New Delhi: The Central Bureau of Investigation (CBI) has approached the Supreme Court of India to challenge a controversial order passed by the Delhi High Court, which suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar and granted him bail in the 2017 Unnao rape case.
The Special Leave Petition (SLP) filed by the premier investigating agency assails the High Court’s decision dated December 23, 2025, to release Sengar while his appeal against his conviction is still pending. The CBI has contended that the High Court’s ruling is "legally unsustainable" and risks diluting the protective framework of the Protection of Children from Sexual Offences (POCSO) Act
The legal crux of the CBI’s challenge lies in a technical interpretation of the term "public servant." While granting bail, the Delhi High Court had prima facie observed that Sengar could not be categorized as a “public servant” within the meaning of Section 5(c) of the POCSO Act and Section 376(2) of the Indian Penal Code (IPC).
Section 5(c) of the POCSO Act deals with "aggravated penetrative sexual assault" committed by a public servant. Offences under this section carry a much more stringent punishment—a minimum of 20 years in jail, extending to life imprisonment for the remainder of the convict's natural life.
The High Court reasoned that since the POCSO Act does not independently define a "public servant," it must rely on the definition provided in the IPC. Following a narrow interpretation, the Court suggested that an MLA (Member of the Legislative Assembly) does not fall under the specific categories of public servants listed in Section 21 of the IPC. Consequently, the Court held that the "aggravated" provisions might not apply to Sengar, leading it to suspend his sentence.
In its petition to the Supreme Court, the CBI has taken strong exception to this reasoning. The agency argued that the High Court adopted a "narrow and technical" interpretation that defeats the very objective of the POCSO Act.
Key grounds of the CBI's appeal include:
Object of the Statute: The CBI submitted that POCSO is a special welfare legislation designed to provide enhanced protection to children. The agency argued that any abuse of authority by an elected representative should be treated as an aggravating circumstance, rather than allowing them to escape through technical loopholes.
Gravity of the Offence: The plea emphasized that in cases involving the rape of a minor, the suspension of a life sentence should be a rare exception. The CBI pointed out that the Supreme Court has consistently held that for heinous crimes, long incarceration alone is not a sufficient ground for bail.
Threat to the Victim: The agency raised serious concerns regarding the safety of the survivor. Given Sengar's past conduct and the immense influence he wielded as a powerful legislator, the CBI argued that his release poses a real risk of witness intimidation and undermines public confidence in the criminal justice system.
Legal Precedents: The CBI cited various Supreme Court precedents (such as the P.V. Narasimha Rao case) which have, in different contexts like the Prevention of Corruption Act, recognized MPs and MLAs as public servants because they perform public duties.
The High Court’s order triggered immediate protests. On Tuesday evening, the Unnao rape survivor staged a protest at India Gate, expressing her fear and sense of betrayal. “If such a rape accused comes out, how will we be safe?” she asked, alleging that the timing of the bail was linked to upcoming political developments.
Her legal team, led by Advocate Mehmood Pracha, also criticized the High Court's observation on the "public servant" definition, noting that the trial court had correctly relied on the broader understanding of authority figures to award the life sentence in 2019.
Background of the case
Kuldeep Singh Sengar, a former four-time MLA, was convicted in December 2019 by a Special CBI Court for the kidnapping and rape of a minor girl in Unnao in 2017. He was sentenced to imprisonment for the "remainder of his natural life."
The case gained nationwide attention not only for the gravity of the crime but also for the alleged state-sponsored harassment of the victim’s family. In 2020, Sengar was also sentenced to 10 years in prison for his role in the custodial death of the survivor's father.
What happens next?
While the Delhi High Court has suspended his sentence in the rape case, Sengar remains in custody because his sentence in the custodial death case has not yet been suspended.
The Supreme Court’s intervention will now be crucial in deciding whether a lawmaker—who is entrusted with the duty of making laws—can be excluded from the definition of a "public servant" when they are accused of violating the very laws they help create. The apex court's decision will likely set a major precedent for the interpretation of the POCSO Act across India.
Case Title: Central Bureau of Investigation v. Kuldeep Singh Sengar
Court: Supreme Court of India