Johnson's comments comparing women who wear the burka to "bank robbers" and "letter boxes" would not "reach the bar" for a criminal offence, the Metropolitan Police commissioner Cressida Dick has said.
Commissioner Cressida Dick admitted that "some people have clearly found it offensive" but that officers that specialise in dealing with hate crime believed "he did not commit a criminal offence".
She stressed no allegation had yet been received that Mr Johnson committed a hate crime.
Speaking to the BBC's Asian Network, Ms Dick said: "I'm not a Muslim woman... I know that many people have found this offensive.
"I also know that many other people believe strongly that in the whole of the article, what Mr Johnson appears to have been attempting to do was say that there shouldn't be a ban - and that he was encouraging legitimate debate."
She continued: "I have to think of this as a police officer. "I can tell you that some people have clearly found it offensive.
"I can also tell you that I spoke last night to my very experience officers who deal with hate crime.
"And although we have not yet received any allegation of such a crime, I can tell you that my preliminary view from having spoken to them is that what Mr Johnson said would not reach the bar for a criminal offence.
"He did not commit a criminal offence."
Earlier this week, a source close to Mr Johnson said it was "ridiculous" his views were "being attacked".
"We must not fall into the trap of shutting down the debate on difficult issues," they told Sky News.
"We have to call it out. If we fail to speak up for liberal values then we are simply yielding ground to reactionaries and extremists."
What is a burka, niqab or hijab?
Hijab: The word, meaning "barrier" and referring to the act of covering up in general, is used to describe headscarves warn by Muslim women.
They come in different styles and colours, but those commonly worn in the UK cover the head and neck and leave the face clear.
Niqab: The niqab is a veil covering the face which leaves an area around the eyes clear. It is worn with a headscarf, and can also be worn with a separate eye veil.
Burka: The burka is a one-piece veil that covers the entire face and body. It has just a mesh screen for women to see through.
A Sky Data poll has since found 45% think Mr Johnson should apologise for his comparison of Muslim women who wear the burka.
Some 48% think he should not apologise.
People in Mr Johnson's former stomping ground of London are most critical of the man they twice elected mayor, saying he should apologise by 51% to 41%. - Sky News
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