Case Explained: Delhi High Court labels use of children in crime as “emerging menace”, rejects anticipatory bail in trafficking case – Legal Perspective

The Delhi High Court has taken a firm stance against the exploitation of minors in criminal activity, describing the practice as a “growing menace” that demands stern judicial scrutiny. The court’s observations came while hearing an application for anticipatory bail in a trafficking case involving allegations that children were being used to carry out thefts.

Justice Jyoti Singh presided over the hearing, during which the court rejected the anticipatory bail plea of the accused, underscoring the gravity of deploying children as instruments in criminal schemes. The bench stressed that such actions not only jeopardise the welfare and safety of vulnerable minors but also undermine the moral foundations of society.

The case arose from a police FIR alleging that the respondents facilitated the trafficking of children with the intention of using them to commit offences, including theft. According to the prosecution, the recruits were young and impressionable, making them susceptible to manipulation by adult offenders.

In her order, Justice Singh described the use of children in crime as “deeply troubling” and highlighted the need for judicial systems to adopt a zero-tolerance approach toward individuals who exploit minors for unlawful ends. The court reiterated that trafficking and recruitment of children into criminal conduct are serious violations of both statutory law and international conventions to which India is a party.

Rejecting the anticipatory bail plea, the court noted that the allegations, if substantiated, pointed to an organised pattern of exploitation that involved endangered individuals and warranted a rigorous investigation. The bench observed that granting pre-arrest relief in such circumstances would not be appropriate and could jeopardise the course of justice.

The judgement also referenced broader legal principles safeguarding children’s rights, including relevant provisions of the Juvenile Justice (Care and Protection of Children) Act and the Protection of Children from Sexual Offences (POCSO) Act where applicable. The bench emphasised that the law categorically prohibits the use of children in criminal activity and mandates enhanced protection for minors in vulnerable contexts.

The prosecuting authorities welcomed the decision, noting that it sends a clear signal that courts will not be lenient where children are exploited by adults to perpetuate crime. Legal experts say the court’s strong language reflects increasing judicial awareness of the need to protect minors from trafficking networks and criminal exploitation.

Child rights advocates have similarly lauded the High Court’s stance, observing that trafficking remains a persistent challenge in urban centres, often thriving in the shadows of poverty and social marginalisation. They argue that deterring adults from involving children in crime is critical to breaking intergenerational patterns of abuse and vulnerability.

The Delhi High Court has scheduled further proceedings in the matter, with the next hearing expected to focus on the progress of the investigation and any interim relief applications that may be filed by the parties.