Why is it in News?
→ Supreme Court stayed Delhi HC’s order granting bail in the Unnao rape case.
→ The case raised issues on suspension of sentence and interpretation of POCSO Act.
Important Points:
- Former MLA was convicted for rape of a minor and custodial death of victim’s father.
- Section 430 of Bharatiya Nyaya Sanhita, 2023 governs suspension of sentence.
- Suspension of life sentence is an exception, not a norm.
- Delhi HC held MLA is not a public servant under IPC Section 21.
- Delhi HC considered over 7 years of incarceration.
- SC precedent states suspension in life sentences requires palpable trial error.
- POCSO Act does not define “public servant”.
- SC mandates purposive interpretation of child protection laws.