Calcutta HC Allows Anticipatory Bail for Juveniles

• Calcutta High Court rules juveniles can now seek anticipatory bail.
• Landmark judgment delivered by a three-judge bench.
• Majority opinion says personal liberty applies equally to minors.
• Ruling fills a gap in the Juvenile Justice Act on pre-arrest rights.

GG News Bureau
Kolkata, 15th Nov: In a groundbreaking judgment, the Calcutta High Court on Friday ruled that juveniles accused in any criminal case will now be eligible to seek anticipatory bail. The decision marks the first instance of any high court in India extending this legal protection to minors.

The ruling was delivered by a three-judge division bench comprising Justice Jay Sengupta, Justice Tirthankar Ghosh, and Justice Bivas Pattanayak. Until now, anticipatory bail was available only to adults, while juveniles could apply for regular bail solely through the Juvenile Justice Board (JJB), which lacked the authority to grant pre-arrest protection.

With the majority opinion of Justice Sengupta and Justice Ghosh prevailing, the bench held that personal liberty is a constitutional right enjoyed by all citizens, including minors. They observed that juveniles should not be denied the same legal safeguards available to adults, especially in situations where arrest is imminent.

Justice Pattanayak, however, disagreed with extending anticipatory bail to minors, making the verdict a split decision. But the majority view now prevails as law.

Legal experts have welcomed the decision, calling it a landmark development in juvenile justice. They point out that while the Juvenile Justice (Care and Protection of Children) Act outlines procedures after a minor’s arrest, it does not specify steps for protection before arrest — a gap the High Court’s ruling now addresses.

Following this verdict, any minor accused of a crime in West Bengal will be able to apply for anticipatory bail, marking a major shift in how juvenile cases are handled and reinforcing constitutional protections for children.