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Can anticipatory bail under CrPC be sought by juvenile: Calcutta High Court larger bench to examine

On a detailed examination of the issue, it was found that there were safeguards provided to a child in conflict with the law should they be apprehended by the police under the Juvenile Justice (JJ) Act. Thus, an application for anticipatory bail was not maintainable, it was held,

In the 2015 enactment the legislature did not, consciously, empower the police to arrest a child in conflict with law. Accordingly, we are of the considered view that an application for anticipatory bail under section 438 of the Criminal Procedure Code at the instance of a child in conflict with law is not maintainable,” the High Court ruled.

Source: Barandbench

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