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Learnbymaps UPSC Mindmaps: post #19604 — TG.ME

Learnbymaps UPSC Mindmaps@learnbymaps · 19.1K subscribers Open in TelegramOpen

t.me/learnbymaps/19604

August 31, 2026 108

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https://youtube.com/shorts/sk-3MOqmMyQ?si=-ohuxCN8-P2Zxsi0 163·Aug 31

[media post] 150·Aug 31

[media post] 110·Aug 31 🌧️ Monsoon Sale Ending Soon! 🌧️ Don’t miss out on the exclusive discounts on LearnByMaps! 📚✨ Grab your E-Books, Black & White Hard Copies & Colour Hard Copies before the sale ends. ⏳ Book your parcel NOW & save more! 🛍️🔥 Hurry! The Monsoon Sale is almost over! 🚨 105·Aug 31 Suspension of Sentence in Child Protection Cases The Supreme Court (SC) stayed the Delhi High Court’s (HC) order suspending the life sentence and granting bail to a former MLA from Unnao (Uttar Pradesh) in the 2017 Unnao rape case, raising critical questions on suspension of sentence, and interpretation of the POCSO Act, 2012. • The MLA was convicted and sentenced to life imprisonment for the rape of a minor. He was also convicted for the custodial death of the victim’s father. • Under Section 430 of the Bharatiya Nyaya Sanhita (BNS) 2023, a convict can seek suspension of sentence. However, for serious offences/life imprisonment, suspension is an exception, not the norm. • It is a discretionary judicial power and suspends only the punishment, not the finding of guilt. • The HC suspended the sentence primarily holding that an MLA is not a “public servant” under Section 21 of the Indian Penal Code, 1860, and thus the aggravated offence under Section 5(c) POCSO Act, 2012 was prima facie not made out. • It also considered his over 7 years of incarceration. In Kashmira Singh vs. State of Punjab (1977), the SC held that prolonged incarceration may result in injustice if the conviction or sentence is later modified. • Bhagwan Rama Shinde Gosai vs. State of Gujarat (1999): The SC held that suspension of a fixed-term sentence under appeal must be exercised liberally. • Conversely, for serious offences like life imprisonment, as reiterated in Shivani Tyagi Case (2024), suspension is rare and requires an objective assessment of the crime’s nature, gravity, and manner of commission. • Chhotelal Yadav vs. State of Jharkhand (2025): Suspension in life sentence cases is justified only when there is a palpable or gross error in the trial court judgment indicating possible acquittal. • Jamna Lal vs. State of Rajasthan (2025): The SC set aside a suspension of a 20-year POCSO sentence, holding that the trial court’s finding that the victim was a minor cannot be lightly unsettled (should not re-examine or reverse factual finding) at the suspension stage. • Delhi HC’s Controversial Interpretation: The Delhi HC adopted a narrow interpretation, relying on the IPC definition of ‘public servant’ (including judges, military officers, and arbitrators, but excluding legislators). • This contrasted with the trial court’s broader approach under the Prevention of Corruption Act, 1988, which defines it as any person performing a public duty, a key distinction since such offences attract enhanced punishment. • Only the IPC defines a public servant. POCSO Act, 2012, does not define a public servant. • SC’s Stance on Interpretation of POCSO Act, 2012: Precedents like Attorney General for India vs. Satish (2021) (rejecting without direct “skin-to-skin” contact, does not amount to “physical contact” narrow interpretation) and Independent Thought vs. Union of India (2017) (reading down marital exception for rape of a minor wife) affirm that child protection laws must be interpreted purposively, not narrowly or literally. 136·Aug 31

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