The Non-Maintainability Of Anticipatory Bail Plea Of Juvenile U/S 438 Of CrPC

CASE BACKGROUND

• The case was titled Piyush (Minor) vs. State of Haryana.
• The Punjab and Haryana High Court has held that an anticipatory bail, by a juvenile is not maintainable if it is filed U/S 438 of CrPC, notwithstanding anything contained in CrPC.

OBSERVATIONS OF THE COURT

• Justice Rajesh Bhardwaj, while delivering the judgment, has highlighted upon the fact that reading of Section 438 CrPC would imply that a juvenile cannot be arrested.
• Therefore, there arises no question of apprehension of the arrest of the juvenile.
• And hence, anticipatory bail is not maintainable in case of a juvenile.
• Further the Court mentioned that the Juvenile Justice Act, 2015 being a complete code in itself, has specific provisions for dealing with the children in conflict with the law.

SECTION 12 OF THE JUVENILE JUSTICE ACT

• Section 12 of Juvenile Justice Act gives bail to a child who is alleged to be in conflict with the law and makes it compulsory as soon as the police apprehend a child.
• It also states that the juvenile must be released on bail with or without surety and without opposing anything provided in CrPC or in any other law in force for the time being.

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