Paper: GS – II, Subject: Polity, Topic: Judiciary and Tribunals, Issue: Definition of ‘Public Servant’.
Context:
The Delhi High Court suspended the life sentence awarded to a former MLA in the 2017 Unnao rape case while hearing his appeal, citing a legal issue related to the interpretation of the term “public servant” under the POCSO Act. The order has drawn attention to how aggravated offences are defined and applied in criminal law.
Key Takeaways:
| What is the POCSO Act? The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a special criminal law enacted to protect children from sexual offences. It is based on three core principles: Best interest of the child Child-friendly procedures Stringent punishment for abuse of authority or trust The Act classifies offences into: Sexual assault Penetrative sexual assault Aggravated penetrative sexual assault, which attracts higher punishment. Background: Meaning of ‘Aggravated Offence’ An offence becomes aggravated when committed by a person who: Holds authority, trust, or power over the victim, or Occupies a position that enables influence, coercion, or intimidation. One such category is when the offence is committed by a “public servant”. |
Statutory Position on ‘Public Servant’:
- The POCSO Act does not define “public servant”.
- In the absence of a definition, courts rely on the Indian Penal Code (IPC).
- Section 21 of the IPC defines a public servant primarily as:
- A person in the service or pay of the government, or
- A person entrusted with public duties by the government.
- This definition is narrow and role-based.
Interpretation Applied by the Court:
- An elected legislator is a constitutional representative, not a government employee.
- While the Prevention of Corruption Act (PCA) adopts a broader definition of public servant (including MPs and MLAs), this definition is statute-specific.
- Criminal law follows the principle of strict construction, meaning: Courts cannot expand the scope of criminal liability by analogy or implication.
- As a result, the aggravated offence provision under POCSO was found prima facie inapplicable.
Nature of the High Court’s Order:
- The court ordered suspension of sentence, not acquittal.
- Suspension is granted when:
- There is a substantial legal question, and
- The appeal is likely to take time for final disposal.
- The accused remains subject to other convictions and legal restrictions, if any.
Concerns Regarding Survivor Protection:
- The case has a history of allegations relating to threats and intimidation faced by the survivor and her family.
- Courts have acknowledged the need for survivor safety.
- However, in appellate proceedings, legal infirmity in conviction remains the primary consideration for suspension of sentence.
Broader Issues Highlighted:
- Differences in statutory definitions can affect uniform application of criminal law.
- Power exercised by elected representatives may not always be captured within formal legal categories.
- The case highlights the importance of precise legislative drafting, especially in serious criminal offences.
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