Supreme Court to Define ‘Public Servant’ Under POCSO, Bars Sengar’s Release

The Supreme Court on Monday stayed the Delhi High Court’s order suspending the life imprisonment sentence of BJP leader-turned-accused in the 2017 Unnao rape case, Kuldip Singh Sengar. The apex court clarified that Sengar will not be released from jail.

Key Questions Raised by Justice J.K. Maheshwari
During proceedings, Justice J.K. Maheshwari questioned why the High Court’s suspension order did not clearly address whether Sengar was guilty under Section 376(2)(i) of the IPC. The matter will now proceed in the Supreme Court, where a significant determination will be made regarding the definition of ‘public servant’ under the POCSO Act and the criteria for granting suspension of sentences in such cases.

Victim’s Right to File Separate Petition
The Supreme Court also emphasized that the victim retains the statutory right to file a Special Leave Petition (SLP) independently and does not require prior permission from the court. The court further stated that the Legal Services Committee will provide free legal assistance if required, and the victim may also proceed through her own counsel.

CBI Cites Advani Case
In its appeal, the CBI referenced the L.K. Advani case, asserting that any individual holding public office, including MPs or MLAs, should be considered a public servant. The agency argued that the High Court erred in declaring that Sengar, who was an MLA at the time of the offense, could not be prosecuted under the POCSO Act as a public servant, and accordingly granted him bail.

High Court’s Legal Misinterpretation
The CBI contended that the High Court failed to recognize that an elected legislator, by virtue of holding constitutional office, possesses public trust and authority over voters, along with elevated duties toward the state and society. According to the agency, the High Court’s interpretation did not align with the purpose and intent of the POCSO Act, resulting in a judicial error.

This ruling could have far-reaching implications in clarifying the scope of the POCSO Act concerning public office holders and ensuring stricter accountability in cases involving sexual offenses against minors.