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Unnao verdict: When MLA isn’t ‘public servant’

A public servant has a higher sentence than a person who is not a public servant.

Updated on: Dec 25, 2025, 23:04:25 IST

By Ayesha Arvind, Bengaluru

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The Delhi High Court’s decision to suspend the life sentence of expelled Bharatiya Janata Party MLA Kuldeep Singh Sengar in the 2017 Unnao rape case has triggered legal and public debate, not just because of the seeming injustice of it all, but because it relies on a technical yet far-reaching question of statutory interpretation: is a legislator a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act.

The court ordered Sengar’s release pending his appeal, noting that he has already undergone about 7 years and 5 months of imprisonment following his conviction by a trial court. (Representational image)

At the heart of the controversy lies the court’s prima

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ABOUT THE AUTHOR

...Read MoreAyesha Arvind is a Senior Assistant Editor specialising in legal and judicial reportage. She covers High Courts and tribunals across southern India, and believes that important legal developments do not only come from New Delhi. Her work focuses on bringing significant decisions and developments from the region to a wider audience and explaining what they mean beyond the courtroom. She tries to make legal material accessible by translating legal jargon into clear, readable prose and putting pleas, lawsuits, judgments and legal developments in context. She also looks at their political realities and practical consequences for people. Ayesha is committed to the standards of integrity journalism requires. She places a premium on accuracy and fairness, and believes that journalism's powerful voice must be tempered by humility and a sense of proportion. Over almost two decades in journalism, she has covered law and order, civil law, crime and other areas of legal affairs. Her work includes breaking news, legal affairs stories, online analysis and commentary. Ayesha is deeply interested in the law, court judgments and the Constitution because they shape everyday life. She believes every citizen should have a basic understanding of them. What she enjoys most about covering courts is that every story brings something new to learn. Read Less

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