There is no separate definition for lynching under IPC as of now, Home Ministry says.
Amid demand by members for a separate law to curb mob lynching, Home Minister Amit Shah on Wednesday said in Rajya Sabha that the government has set up a committee to suggest necessary amendments in the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) to deal with it.
Responding to a series of queries during Question Hour, Mr. Shah said he has 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
“Under the Bureau of Police Research and Development (BPR&D), a committee has been set up to make changes in the IPC and CrPC. We will start working on amendments after receiving recommendations from the committee,” Mr. Shah said in the Upper House.
He said the government will keep in mind Supreme Court orders while making changes to the IPC and CrPC.
On the issue of lynching, Minister of State for Home Affairs Nityanand Rai said there is “no separate” definition for such incidents under the existing IPC. Lynching incidents can be dealt with under Section 300 and 302 of 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 cognisable, non- bailable and non-compoundable offence, he said.
The Minister, in his written reply, said that a group of ministers was constituted to deliberate on a law to specifically handle cases of lynching and make recommendations.
Responding to another query on status of laws to curb mob lynching passed by two state governments, he said Manipur and Rajasthan governments have passed such laws and they are reserved for central accord.
“The consultation process is going on. We will take a call after the consultation is over,”