JJ Act: Child In Conflict With Law Can Seek Anticipatory Bail U/S 438 CrPC

Case: Raman & Manthan v. The State of Maharashtra

Coram: Justices Sarang Kotwal and Bharat Deshpande

Case No.: Anticipatory Bail Application No. 277 Of 2022

Court Observation: “When a child in conflict with law is apprehended, his liberty is curtailed. Section 438 of the Cr.P.C. affords a valuable right to a person, who is likely to be arrested or in other words, whose liberty is likely to be curtailed. Section 438 of the Cr.P.C. does not make any distinction between different persons.”

“The definition of the word “person” mentioned in Section 11 of the IPC, is an inclusive definition. It does not exclude a child. Section 438 of the Cr.P.C. does not exclude a child from the word “person”. Therefore, there is no reason to deny the benefit of the provisions of Section 438 of the Cr.P.C. to a child, who is likely to be apprehended,”

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