while investigations face deficiencies and witnesses act against the prosecution and there is not enough evidence and political forces interfere and state institutions lack capacity. The paper presents mob lynching as a criminal offense which shows the complete breakdown of governmental systems that need multiple legal and institutional and policy changes to achieve responsible governance and to secure fundamental human rights.

How to cite this article:
Gaur T, Rathore J S. Mob Lynching in India and Prosecution Challenges: A Socio-Legal Study. J Adv Res Humani Social Sci 2025; 12(3): 25-34

DOI:https://doi.org/10.24321/2349.2872.202525

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Published

2025-09-10