Criminal Acts of Lynching and Overcriminalization: Empirical Analysis of Peopleâs Perspectives regarding Punitive Sanctions

Garima Pal; Tusha Singh

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Chapter 8 Criminal Acts of Lynching and Overcriminalization: Empirical Analysis of Peopleâs Perspectives regarding Punitive Sanctions

In: Criminalization Vol. II

Authors:

Garima Pal

Garima Pal
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Tusha Singh

Tusha Singh
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Type:: Chapter

Pages:: 168â182

DOI:: https://doi.org/10.1163/9789004711105_009

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Abstract

The chapter delves into the intricate issues surrounding lynching in India, particularly focusing on the lack of formal recognition of lynching as a separate crime under the Indian Penal Code. It explores the varied effects and reactions of this legal loophole on public perception and attitudes towards punitive measures. Through empirical research, the chapter analyzes the opinions of individuals from diverse backgrounds, shedding light on the prevailing trend towards stricter punitive measures and its implications for lynching cases. The study highlights the need to understand overcriminalization and punitive justice not only from expert perspectives but also from the viewpoints of the general populace. By examining the awareness and attitudes of the Indian population towards lynching, the chapter provides valuable insights into the societal response to this pressing issue. Furthermore, it presents findings suggesting a positive relationship between the pro-deterrence perspective and the preference for stringent punishment for lynching. The chapter concludes with a legislative analysis, emphasizing the significance of aligning legal developments, such as Bharatiya Nayaya Sanhita (BNS), with public perceptions and empirical data to effectively address the menace of lynching in India.

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Criminalization Vol. II

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Series:Â Studies in Critical Social Sciences, Volume: 300

E-Book ISBN:: 9789004711105

Publisher:: Brill

Print Publication Date:: 14 Nov 2024

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Chapter 8 Criminal Acts of Lynching and Overcriminalization: Empirical Analysis of Peopleâs Perspectives regarding Punitive Sanctions

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Criminalization Vol. II

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Chapter 8 Criminal Acts of Lynching and Overcriminalization: Empirical Analysis of Peopleâs Perspectives regarding Punitive Sanctions