In this post, the author analyses the applicability of Anticipatory Bail under section 438 CrPC to the Juvenile Justice Act, 2015. The author argues that in the absence of concrete guidelines and judgment by the Supreme Court on the issue, there is an absence of uniform approach adopted by the High Courts which has led to the divergence of opinion amongst them, which has resulted in the need for urgent judicial intervention of the apex court. Further, the author analyses both sides of the argument to and for application of section 438 CrPC to JJ Act and proposes a way forward.
Continue reading Anticipatory Bail to Juveniles(?): A Dilemma Unresolved