Child in conflict with law cannot be arrested: Madras HC

Chennai: The Madras high court has held that a child in conflict with law cannot be arrested and thus there cannot be apprehension of arrest and so an application for anticipatory bail at the instance of a child in conflict with law is not maintainable.

A division bench comprising Justices S. Nagamuthu and Anita Sumanth gave the ruling while answering a question of law referred to it by the Chief Justice as to whether an application seeking anticipatory bail at the instance of a juvenile in conflict with law in terms of the Juvenile Justice (Care and Protection of Children) Act, is maintainable.

The bench said the Juvenile Justice (Care and Protection of Children) Act, 2015 is a self-contained code, which is both substantive as well as procedural. The Act takes care of the interest of the child in conflict with law on the child being apprehended.

Even after bail is refused, the child cannot be remanded to either judicial custody or police custody. The child should be kept in an observation home or a place of safety, the bench added.

There are safeguards provided to the child in conflict with law in the event the child is apprehended by police. “In the light of these safeguards, and in the light of the legal position that the child in conflict with law cannot be arrested, the child in conflict with law need not apply for anticipatory bail.

The legislature consciously did not empower the police to arrest a child in conflict with law. Thus, it is manifestly clear that an application seeking anticipatory bail at the instance of the child in conflict with law is not at all maintainable,” the bench added.