Mob Lynching Under the BNS (Section 103(2)) (2026)
What mob lynching means under Section 103(2) of the BNS, how it treats murder by a group of five or more on identity grounds, the punishment, and why it is a new specific provision. Last verified October 2026.
Explainer · Criminal Law · BNS
Mob lynching is addressed by Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), the code that replaced the Indian Penal Code (IPC) on 1 July 2024. It covers murder by a group of five or more persons acting together on a ground such as race, caste, community, sex, place of birth, language or personal belief. Each member of the group can be punished with death, or imprisonment for life, or imprisonment of not less than seven years, and a fine. This is a new specific provision, as the IPC had no separate mob lynching section. This explainer sets out what the provision covers, how it relates to the old law, and what changed. Last verified October 2026.
- What it is: mob lynching, that is murder by a group of five or more on identity or belief grounds, under Section 103(2) BNS.
- Old law: no separate section. It was charged as murder (IPC 302) read with common intention or unlawful assembly.
- Punishment: death, or life imprisonment, or imprisonment not less than 7 years, and a fine, for each member.
- Classification: cognizable and non-bailable, triable by the Court of Session.
01What Section 103(2) of the BNS covers
Section 103 of the BNS is the murder section. Section 103(1) carries forward the old Section 302 of the IPC and punishes murder generally. Section 103(2) is new. It deals with what is commonly called mob lynching.
Section 103(2) applies where a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground. The key ingredients are three:
- there is a group of five or more persons;
- they act in concert, that is together with a shared intent;
- the murder is committed on a listed ground of identity or belief, or any other similar ground.
Where these are met, each member of the group is liable, not only the person who struck the fatal blow. The phrase "or any other ground" is wide, and courts will read it in the context of the listed identity grounds.
A separate route from Section 302 of the old code
Under the IPC a mob killing was charged as murder read with the sections on common intention or unlawful assembly. The BNS gives it a named, standalone sub-section.
02How the old law compares
There was no single IPC section for mob lynching. A killing by a group was prosecuted as murder under Section 302 of the IPC, read with Section 34 (common intention) or Sections 149 and 141 (unlawful assembly), so that every member of the group could be held liable.
| Point | Old position (IPC) | New position (BNS) |
|---|---|---|
| Murder generally | Section 302 IPC | Section 103(1) BNS |
| Mob lynching as a named offence | None. Charged as murder read with common intention or unlawful assembly | Yes, Section 103(2) BNS |
So the honest description is that Section 103(2) is a new, specific provision. It does not replace a numbered IPC section, but gives mob lynching its own place in the murder section for the first time in central criminal law.
03Punishment and classification
Under Section 103(2), each member of the group can be punished with death, or imprisonment for life, or imprisonment for a term which shall not be less than seven years, and shall also be liable to a fine.
This matches the gravity of the general murder punishment under Section 103(1), which is death or imprisonment for life and a fine, while giving the court the option of a minimum term of seven years in a suitable case. On classification, murder is cognizable and non-bailable, and is triable by the Court of Session.
04What changed from the old law
The change is that mob lynching, meaning a group murder driven by identity or belief, is now named in the law. Earlier it had to be built from murder plus the group liability sections. Now Section 103(2) marks it out and fixes the punishment, which recognises the distinct harm of a killing targeted at a person because of who they are.
For the general murder provision see our explainer on murder under the BNS (Section 103), and for the overview see the new criminal laws (BNS, BNSS and BSA).
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Mob lynching cases under Section 103(2) of the BNS are serious Sessions trials, often with many accused and a long record. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can see how this new sub-section is being read and follow a live matter through bail, charge and trial. Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For the full picture, see case search across Indian courts.
06Sources and further reading
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- India Code (official bare text of the BNS): indiacode.nic.in
- Text of BNS Section 103: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Always read the section as it stands on the day you act, and take advice from counsel on your facts.
07Frequently asked questions
What is Section 103(2) of the BNS?
Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 addresses mob lynching. It applies where a group of five or more persons acting together commits murder on a ground such as race, caste, community, sex, place of birth, language or personal belief. Each member of the group is liable, not only the person who caused the fatal injury.
Is there a separate IPC section for mob lynching?
No. The IPC had no separate mob lynching section. A group killing was charged as murder under Section 302 read with Section 34 (common intention) or Sections 149 and 141 (unlawful assembly). Section 103(2) of the BNS is a new, specific provision.
What is the punishment for mob lynching under the BNS?
Under Section 103(2), each member of the group can be punished with death, or imprisonment for life, or imprisonment of not less than seven years, and is also liable to a fine.
How many people make a group under Section 103(2)?
Five or more persons acting in concert. There must be a shared intent, and the murder must be on a listed ground of identity or belief, or any other similar ground.
Is mob lynching a bailable offence?
No. Murder, including under Section 103(2), is cognizable and non-bailable, and is triable by the Court of Session. You should confirm the current classification against the First Schedule of the BNSS and take advice on your facts.
Can I track a mob lynching case in Claw?
Yes. Claw tracks matters across 9,102 courts and forums with automatic updates, cause lists, and WhatsApp and email alerts, and lets you search cases, orders and judgments by section, party or advocate. It tracks the case but does not file it or give legal advice.