POSCO and Law on “suspension of sentence” — explained
Context
The case relates to the 2017 Unnao rape case, where the survivor was a minor.
The accused was a sitting MLA at the time.
He was convicted in 2019 and sentenced to imprisonment for the remainder of his natural life.
In December 2025, the Delhi High Court suspended his life sentence and granted bail during appeal.
What is “suspension of sentence”?
After conviction, the punishment starts immediately.
But the convicted person can appeal.
During appeal, courts may temporarily stop the punishment.
This temporary stopping is called suspension of sentence.
Important:
Guilt remains.
Only the punishment is paused.
Legal provision
Section 389, CrPC (1973)
Now Section 430, BNSS (2023)
When do courts usually suspend sentences?
(A) Short or fixed-term sentences → Normally suspended
Reason: Appeal may take time; person may finish sentence before appeal ends.
Case
Bhagwan Rama Shinde Gosai vs State of Gujarat (1999)
Supreme Court:
Suspension should be liberal for short sentences.
(B) Life imprisonment / very serious crimes → Rarely suspended
Reason: Gravity of offence + impact on society and victim.
Courts must examine:
Seriousness of crime
Brutality / abuse of power
Chances of acquittal
Risk of intimidation or threat to victim
Key Supreme Court cases explaining strict rules
Case 1: Shivani Tyagi vs State of Uttar Pradesh
Acid attack case.
Court said:
Long jail time alone is NOT enough to suspend sentence.
Rule:
Severity matters more than duration.
Case 2: Chhotelal Yadav vs State of Jharkhand
Life imprisonment case.
Supreme Court held:
Suspension allowed only if there is a clear error in trial judgment.
Court must see real possibility of acquittal.
Case 3: Jamna Lal vs State of Rajasthan
POCSO case.
Supreme Court ruled:
Findings like age of victim cannot be lightly questioned at suspension stage.
What went wrong in the Delhi High Court order
Issue 1: “Public servant” under POCSO
POCSO gives higher punishment if crime is done by a public servant.
POCSO does not define public servant.
It borrows meaning from IPC Section 21.
IPC does NOT include MLAs as public servants.
Earlier approach (Trial court)
Used Prevention of Corruption Act (PCA) definition.
PCA includes MLAs.
Delhi High Court approach
Said:
Cannot import PCA definition.
MLA is not a public servant under POCSO.
Result:
Crime treated as less aggravated
Sentence suspended
Why this interpretation is criticised
Logical problem
Police constable = public servant
Village accountant = public servant
Elected MLA = not public servant
This weakens child protection.
Supreme Court’s child-friendly interpretation cases
Case 1: Independent Thought vs Union of India (2017)
SC removed marital rape exception for minors.
Message:
Child protection laws must be interpreted broadly.
Case 2: Attorney General for India vs Satish (2021)
Bombay HC wrongly said “skin-to-skin touch” required.
SC rejected this narrow view.
Said:
POCSO must protect children, not offenders.
Supreme Court’s response in the Unnao case
Supreme Court:
Stayed Delhi High Court order
Issued notice
Signalled that:
Suspension was granted too easily
POCSO interpretation may be flawed
Prelims Practice MCQ
Q. Suspension of sentence under Section 389 of the Code of Criminal Procedure implies:
a) Temporary suspension of conviction
b) Setting aside of the trial court judgment
c) Temporary suspension of execution of punishment pending appeal
d) Grant of pardon by the appellate court
Answer: c
Explanation:
Suspension of sentence only pauses the punishment, not the conviction. The finding of guilt continues to operate during appeal.