The High Court held that where parties are married and living together—and the accused is a juvenile—custodial interrogation is unnecessary. Exercising its inherent power under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail with bond, surety, reporting, and appearance conditions.
Summary
| Category | Data |
|---|---|
| Case Name | CRM (A)/2756/2025 of XXXX Vs STATE OF WEST BENGAL AND ANR |
| CNR | WBCHCA0359542025 |
| Date of Registration | 01-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS) |
| Court | Calcutta High Court |
| Bench | Single Judge |
| Type of Law | Criminal Procedure (Section 482, BNSS 2023) |
| Questions of Law | Whether custodial interrogation can be dispensed with by granting anticipatory bail to a juvenile accused married to a minor victim under Section 482 of the BNSS Sanhita, 2023? |
| Ratio Decidendi |
|
| Logic / Jurisprudence / Authorities Relied Upon | The Court balanced individual liberty against investigational needs by examining the nature of the offence, the matrimonial status of the parties, and the petitioner’s juvenile age. It then exercised discretion under Section 482 to avoid unnecessary detention. |
| Facts as Summarised by the Court | The FIR lodged by the victim’s mother alleged a romantic relationship between her 15-plus-year-old daughter and the petitioner, which culminated in marriage. The parties, both permanent residents of the locality, have since been living a conjugal life together. |
What’s New / What Lawyers Should Note
- Custodial interrogation may be dispensed with where the accused is a juvenile and the parties are married and cohabiting in a private consensual relationship.
- The Court emphasized the discretionary scope of Section 482 BNSS 2023 to prevent unnecessary detention without hindering the investigation.
- The detailed conditions—bond amount, two sureties, weekly meetings with the Investigating Officer, and mandatory court appearances—demonstrate a balancing mechanism against misuse.
Summary of Legal Reasoning
- The Court examined the FIR, case diary, and annexed documents, noting the matrimonial status of the parties and the petitioner’s juvenile age.
- It assessed whether custodial interrogation was necessary to further the investigation, finding no probative benefit given the private and consensual nature of the relationship.
- Recognizing the petitioner’s status as a juvenile, the Court concluded that detention would be counterproductive to both individual rights and investigational efficiency.
- Exercising its inherent power under Section 482 of the BNSS Sanhita, 2023, the Court granted anticipatory bail subject to conditions (bond, sureties, reporting to the IO, and attendance at court).
Factual Background
The victim’s mother lodged an FIR on 12.05.2025 under Sections 137(2), 87, 64(2)(m), 65(1), and 351(2) of the BNSS Sanhita, 2023 read with Section 6 of the POCSO Act, alleging a romantic relationship between her daughter (aged about 15+) and the petitioner. That relationship culminated in a marriage registered outside the trial court’s knowledge. The petitioner and the victim, both permanent residents of the locality, have since been living together as husband and wife. Upon perusal of the case diary, the Court found no necessity for custodial interrogation and proceeded to consider bail.
Statutory Analysis
- The judgment centers on the interpretation and application of Section 482 of the BNSS Sanhita, 2023, confirming the High Court’s inherent power to prevent abuse of process and protect individual liberty.
- Section 482(2) conditions—bond, sureties, reporting obligations, and court appearances—were imposed without altering statutory thresholds.
- No constitutional provisions or “reading down”/“reading in” techniques were invoked.