The short answer
If a person picked up at a protest appears to be under 18, ordinary lock-up rules do not apply. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, bail is the rule even when the alleged offence is non-bailable, and refusing it needs recorded reasons tied to specific risks — criminal association, danger to the child, or defeat of justice.
The child must be placed with the Special Juvenile Police Unit or the Child Welfare Police Officer. Parents or guardians must be informed. The child should never be kept in a police lock-up or an adult jail; if not released, the child goes only to an observation home or a place of safety, and is produced before the Juvenile Justice Board — not an ordinary magistrate court.
Identify age immediately
Tell the police, at once, that the person is or appears to be a child. Where age is not yet formally established, the person is treated as an "apparent child" and the juvenile safeguards apply. Provide reliable age proof — school records or a birth certificate — if available, but keep copies for yourself. Ask for the Special Juvenile Police Unit or the designated Child Welfare Police Officer by name.
The bail framework
Section 12 of the Juvenile Justice Act makes release the norm for an apparent child, whatever the gravity alleged. The exceptions are narrow: the release must appear likely to bring the child into association with known criminals, expose the child to moral, physical or psychological danger, or defeat the ends of justice — and the reasons must be recorded. A refusal without recorded reasons is challengeable.
Where the child may be kept
A child who is not released may be held only in an observation home or a place of safety until the Juvenile Justice Board process — never in a police lock-up or an adult jail. The Child Welfare Police Officer should handle the matter, as far as possible in civil clothes, and production is before the Juvenile Justice Board, which is a separate forum from an ordinary magistrate court.
Family, questioning and documents
Parents or guardians should be informed. Seek a lawyer before any statement is made. Do not let the child sign documents without a guardian or a lawyer present. Keep the age proof, the officer's details and a written note of where the child was taken.
Escalation
Call NALSA's free legal-aid helpline 15100 or the local District Legal Services Authority. Record where the child was taken, the officer's details, and any refusal to involve the juvenile authorities. A school or organiser should keep a ready emergency sheet with guardian numbers, the location of age proof and the legal-aid contact.
This is a description of the public process, not legal advice. For advice about your own case, speak to a lawyer or the police station handling it.