Why Delhi High Court Granted Bail in the Kuldeep Sengar Case | Legal Explanation

Описание: The Trial Court had convicted Kuldeep Sengar under the IPC and the POCSO Act for the sexual assault of a minor and the custodial death of the victim’s father, sentencing him to life imprisonment.

The foundation of this conviction was Section 5(c) of the POCSO Act, which deals with aggravated penetrative sexual assault committed by a public servant.

An offence is treated as “aggravated” when the accused holds a position of authority, trust, or dominance over the victim such as a teacher, police officer, or public servant.

The prosecution argued that since Kuldeep Sengar was an MLA, he should be considered a public servant, and on this basis, the Trial Court awarded life imprisonment in 2019.

In 2022, the accused challenged this before the Delhi High Court, arguing that:
• The POCSO Act does not define “public servant”
• Even under Section 21 of the IPC, an MLA is not included in the definition of a public servant

The Delhi High Court accepted this interpretation and held that an MLA does not fall within the legal definition of a public servant.

Consequently, the offence could not be classified as an aggravated offence under Section 5(c).
The Court held that the case would instead fall under Section 4 of the POCSO Act, which carries a minimum punishment of 7 years.
By 2025, the accused had already completed this period of imprisonment.
Accordingly, the Delhi High Court suspended the life sentence and granted bail.

The judgment triggered nationwide protests, following which the matter reached the Supreme Court of India.
On 29 December 2025, the Supreme Court stayed the Delhi High Court’s judgment.

It’s important to remember:
This is an interim stay, not a final decision.

The key question remains open:
Was the Delhi High Court’s legal interpretation correct, even if the outcome feels deeply uncomfortable?
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