On Friday, a three‑judge panel at the Calcutta High Court ruled that juveniles can now seek anticipatory bail before they are even arrested. The verdict, delivered by Justices Jay Sengupta, Tirthankar Ghosh and Bivas Pattanayak, marks a historic change in India’s criminal‑law landscape.
Until now, only adults were eligible for anticipatory bail—a protection that lets a person apply for release before police detain them. Juveniles were left out because the Juvenile Justice (Care and Protection of Children) Act focuses on post‑arrest procedures and does not give the Juvenile Justice Board the power to grant anticipatory bail. The high court’s decision breaks that rule.
The bench split on the issue. Justices Sengupta and Ghosh supported giving juveniles the same bail option as adults, while Justice Pattanayak opposed it. A majority vote in favor of the younger accused prevailed, enabling any minor charged with a crime to file for anticipatory bail.
The judges highlighted that personal liberty is a right for all citizens, regardless of age. They argued that the law should treat juveniles equally when it comes to freedom of movement before arrest. By extending anticipatory bail to minors, the court also underscores the need for a more balanced approach between safeguarding children’s rights and ensuring public safety.
Legal experts hail this order as a milestone. No other high court in India has yet issued a ruling that expands bail rights to vulnerable populations in this way. The decision is expected to influence future cases involving juvenile offenders, giving them a chance to contest charges while remaining free from detention.
The Calcutta High Court, one of the oldest and most influential courts in the country, has now set a precedent that could ripple through India’s justice system. If other states follow suit, anticipatory bail could become standard for all accused, young or old, reshaping how the courts balance civil liberties with the law’s enforcement.
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