Calcutta High Court: Juveniles Entitled to Pre-Arrest (Anticipatory) Bail Under Section 438 CrPC

The Calcutta High Court’s Full Bench has held that juveniles (children in conflict with law) can apply for anticipatory bail under Section 438 CrPC.

The Court found no conflict between the Juvenile Justice (Care & Protection of Children) Act, 2015 and Section 438 CrPC, noting the JJ Act applies after a child is apprehended, while anticipatory bail protects liberty before any arrest

It emphasised that a child’s liberty is as protected under Article 21 as that of any adult, and depriving access to pre-arrest bail would undermine fundamental rights.

[Suhana Khatun & Ors v State of West Bengal]