The claimed this right by arguing wartime

term mob lynching is not defined under statue in India. Now the first thing which
we need to understand is that WHAT IS ACTUALLY MOB LYNCHING??  But before this we need to under these 2
terms differently. Mob means a large crowd of people and lynching means of a group of people kill (someone) for
an alleged offence without a legal trial, especially by hanging. So the term
together means killing of a person by a large crowd without any legal trial other. It has been almost 70
years of independence of our country and many laws, rules and regulations has
been evolved but still there is no particular legislation or act or law which
directly deals with the incidents or events of mob lynching. There are several
sections in IPC i.e. Indian Penal Code (herein after use) and under codes such
as 34, 46,117,120A, 141,325,345, etc.  

Mob lynching has a wide history starting from
America.  The origin of word “lynch”
unclear, but likely it is originated during American Revolution. The verb comes from the phrase
“Lynch Law”, a term for a punishment
without trial.  Charles Lynch and William
Lynch who
both lived in Virginia in the 1780s are the two persons who are responsible for
inventing this phrase. Charles Lynch has the better claim, as he was known to
have used the term in 1782, while William Lynch isn’t known to have used the
term until much later in 1782, Charles Lynch wrote that his assistant had
administered “Lynch’s law” to Tories” for Dealing with Negroes, &co.”

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 In the United States, 1the
origin of the terms lynching and lynch law is
traditionally attributed to a Virginia Quaker named Charles Lynch.
Charles Lynch (1736–1796) was a Virginia
planter and American Revolutionary who headed a county court in Virginia which
incarcerated Loyalist supporters of the British for up to one year during the
war. While he lacked proper jurisdiction, he claimed this right by arguing
wartime necessity. Subsequently, he prevailed upon his friends in the Congress
of the Confederation to pass a law which specifically exonerated him and his associates
from wrongdoing. He was concerned that he might face legal action from one or
more of those so incarcerated, even though the American Colonies had won the
war. This move by the Congress provoked controversy, and it was in connection
with this that the term “Lynch law”, meaning the assumption of
extrajudicial authority, came into common parlance in the United States. Lynch
was not accused of racist bias, and indeed acquitted blacks accused of murder
on three separate occasions, as dictated by the facts brought before him. He
was accused, however, of ethnic prejudice in his abuse of Welsh miners.

In India, lynching generally reflects the internal tension
between the various communities in the country. The very first instance of
lynching which was seen in India was Phelu Ram case. Phelu Ram was a cattle
trader and a dairy farmer.