Bhubaneswar: The Commissionerate police, already under fire for alleged laxity in the Balianta incident, is once again facing criticism for failing to invoke the specific mob lynching provision under Bharatiya Nyaya Sanhita (BNS) in the FIR related to the brutal killing of Government Railway Police (GRP) constable Soumya Ranjan Swain on May 7.
The murder section has only been invoked, despite it being described as a case of mob lynching.
Police officers explained that the family’s complaint did not mention any motives aligned with the criteria for Section 103(2) of the BNS, which specifically addresses mob lynching. His father, Dhusasana Swain, in his complaint, said that a group of people attacked and killed his son following the road incident.
Section 103(2) of the BNS applies when five or more persons, acting in concert, commit murder on grounds such as race, caste, community, sex, place of birth, language, personal belief, or similar grounds. Each member of such a group faces punishment of death or life imprisonment, along with a fine — the same as for standard murder under Section 103(1).
A senior police officer stated: “Just a group of men killing someone is not mob lynching under the BNS definition. The motive should be linked to race, caste, community, sex, place of birth, language, and personal belief. Else, this will not stand in court during trial.”
Bhubaneswar DCP Jagmohan Meena clarified that while Section 103(1) was initially applied, the mob lynching provision could be added later at the charge-sheet stage if evidence emerges.
The state Crime Branch, which has now taken over the investigation, echoed this position. DIG (Crime Branch) B Gangadhar said their probe is in early stages: “If the motive aligns with the definition, we will certainly add the mob lynching section.”
So far, 11 persons have already been made in connection with the attack.
Incident Overview & Criticism Over Handling
The 32-year-old constable from Cuttack district was allegedly beaten to death by a large group of people near Ramachandrapur under Balianta police limits, on the outskirts of Bhubaneswar. Reports indicate the violence erupted after a road accident involving Swain and his nephew on a motorcycle, which collided with the scooter of two women. The women accused the men of misbehaviour, and an attempted sexual assault, leading to public outrage. Swain was reportedly tied to a plank, dragged, and brutally assaulted in a public spectacle, with some accounts claiming police were present but slow to intervene effectively.
The response of Commissionerate Police to the volatile situation had earlier come under scrutiny since the three-member team in a PCR van, comprising a non-policeman driver, two home guards, including a woman and a constable which arrived at the spot after receiving a call on emergency response support system (ERSS) dial – 112, was completely outnumbered and stood no chance to control the frenzied mob. No senior police officer was at the spot for the next few hours.
Police also came under fire for transporting the victim in a pick-up van instead of an ambulance to Balianta Community Health Centre. He was later declared dead on arrival at Capital Hospital.
Reports stated that police personnel tried to pack Soumya into the PCR van but he jumped off twice. He was then tied to the wooden plank and loaded onto the pick-up van. However, the mob continued to rain blows even as he was being carried, leaving him seriously injured. By the time police realised the gravity of the situation, the damage had already been done.
