Landmark Ruling: Calcutta High Court Extends Anticipatory Bail Rights to Juveniles in Criminal Cases

The Calcutta High Court has made a landmark ruling through a three-judge division bench, establishing that juveniles accused of crimes will now be eligible for anticipatory bail, a right previously reserved only for adults.

This groundbreaking decision was made on Friday by the division bench comprising Justice Jay Sengupta, Justice Tirthankar Ghosh, and Justice Bivas Pattanayak, making the Calcutta High Court the first in the country to pass such a significant order.

Previously, juveniles accused of crimes could only have their bail matters decided by the Juvenile Justice Board, which lacked authority to grant anticipatory bail. This new ruling fundamentally changes how juvenile cases may proceed through the legal system.

The bench's decision was not unanimous, with Justices Sengupta and Ghosh supporting anticipatory bail for juveniles, while Justice Pattanayak dissented. However, with a majority of 2-1, the ruling now stands as precedent.

Legal experts consider this a monumental decision that significantly impacts juvenile justice proceedings. The majority opinion emphasized that personal liberty is a right that extends to all citizens, including minors, justifying equal access to anticipatory bail provisions.

The bench also noted a critical gap in existing legislation: while the Juvenile Justice (Care and Protection of Children) Act details procedures following a juvenile's arrest, it fails to address legal protections available before arrest takes place.

This ruling effectively ensures that juvenile defendants now have the same pre-arrest legal protections as adult defendants within the criminal justice system.