DELHI HIGH COURT SUSPENDS KULDEEP SINGH SENGAR'S LIFE SENTENCE IN UNNAO RAPE CASE: SECTION 5(C) OF POCSO ACT NOT APPLICABLE:

The Delhi High Court, in a recent ruling, suspended the life imprisonment sentence imposed on former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case involving a minor survivor. A division bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar took a prima facie view that the aggravated penetrative sexual assault charge under Section 5(c) of the Protection of Children from Sexual Offences (POCSO) Act did not apply to Sengar, primarily because he could not be classified as a public servant at the relevant time.

The trial court had previously convicted Sengar on the basis that, as an elected MLA, he qualified as a public servant, thereby attracting the aggravated offence provisions under Section 5 of the POCSO Act and Section 376(2)(b) of the Indian Penal Code (IPC). These sections cover enhanced penalties, including a minimum of 20 years' imprisonment extending to life, when such crimes are committed by individuals in positions like public servants, police officers, armed forces members, or staff in hospitals or jails. Disagreeing with this interpretation, the High Court held that Sengar did not fall under Section 5(c) of the POCSO Act. The bench also observed that he could not be placed under Section 5(p), which applies to persons in positions of trust or authority over the child.

In the absence of an aggravated offence, the court determined that the case would fall under the basic provision of penetrative sexual assault as outlined in Section 3, punishable under Section 4 of the POCSO Act. Prior to the 2019 amendments, this carried a minimum sentence of seven years' imprisonment. Sengar had already served approximately seven years and five months in custody by late November 2025, exceeding this minimum threshold. The bench expressed satisfaction that, given the non-applicability of Section 5(c), the exclusion of aggravated charges, and the time already spent in incarceration, suspension of the sentence was warranted pending the appeal.

The court clarified that its prima facie opinion, formed solely for the purpose of deciding the suspension application, meant Sengar could not be subjected to life imprisonment under the aggravated provisions of the POCSO Act or the IPC. It rejected arguments from the survivor's counsel that alleged compromises in the investigation or threats to the survivor's safety should prevent suspension, noting that fears about police protection could not justify indefinite detention and would undermine law enforcement efforts.

To address safety concerns raised on behalf of the survivor, the bench directed the Deputy Commissioner of Police in her current area of residence to personally oversee and supervise her security arrangements during the appeal's pendency. The state was instructed to continue providing accommodation, with the Delhi Commission for Women responsible for ensuring adequate facilities. The survivor was also assured the right to approach the court directly for any further needs. While granting bail, the High Court imposed strict conditions: Sengar must stay within Delhi to remain available for proceedings, avoid coming within a five-kilometre radius of the survivor's residence, and refrain from any attempts to influence or threaten her or her family. Violation of these terms would result in immediate bail cancellation.

Sengar was originally convicted for raping the minor in Unnao district and for orchestrating the custodial death of her father with police complicity, leading to a life sentence in the rape matter. The Supreme Court had transferred the cases from Uttar Pradesh to Delhi's Tis Hazari Courts in 2019, following the survivor's plea, and mandated a swift daily trial. Although the rape sentence suspension allows conditional release in that case, Sengar remains incarcerated due to a separate 10-year term in the father's death matter.