How to report mob violence and hate crimes to the NHRC under PHRA

The Hook

You are scrolling through your feed and see a viral video from a district in Uttar Pradesh. A group is cornering a man from a minority community, accusing him of a crime without proof, and turning violent. You wait for the news to report an arrest, but instead, the local police call it a "minor scuffle" or, worse, file a counter-case against the victim. Even the National Human Rights Commission (NHRC) stays silent despite the clear violation of the right to life. This isn't just a failure of local policing; it is a breakdown of the constitutional machinery. When the system looks the other way, you need to know how to pull the legal levers that force it to pay attention.

What the law actually says

For the first time in Indian legal history, "Mob Lynching" is an explicitly codified crime. Under Section 103(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, if a group of five or more people commits murder based on race, caste, community, sex, place of birth, language, or personal belief, every member of that group faces the death penalty or life imprisonment. This is no longer just a "murder" case; it is a specific category of targeted violence.

However, the law on paper is useless if the police refuse to register it. This is where the Protection of Human Rights Act (PHRA), 1993 and the Supreme Court's mandate come in. In the landmark case of Tehseen S. Poonawalla v. Union of India (2018), the Supreme Court laid down 11 mandatory directions to combat mob lynching. These include:

1. Designated Nodal Officers: Every district must have a Superintendent of Police (SP) rank officer specifically tasked with preventing mob violence.
2. Fast-tracked trials: Cases of lynching must be tried by designated courts on a day-to-day basis and concluded within six months.
3. Victim Compensation: States must have a scheme to provide interim relief to victims within 30 days.

The Allahabad High Court has recently reiterated that the NHRC cannot remain a "mute spectator" in such cases. Under Section 12 of the PHRA, the NHRC has the power to intervene in any proceeding involving allegations of violation of human rights pending before a court, and under Section 18, it can recommend the registration of an FIR and the initiation of prosecution against delinquent public servants who failed to prevent the violence.

If the police in your area are downplaying a hate crime, you are not just a bystander. You are a citizen with the power to invoke the NHRC’s oversight to ensure that BNS Section 103(2) is applied and the Tehseen Poonawalla guidelines are followed.

Step-by-step playbook

1. Secure the evidence (Safely)

Before you file anything, you need documentation. If you have a video of the incident, do not just share it on WhatsApp—this can lead to the evidence being tampered with or you being accused of spreading rumours.

• Screen-record or download: Save the original source link and the video.
• Note the metadata: If you took the video, keep the original file (don't just use a forwarded version).
• Anonymity: If you fear for your safety, you can report anonymously, but having a witness statement makes the case much stronger. For online evidence, check our guide on the Cyber Crime reporting portal.

2. File a formal Police Complaint (Section 173 BNSS)

Do not just "inform" the police; file a formal complaint.

• What to write: Explicitly mention that the attack was by a "group of five or more" and specify the "grounds" (caste, community, religion) to ensure it is registered under Section 103(2) BNS and not just general assault.
• The Zero FIR: If the incident happened in a different district, you can still file a "Zero FIR" at any police station. They are legally bound to register it and transfer it to the relevant station. See our guide on How to file an FIR (and what to do if police refuse).

3. Escalate to the Nodal Officer

If the local SHO (Station House Officer) refuses to register the FIR or omits the names of the attackers:

• Contact the District Nodal Officer: Every district in UP is required to have a DSP-rank officer for mob violence. Send them a written complaint via Registered Post AD.
• Section 173(4) BNSS: If the SHO refuses, send the substance of the information in writing to the SP. If the SP is satisfied that the information discloses a cognizable offence, they must either investigate it themselves or direct an investigation.

4. File a complaint with the NHRC / UPSHRC

When the police are complicit or inactive, move to the Human Rights Commission. You can approach the National Human Rights Commission (NHRC) or the UP State Human Rights Commission (UPSHRC).

• Where to go: Use the HRCNet Portal. It is a unified portal for filing complaints.
• What to include: Mention the failure of the police to follow the Tehseen Poonawalla guidelines. Specifically state that the police failed to prevent the assembly or failed to arrest the accused despite evidence.
• Timeline: The NHRC usually takes up the matter within 24–48 hours for "urgent" matters involving life and liberty.

5. Demand the Social Audit and Compensation

Under the SC guidelines, the state must provide compensation.

• Interim Relief: File an application with the District Legal Services Authority (DLSA) for interim compensation under the UP Victim Compensation Scheme.
• Transparency: Use the Right to Information Act to ask about the status of the investigation and whether the Nodal Officer has filed their mandatory monthly report on lynching incidents in the district. File an RTI online to keep the pressure on.

6. Monitor the Trial

If an FIR is registered, the trial must be fast-tracked. If you are the complainant or helping the victim's family, ensure that the Public Prosecutor is pushing for day-to-day hearings as mandated by the Supreme Court. For more on navigating the legal system, Browse all civic-action guides.

Where it usually breaks

The gap between the law and the ground reality is often filled with "procedural delays" designed to make you give up. Here is where the process usually stalls and how to push through:

1. The "Private Dispute" Gaslight Police often try to register mob violence as a simple "fight" or "scuffle" under Section 115 (Voluntarily causing hurt) of the BNS to avoid the paperwork and scrutiny that comes with a hate crime.

