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.After nearly a century and 200 failed legislative attempts, US President Joe Biden signed

legislation making lynching a federal hate crime punishable by up to 30 years in prison.


The Emmett Till Anti-lynching Act is named after a 14-year-old black child who was killed

in Mississippi in 1955. Emmett's assassination is said to have inspired a surge in activism and

resistance, igniting what became known as the Civil Rights Movement in the United States.

Lynching, which occurs when an illegal mob kills someone based on their race without due

process, has a long history in the United States.

When a person conspires to commit a hate crime that ends in death or serious harm, it can be

charged as a lynching under the Emmett Till Anti-lynching Act. Federal prosecutors will be

able to utilize this as a tool to pursue heinous hate crimes.

It effectively modifies the United States' existing federal hate crime legislation, which is

codified in the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into

law by former President Barack Obama in 2009.


There is no present codified law against lynching in India as such the punishment for mob

lynching is provided under the ambit of the following laws currently-

1. Section 302 of Indian Penal Code

This section of IPC deals with punishments related to murder i.e. the person who

commits murder is punished either with a punishment of death or imprisonment for

life. In many cases, the convict may even be liable to penalised.

2. Section 304 of Indian Penal Code–  

This section deals with punishment for culpable homicide not amounting to

murder which may be

Life imprisonment for a term which may extend to ten years, and shall also be

liable to fine in case the act is done with an intention to kill or cause injury that is

likely to cause death.

3. Section 307 of the Indian Penal Code–

 This section deals with the punishment in case of attempt to murder. A person

who    does an act with an intention or knowledge that his action may cause death

would   be guilty of murder and is to be punished with imprisonment of either for a

term of   up to ten years and also be liable to fine.

4. Section 323 of the Indian Penal Code

This section defines the punishment for causing hurt voluntarily. Whoever, except

if provoked as per section 334, voluntarily causes hurt, is bound to be punished

with imprisonment which may extend to one year, or with fine (up to one thousand

rupees), or with both.

5. Section 325 of the Indian Penal Code

This section deals with punishment for causing grievous hurt voluntarily.

Under the provision of this section, if a person, except in case of provocation

(as provided for by section 335), voluntarily causes grievous hurt, is likely to

be punished with imprisonment of either for a term of up to seven years and

also payment of fine.


Emmett Till Anti-lynching act or the anti lynching act which was recently signed by United

Stated President Joe Biden is warmly welcomed. It essentially amends the US’ existing

federal hate crime laws and make it more stringent in nature .


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