Bhubaneswar (Special Correspondent, The Fact Bureau): The Odisha Crime Branch has provided a detailed explanation regarding the absence of mob lynching charges in the ongoing investigation into the death of a Government Railway Police (GRP) constable in Balianta.
Vinaytosh Mishra, the Director General of the Odisha Crime Branch, clarified that the current evidence does not meet the specific legal criteria for mob lynching as defined under the Bharatiya Nyaya Sanhita (BNS).
Legal Justification
According to the DG, the BNS classifies mob lynching as an attack carried out by a group of five or more individuals based on specific discriminatory factors, such as:
Race or Caste
Religion
Gender or Language
Place of birth or Personal beliefs
Mishra noted that the preliminary investigation and the initial FIR have not uncovered any evidence suggesting that the assault was motivated by these factors.
Consequently, these specific charges have not been applied. However, he emphasized that if the ongoing probe reveals such motives at a later stage, the relevant legal sections could still be added to the case.
Details of the Incident
The case involves the death of 32-year-old GRP constable Soumya Ranjan Swain, which occurred on May 7 on the outskirts of Bhubaneswar.
The incident reportedly began around 11:30 AM when Swain and an associate, riding a motorcycle, allegedly collided with a scooter carrying two women. Following the accident, Swain was accused of assaulting the women and attempting to rape one of them.
In response to these allegations, a crowd of locals and bystanders gathered and reportedly beat Swain to death.
Current Status of the Investigation
The Crime Branch is currently analyzing several viral social media videos of the assault to distinguish between mere bystanders and those actively involved in the fatal beating.
So far, the authorities have:
Arrested 11 individuals in connection with the killing.
Registered two distinct cases- one for the murder of the constable and another for the alleged attempted rape.
Recorded and examined statements from multiple witnesses.
The DG confirmed that investigative teams have already conducted on-site inspections at the scene of the incident and the local police station to ensure a comprehensive inquiry.
