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@article{205530,
        author = {Piyush tiwari},
        title = {CRITICAL ANALYSIS OF VIGILANTE JUSTICE: A NEW THREAT TO DEMOCRATIC SETUP IN INDIA WITH SPECIAL EMPHASIS ON MOB LYNCHING UNDER BNS, 2023},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {13},
        number = {1},
        pages = {7273-7306},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=205530},
        abstract = {The phenomenon of vigilante justice and mob lynching has emerged as a significant challenge to the rule of law and democratic governance in India. This study critically examines the growing incidence of mob violence, particularly in the context of social, legal, and constitutional frameworks, with a special emphasis on the Bharatiya Nyaya Sanhita, 2023 (BNS). The research seeks to understand the underlying causes, legal gaps, and institutional failures that contribute to the rise of such extrajudicial actions.
The study begins by conceptualizing vigilante justice and distinguishing it from lawful enforcement mechanisms, highlighting its incompatibility with the principles of due process and constitutional governance. It further explores the patterns and triggers of mob lynching in India, including the role of misinformation, communal tensions, and public distrust in law enforcement agencies. The research also analyzes the pre-existing legal framework under the Indian Penal Code, 1860, identifying its limitations in addressing the specific nature of mob violence.
A key focus of the study is the transition to the Bharatiya Nyaya Sanhita, 2023, and its effectiveness in dealing with offences involving collective violence. While the BNS introduces certain reforms, the absence of a distinct provision specifically addressing mob lynching remains a critical concern. The study also evaluates judicial interventions, particularly the guidelines laid down by the Supreme Court in addressing such incidents, and assesses their implementation by administrative authorities.
In addition, the research examines the role of police, media, and social media in both contributing to and preventing mob violence. It highlights how the spread of fake news and sensationalist reporting can escalate tensions, while also acknowledging the potential of these platforms in promoting awareness and accountability. The study further explores the broader impact of mob lynching on democratic values, including the erosion of fundamental rights, weakening of judicial authority, and the rise of “mob sovereignty.”
Through a comparative analysis of anti-lynching laws in other countries and legislative initiatives within Indian states, the study identifies best practices and lessons for strengthening the legal framework. It concludes by proposing a set of reforms, including the need for a specific anti-lynching law, improvements in policing and judicial processes, regulation of digital platforms, and enhanced victim support mechanisms.
Overall, the study emphasizes that addressing vigilante justice requires a comprehensive approach that integrates legal reform, institutional accountability, and social awareness. Upholding the rule of law and protecting constitutional values are essential to ensuring justice and preventing the recurrence of mob violence in India.},
        keywords = {},
        month = {June},
        }