The division bench of Bombay High Court (‘HC’), in a reference made to it, relying on Article 14 of the Constitution, observed that any protection available to any person under the law is available also to a child as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’).
The HC stating “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” held that a child in conflict with law, under JJ Act, can file an application for anticipatory bail under Section 438 CrPC, 1973.