Bengal

Kolkata: A three-judge Bench of the Calcutta High Court held by a 2:1 majority that a juvenile or “child in conflict with law” is legally entitled to apply for anticipatory bail under Section 438 of the CrPC.

With the majority view prevailing, juveniles may now approach the High Court or Court of Session for anticipatory bail where there is a genuine apprehension of arrest.

According to legal experts, the ruling settles a long-debated question on whether the Juvenile Justice (Care and Protection of Children) Act, 2015 implicitly bars minors from seeking pre-arrest protection.

The matter arose out of a plea filed by four minors apprehending arrest in connection with offences registered at Raghunathganj Police Station. Faced with differing judicial views on whether the Juvenile Ju

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