Calcutta HC faces juvenile’s pre-arrest bail dilemma

Four division benches of the Calcutta High Court have jointly appealed to the chief justice to establish a larger bench to address a legal dilemma regarding whether a juvenile involved in a criminal case has the right to seek anticipatory bail. This request comes in response to conflicting judicial orders on the matter. While certain high court benches assert that a child’s right to seek legal protection from detention should not be restricted, others argue that the issue of pre-arrest bail does not arise because a child cannot be arrested under juvenile justice laws.