Supreme Court Stays Delhi High Court Order Suspending Kuldeep Sengar’s Life Sentence in Unnao Rape Case

New Delhi, Dec 2025 : The Supreme Court on Monday stayed a Delhi High Court order that had suspended the life sentence of expelled Bharatiya Janata Party (BJP) leader Kuldeep Singh Sengar in the 2017 Unnao rape case, ensuring that the former Uttar Pradesh MLA will remain behind bars for now. The top court also issued notice to Sengar on an appeal filed by the Central Bureau of Investigation (CBI), challenging the High Court’s decision.

A three-judge vacation bench comprising Chief Justice of India Surya Kant and Justices J.K. Maheshwari and Augustine George Masih passed the order after hearing arguments from both sides. While staying the High Court’s December 23 order, the bench made it clear that Sengar would not be released from jail, particularly as he continues to be in custody in connection with another criminal case.

“We are aware that normally this Court does not stay such orders without hearing the accused. However, considering the special circumstances of the present case, where the respondent has been convicted in another serious matter, we deem it appropriate to stay the operation of the High Court’s order,” the bench observed. It directed Sengar to file his response within four weeks.

During the hearing, Solicitor General Tushar Mehta, appearing for the CBI, strongly objected to the High Court’s interpretation of the Protection of Children from Sexual Offences (POCSO) Act. He argued that for the purposes of the Act, the term “public servant” should not be interpreted narrowly and must include individuals who exercise significant influence and authority over the victim.

Mehta contended that Sengar, who was a powerful MLA at the time of the incident, clearly occupied a position of dominance and influence in the area. “Under POCSO, a public servant is not limited to government employees alone. Any person who holds authority or influence over a child and abuses that position must be brought within the scope of aggravated sexual assault,” he said.

Senior advocates Siddharth Dave and N. Hariharan, representing Sengar, countered the CBI’s submissions. They argued that a legislator could not automatically be treated as a “public servant” for the purposes of aggravated offences under the POCSO Act. According to them, the High Court had rightly held that the specific provisions of Section 5 of the Act did not apply to Sengar.

However, the Supreme Court bench expressed concern over the broader implications of such an interpretation. The judges noted that under the High Court’s reading, lower-level government officials such as constables or patwaris would qualify as public servants under POCSO, while elected representatives like MLAs and MPs would be excluded.

“We are concerned about this interpretation. Are we to understand that a constable or a patwari is a public servant under POCSO, but an MLA or MP is not? This is something that requires serious examination,” the bench remarked, indicating that the issue raised important questions of law.

The Delhi High Court, in its December 23 order, had suspended Sengar’s sentence on the ground that a prima facie case of aggravated penetrative sexual assault under Section 5(c) of the POCSO Act was not made out against him. However, despite the suspension of sentence, Sengar continued to remain in custody as he had not been granted bail in another case related to the custodial death of the rape survivor’s father.

Challenging the High Court order before the Supreme Court, the CBI argued that the decision suffered from serious legal errors. The agency maintained that a sitting MLA holds a constitutional position of trust, performs public duties, and exercises authority that directly impacts citizens. Therefore, according to the CBI, such a person must be treated as a public servant under the POCSO Act.

Section 5 of the POCSO Act specifies circumstances under which penetrative sexual assault is considered aggravated. These include cases where the offence is committed by a public servant, a police officer, a member of the armed forces, or an employee of a hospital or prison. Aggravated sexual assault attracts stringent punishment, with a minimum sentence of 20 years, extendable to life imprisonment.

In 2019, a Delhi trial court convicted Sengar under provisions of the Indian Penal Code and the POCSO Act, sentencing him to life imprisonment. The court had categorically held that Sengar fell within the definition of a public servant. The case relates to the abduction and rape of a minor girl in Unnao district between June 11 and 20, 2017. The victim was later recovered after being sold, following a series of events that drew national outrage.

With the Supreme Court’s intervention, the High Court’s order has been put on hold, and the legal battle over the interpretation of “public servant” under the POCSO Act is now set to undergo closer judicial scrutiny.

Team Maverick