The Delhi High Court has suspended the life sentence of Kuldeep Singh Sengar, a former Uttar Pradesh MLA convicted in the 2017 Unnao rape case, triggering a complex legal debate. The core of the issue lies in whether Sengar, as an MLA, can be classified as a "public servant" under the Protection of Children from Sexual Offences (POCSO) Act.

A division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar concluded that Sengar's actions did not constitute "aggravated penetrative sexual assault" as defined by Section 5 of the POCSO Act, as that section applies to individuals holding positions of authority, specifically "public servants," and the court determined Sengar did not fall into that category. The court has clarified that the definition of "public servant" within the Prevention of Corruption Act does not apply in this instance. Section 2 of the POCSO Act specifies which definitions can be used, and the Prevention of Corruption Act is not among them. The High Court referenced a Supreme Court judgment in the AR Antulay case, which stated that an MLA is not considered a public servant under the Indian Penal Code (IPC).

In 2019, the trial court had convicted Sengar, arguing that as an MLA, he qualified as a public servant under POCSO, leading to a stricter sentence, specifically imprisonment for the remainder of his natural life. The Delhi High Court has now rejected this reasoning.

Section 5 of the POCSO Act outlines situations where penetrative sexual assault against a child is considered aggravated, carrying a minimum sentence of 20 years, potentially extending to life imprisonment. These situations include when the perpetrator is a public servant, police officer, member of the armed or security forces, or staff of hospitals or prisons. The Delhi High Court noted that the POCSO Act itself does not define "public servant," and the trial court incorrectly used the Prevention of Corruption Act to define the term.

The FIR against Sengar in 2018 included charges under Sections 3 and 4 of the POCSO Act, related to penetrative sexual assault and its punishment, along with IPC provisions for rape. The case was transferred to Delhi by the Supreme Court, with directives for a speedy trial.

The suspension of Sengar's sentence is pending a final decision on his appeal against his life sentence. He was initially sentenced in December 2019 after being found guilty under Section 376(2) of the IPC (rape) and Sections 5(c) and 6 of the POCSO Act for the rape of a minor. The CBI investigated and prosecuted the case.

In a separate but related matter, Sengar was also found guilty of culpable homicide not amounting to murder in connection with the custodial death of the rape survivor's father, who had been allegedly framed in an illegal arms case. He received a 10-year prison sentence for this crime, and he has a pending appeal and sentence suspension plea before the Delhi High Court.