Table of Contents
Unnao Case
Background.
Unnao Case
The unnao case gangrape
1.The unnao case gangrape case revolves around the gang rape of a 17-year-old girl in the year 2017 and the unfortunate incidents that took place afterward.
4th June 2017: The victim was lured into the home of the accused, Kuldeep Singh Sengar (who was a BJP MLA), by a woman named Shashi Singh, with the promise of a job, and She was allegedly raped by Sengar.
2 . Date: 8th April, 2018: After the police had failed to act for an entire year, the victim attempted ‘self-immolation in front of the residence of the UP Chief Minister.’
April 9, 2018: The victim’s father passed away in police/judicial custody. He had been arrested for “false” violations of the Arms Act after being beaten up by Sengar’s brother, Atul Singh, and his followers.
3. July 28, 2019: The truck, with a blackened license plate, rammed the vehicle carrying the victim, her aunts, and her lawyer. The two aunts died instantly, while the victim and her lawyer were critically injured.
August 2019: As the nation was in an outrage, the Supreme Court, taking suo motu cognizance, transferred all cases related to the issue from Lucknow to Delhi.
4. The case has resurfaced because of a tussle between the Delhi High Court and the Supreme Court with regard to the “status” of an MLA.
5. The Delhi HC stayed the life sentence imposed on Sengar and released him on bail (conditional) after spending 7 years in jail. The reasons for the court’s decision were based on a legal technicality:
“The Public Servant” Question: The HC held that an MLA is not a “public servant” within the context of the POCSO Section 5c definition.
Impact: This means that, unless he is a public servant, the offence described as “aggravated penetrative sexual assault” (which warrants a life sentence) may not apply in the intended manner. The Supreme Court Stay
6. (Dec 29, 2025) In the present scenario, the Supreme Court has stayed the order of the Delhi HC. Dominant Position: The SC (and the CBI) held that Sengar was in a position of “dominance,” irrespective of the technical definition of a ‘public servant.’ Current Updates: Sengar is still inside the jail. Currently, he is undergoing an additional 10-year imprisonment sentence for the custodial death of the father of his victim.
Syllabus
(GS Paper II – Polity)
(GS Paper IV)
Section
| Section | Legal Significance |
| Section 21 IPC | Defines who a “public servant” is. The debate is whether MLAs fall under this for POCSO aggravated charges. |
| Section 5(c) POCSO | Pertains to “aggravated penetrative sexual assault” by a public servant. |
| Judicial Activism | The SC’s transfer of the case to Delhi is a prime example of ensuring “Complete Justice” under Article 142. |
| Witness Protection | The truck accident highlighted the extreme failures in witness protection protocols in India. |
GS Paper II: Governance & Polity
- GS Paper II: Governance & Polity
Topic: The Definition of “Public Servant”
The primary legal issue in December 2025 is whether or not an MLA is a “public servant.”
Topic: The Definition of “Public Servant”
The Conflict: The Trial Court referred him to be a public servant through the Prevention of Corruption Act of 1988. Recently, however, the Delhi High Court held that under POCSO and IPC, being an MLA, one cannot be said to fall within Section 21 of the IPC definition.
Aspirant’s Focus: Understanding Section 21 of the IPC in the AR Antulay case of 1984.
Key Question: Is the means of interpreting the key question of “position of power” textual or intentional?
Subject: Judicial Activism & Article 142
Background: The Supreme Court utilized its special powers to shift the case trail from the state of Uttar Pradesh to the city of Delhi.
Related to this is the topic of “Complete Justice,” which is applicable in circumstances where local politics become relevant to the justice process, potentially impacting trial justice.
GS Paper IV: Ethics, Integrity, & Aptitude
It is a perfect Case Study for Ethics.
The “Abuse of Power” Framework
By
Collusion: The complainant alleged collusion between the Investigating Officer (IO) and Sengar, where the IO used bogus school papers to establish that the minor was an adult to reduce the charges brought under the POCSO Act.
Case:
Ethical Dilemma: Balancing the “Rule of Law” with “Political Pressure Values at Stake: Accountability, Integrity, Justice for the Vulnerable, and Impartiality of Public Servants.
3. GS Paper I: Social Issues Subject: Women Empowerment and Criminal Justice The Fight for FIR: It took a year, and the attempt at self-immolation, for the law to move. This is the level of resistance faced by rape victims in India, particularly when the offender is a political one.