Whatever benefits are available to persons under the Criminal Procedure Code are also available to minors, including the benefit of anticipatory bail. These benefits are not denied to minors. In fact, on the other hand, there are special provisions for grant of bail to a minor. For example, under the Proviso to Section 437(1) of Cr.P.C., there is a special provision empowering grant of bail to a minor (who is below the age of 16 years) even in serious offences which are punishable with death penalty or life imprisonment.
In fact, even these general provisions under the Cr.P.C. are not needed in the case of a minor, since there is a special Act to cover the cases of minors who have committed any offences. The Juvenile Justice (Care and Protection of Children) Act, 2015, makes special provisions for minors. For example, Section 12 of this Act provides for grant of bail to a minor even if he has committed a non-bailable offence; and, even in the exceptional situations (which are generally for the benefit of the minor himself) when he is not released on bail, he is not kept in jail or police lockup, but in observation home, etc. So, in fact, there should be no need to apply for anticipatory bail in the case of a minor, since there are liberal provisions for them in the law, obviating the need for anticipatory bail.
Section 12 of the Juvenile Justice (Care and Protection of Children) Act is reproduced below:
“12. Bail to a person who is apparently a child alleged to be in conflict with law.— (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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