Legal Rights of Detained Minors During Protests in India: A Guide for Parents and Guardians in Lucknow & UP

The primary law governing any child in conflict with law is the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). It overrides general criminal procedure for persons below 18 years. The BNSS, 2023, also contains provisions relevant to arrest and detention of minors, but the JJ Act takes precedence.

Key provisions include:

• Section 12, JJ Act – Bail to a child in conflict with law is the rule; refusal is allowed only if there are reasonable grounds that release would bring the child into association with known criminals or expose the child to moral, physical, or psychological danger.
• Section 10, JJ Act – Procedure after apprehension: the child must be produced before the Juvenile Justice Board (JJB) within 24 hours, not before a regular magistrate.
• Section 479 BNSS (old Section 436A CrPC) – Maximum detention period for an undertrial; if a minor is kept in custody beyond half the maximum sentence for the alleged offence, default bail must be granted.
• Section 482 BNSS (old Section 438 CrPC) – High Court's inherent powers, useful for urgent habeas corpus or quashing of illegal detention.

For protest-related offences, the substantive law is the Bharatiya Nyaya Sanhita (BNS), 2023. Common charges against protesters include unlawful assembly (Section 189 BNS), rioting (Section 190), obstruction (Section 285), and criminal intimidation (Section 307). However, the gravity of the offence does not automatically justify denying bail to a minor.

The Allahabad High Court has clearly held that bail to a juvenile cannot be refused merely because the alleged offence is serious. In Shyamu (Juvenile) v. State of U.P. and Anr. (2020, Criminal Revision No. 4743 of 2019), the court stated that the gravity of the protest-related allegation is not, by itself, a valid reason to keep a juvenile detained. The JJ Act requires the JJB to consider only the child's well-being and risk factors listed in Section 12.

This ruling is crucial for minors arrested in protest situations, where police often charge serious offences like rioting or unlawful assembly. Parents and guardians should immediately file a bail application before the Juvenile Justice Board in the district where the minor is produced. The JJB must decide within 24 hours of production. If the JJB refuses bail, an appeal lies before the Sessions Court under Section 101 of the JJ Act. Further revision can be filed before the Allahabad High Court Lucknow Bench under Section 482 BNSS.

Procedural steps for bail:

1. Inform the JJB of the child's age (birth certificate, school records, or ossification test if needed).
2. File a bail application under Section 12, JJ Act, citing the Shyamu (Juvenile) judgment.
3. If the JJB rejects bail, file an appeal before the Sessions Court within 30 days.
4. If still unsuccessful, file a criminal revision under Section 482 BNSS before the High Court.

For detailed guidance, see our article on Legal Rights During Protest Arrest & FIR in Lucknow.

When a minor is arrested in connection with a protest, the police must follow a specific procedure under the JJ Act. Any deviation can render the detention illegal and may lead to compensation.

• Production before JJB within 24 hours: The child cannot be kept in a police lock-up or regular jail. They must be produced before the nearest Juvenile Justice Board. The JJB then decides whether to release the child on bail or send the child to an observation home.
• Right to legal aid: The JJB must inform the parents and provide free legal assistance if the family cannot afford a lawyer. The District Legal Services Authority (DLSA) in Lucknow provides such aid.
• Right to medical examination: If the child alleges ill-treatment or injury during arrest, a medical examination must be conducted immediately. The D.K. Basu guidelines (Supreme Court) on arrest procedure apply to minors as well, including the right to have a parent present during interrogation.
• Protection from handcuffing: Handcuffing a minor is prohibited except in exceptional circumstances with prior permission of the JJB.

If the police fail to follow these safeguards, the detention becomes illegal. The Allahabad High Court in Rachhit Pandey (Minor) and Another v. State of U.P. and 3 Others (2021, Habeas Corpus Writ Petition No. 193 of 2020) held that habeas corpus can be issued where the person detaining the child is not legally entitled to custody and ordinary remedies are inadequate. This is directly applicable when a minor is illegally detained in a police station or jail instead of being produced before the JJB.

When a minor is unlawfully detained during a protest, the most effective remedy is a habeas corpus petition before the Allahabad High Court Lucknow Bench under Article 226 of the Constitution read with Section 482 BNSS. The court can order the immediate production of the child and award compensation for illegal detention.

In Hasnen v. Union of India and 5 Others (2026, 2026:AHC:658645), the Allahabad High Court upheld preventive detention only because statutory timelines and representation requirements were strictly satisfied. This implies that if procedural safeguards are violated — such as failing to produce the minor before the JJB within 24 hours — the detention collapses. The court has also quashed detention orders for non-compliance with mandatory timelines, as seen in the Mau CAA/NRC protest case (2020) where six detention orders were quashed for failure to meet NSA Section 10 timelines.

For compensation, the Supreme Court has held that illegal detention entitles the victim to monetary compensation under Article 21. In UP, the Allahabad High Court has awarded up to ₹10 lakh for illegal arrest without written grounds (see our article on Illegal Arrest Without Written Grounds: ₹10 Lakh Compensation Ruling). For minors, the compensation can be higher given the vulnerability.

If your minor child has been detained during a protest, take the following steps immediately:

1. Do not panic. Remember the law strongly protects minors. Do not sign any documents under pressure.
2. Locate the child. Contact the local police station, the nearest JJB, or the observation home. If the police refuse to disclose the whereabouts, file a habeas corpus petition before the Allahabad High Court Lucknow Bench.
3. Engage a lawyer. Hire a criminal lawyer in Lucknow experienced in juvenile matters. The lawyer can file a bail application before the JJB or a habeas corpus petition if the child is not produced.
4. Collect documents. Birth certificate, school records, Aadhaar card to prove minority. Also gather any evidence of the arrest (FIR copy, arrest memo, witness statements).
5. File a complaint if rights violated. If the police used excessive force, handcuffed the minor, or denied access to parents, file a complaint with the State Human Rights Commission, Lucknow or approach the High Court for compensation.

For a detailed fee structure and filing procedure, see the table below. These are typical ranges for Lucknow courts and may vary.

In our practice before the Lucknow Bench, such applications are typically listed within 2-3 days when filed as urgent. For habeas corpus, we file a Writ Petition (Criminal) under Article 226 with a separate application for urgent listing. The court usually issues notice to the State and may order production of the minor on the next date. For bail appeals from the JJB, we file a Criminal Revision under Section 482 BNSS before the High Court. The Lucknow Bench has consistently applied the Shyamu (Juvenile) principle and rarely denies bail to minors unless there is credible evidence of serious risk to the child. Judges often ask for the social investigation report from the JJB and the child's educational background. We advise parents to bring school certificates and character references. The realistic fee range for a High Court bail revision in such matters is ₹25,000 to ₹40,000, plus court fees of about ₹250. For Sessions Court appeals, fees range from ₹10,000 to ₹20,000.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on juvenile bail and protest-related detention, contact Advocate Onkar Pandey at +91 98392 71553.