• The Workaround: When filing your complaint or statement under Section 173 of the BNSS, use the specific keywords from Section 103(2) BNS: "acting in concert," "group of five or more," and "on the ground of [caste/community/belief]." If the FIR doesn't reflect these, do not sign it. Immediately send a copy of your version to the Superintendent of Police (SP) via Registered Post AD.

2. The NHRC "Mute Spectator" Mode As highlighted by the Allahabad High Court, the NHRC sometimes dismisses complaints by stating the matter is sub-judice (pending in court) or that a State Human Rights Commission (SHRC) is already looking into it.

• The Workaround: In your NHRC petition, specifically cite the Allahabad High Court’s observation that the Commission cannot remain silent when human rights are being "vandalised." Explicitly state if the local police are being complicit or if the SHRC has failed to act for over 30 days. Under Section 18 of the PHRA, the NHRC has the power to intervene even in ongoing court cases if there is a gross violation of rights.

3. The "Identity Leak" Fear Reporting hate crimes in sensitive areas can put you at risk. While the NHRC portal allows for "third-party" complaints, your contact details are often visible to the local police during the "Action Taken Report" (ATR) stage.

• The Workaround: If you fear for your safety, file the complaint through a registered NGO or a lawyer. Alternatively, use the NHRC’s "Madad" helpline (14433) and request that your identity be kept confidential under the Witness Protection Scheme guidelines mentioned in the Tehseen Poonawalla judgment.

4. Portal Errors and "Action Taken" Lies The NHRC portal might show a case as "Closed" once the police file a report saying "no such incident occurred."

• The Workaround: You have the right to file a "Rejoinder" or a "Review Petition" within 30 days of the case being closed. Attach your evidence (video links, news reports, medical records) to prove the police report is false.

Templates / script

A. Complaint to the NHRC (Online Portal / Email)

To: The Registrar (Law), National Human Rights Commission, New Delhi. Email: [email protected]

Subject: Complaint regarding Mob Violence under Section 103(2) BNS and non-compliance with Tehseen Poonawalla guidelines in [District Name].

Body: I am writing to bring to your urgent attention a gross violation of human rights that occurred on [Date] at [Specific Location].

1. The Incident: A group of approximately [Number] individuals attacked [Victim Name/Community] on the grounds of [Caste/Religion/Belief]. (Describe the violence briefly).
2. Legal Violation: This is a clear offence under Section 103(2) of the Bharatiya Nyaya Sanhita (BNS).
3. Police Inaction: Despite the incident, the local police at [Police Station Name] have [failed to register an FIR / registered a diluted FIR / failed to provide protection]. This is a direct violation of the Supreme Court’s mandate in Tehseen S. Poonawalla v. Union of India (2018).
4. Prayer: I request the Commission to: a) Direct the Director General of Police (DGP) to submit a factual report within 48 hours. b) Recommend the immediate suspension of the jurisdictional SHO for failure to prevent mob violence. c) Ensure interim compensation to the victim/family as per the State Victim Compensation Scheme.

Name: [Your Name/Anonymous] Phone: [Your Number]

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B. Script for calling the NHRC Helpline (14433)

You: "Namaste, I want to report a case of mob lynching and police inaction in [District, State]." Operator: "Has an FIR been filed?" You: "The police are refusing to register it under Section 103(2) of the BNS. They are calling it a minor scuffle. I am calling because the NHRC is mandated to intervene when the local administration fails, as per the recent Allahabad High Court directions. I have video evidence. Please give me a diary number for this complaint."

FAQs

1. Do I need to be a relative of the victim to complain to the NHRC? No. Under Section 12 of the PHRA, the NHRC can take up a case suo motu (on its own) or on a petition presented by the victim "or any person on his behalf." Any concerned citizen can file a complaint. You don't need locus standi (a personal stake) in human rights cases.

2. Is there a fee for filing a complaint with the NHRC? No. Filing a complaint with the NHRC or any SHRC is absolutely free. If anyone asks for money or "processing fees," they are trying to scam you. You can even send your complaint on a plain piece of paper via post to GPO Complex, INA, New Delhi - 110023.

3. What if the police file a "Counter-FIR" against the victim? This is a common tactic to force a compromise. Mention this specifically in your NHRC complaint. Cite the Tehseen Poonawalla judgment, which says that the state must provide "legal aid" and "protection" to the victim. The NHRC can ask for the case to be transferred to an independent SIT (Special Investigation Team).

4. How long does it take for the NHRC to act? For "urgent" matters involving a threat to life, the NHRC can take up the case within 24 hours. For regular cases, they usually call for a report from the state government within 4 to 6 weeks. If you don't get a response, file an RTI with the NHRC's CPIO (Central Public Information Officer) asking for the status of your diary number.

5. Can the NHRC punish the mob? The NHRC is not a criminal court; it cannot jail people. However, it can recommend that the government pay compensation (often ₹1 lakh to ₹5 lakh or more) and recommend that the police register a criminal case and prosecute the offenders. Their recommendations carry heavy weight in the High Court.

6. What if the incident happened more than a year ago? Under Section 36(2) of the PHRA, the NHRC cannot inquire into any matter after the expiry of one year from the date on which the act was committed. If you are late, you must approach the High Court via a Writ Petition instead.

7. Is the NHRC portal available in Hindi? Yes, the hrcnet.nic.in portal and the physical forms are available in both Hindi and English. You can write your complaint in any language listed in the 8th Schedule of the Constitution.