Lynching: Shah says written to CMs seeking suggestions

Union Home Minister Amit Shah. (PTI file photo)

With demanding a separate law to curb mob lynching on the rise, Union Home Minister Amit Shah on Wednesday said he has written to states to suggest changes in the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) to deal with it.

While responding to questions raised by DMK's Tiruchi Siva and Congress' Syed Nasir Hussain, Shah also said the government has set up a committee under the Bureau of Police Research and Development (BPR&D) to suggest amendments in the IPC and CrPC.

"I have also written to all state chief ministers and governors to send recommendations on making changes to IPC and CrPC after consulting with experienced investigating officers and public prosecutors...We will start working on amendments after receiving recommendations from the committee," he said.

Minister of State for Home Nityanand Rai said there is "no separate" definition for such incidents under the existing IPC and it is dealt under Section 300 and 302 of the IPC.

Rai said a Group of Ministers was constituted to deliberate on the matter and make recommendations and the government is seized of the matter.

"Lynching incidents can be dealt with under Section 300 & 302 of Indian Penal Code (IPC). Section 302 provides that whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine. Offence of murder is a cognizable, non-bailable and non-compoundable offence," he added.

He said the Ministry of Home Affairs has issued advisories to states from time to time to maintain law and order and ensure that any person who takes the law into his/her own hand is punished promptly as per law. An advisory was issued in July 2018 to keep watch on circulation of fake news and rumours having the potential of inciting violence, take all required measures to counter them effectively and to deal firmly with persons taking law into their own hands.

Further,  advisories were also issued at least twice later for taking measures to curb incidents of mob lynching in the country. 

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