Mob lynching FIRs can be registered only with approval of district DCP, Commissioner Golchha tells Delhi Police officers

Minister of State for Home Affairs Bandi Sanjay Kumar, in a written response in the Rajya Sabha on December 4, 2024, had said: “For the first time, new offence of mob lynching was made punishable in Section 103(2) of the BNS, 2023. Section 103(2) of BNS provides that when a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.”

In the circular issued on November 24 by the Delhi Police headquarters to all special commissioners, joint commissioners, additional commissioners, district DCPs, assistant commissioners and inspectors of districts and specialised units, Golccha is learnt to have said that before lodging an FIR under Section 103(2), all must follow careful evaluation and documentary justification.

“To ensure uniformity, accountability and judicious application of serious penal provisions under Section 103(2)… it is hereby directed that no criminal case shall be registered under this section of BNS and/or such section shall neither be added nor removed, without prior approval of the concerned DCP,” it said.

“Any deviation will be viewed seriously and may attract disciplinary action for dereliction of duty. Supervisory officers should ensure strict compliance with this SOP (standard operating procedure) and this SOP will come into force with the immediate effect,” the circular added.

“Due to the serious legal consequences and sensitive implications of invoking Section 103(2)… there is a need for careful scrutiny and application of it in only the most appropriate and justified cases,” the circular said.

It also mentioned that in cases that are under investigation, if the probe suggests applicability or non-applicability of Section 103(2), the investigating officer must prepare a detailed preliminary report, summarising with facts, evidence and justification either to invoke or drop this section.

“The report will be forwarded to the DCP… for prior approval. The case file will be submitted to the district DCP, who will examine the legal, factual grounds and take a well-reasoned decision. A monthly record of all such cases will be maintained at the district level and will be reviewed from time to time,” it added.

Queries sent to the Special Commissioner (Perception Management) and Delhi Police spokesperson for comment did not elicit a response.

Senior officers said that such measures are intended to prevent misuse or inconsistent invocation of specialised sections and to strengthen case documentation at the pre-charge stage.