Tricky Section 438 Plea - Don't Fall for It!

crpc_bnss judiciary intermediate trick_question

Okay, so this is from the Judicial Services mains paper, and it looks easy at first. The question is, 'Can a court grant an anticipatory bail to a juvenile under Section 438 of the CrPC?' Now, you might be thinking, 'Section 438 is for adults who think they might be arrested, but haven't been yet.' However, most people get this wrong. They think just because a juvenile is involved, the normal rules don't apply. But, have you read Section 12 of the Juvenile Justice Act? It says a child can be tried as an adult in certain cases! What if that child is facing a serious offense like Section 307 IPC? Can a court really grant anticipatory bail under Section 438?

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