Section 42 JJ Act: Penalty for non-registration of child care institutions

Section 42 of Juvenile Justice (Care and Protection of Children) Act, 2015: Penalty for non-registration of child care institutions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Any person, or organisation, in-charge or running an institution for children in need of care and protection or children in conflict with law, who fails to comply with the provisions of sub-section (1) of section 41, shall be punishable with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both :

Provided that every thirty days of a continued failure shall constitute a separate offence.

Legal Commentary & Landmark Judgments: Section 42

Section 42 of the Act penalizes the non-registration of Child Care Institutions, imposing imprisonment of not less than one year extending up to three years, or a fine of not less than one lakh rupees, or both, on anyone running an unregistered childcare institution.

Severe Penal Sanctions for Unregistered Shelter Homes: Punishes operating an unregistered orphanage, boarding school, or children's home with mandatory imprisonment of one to three years and fine of at least one lakh rupees.
Immediate Closure & Evacuation of Children: Empowers the District Magistrate to immediately seal unregistered institutions and transfer all resident children to registered fit facilities or Children's Homes.
Individual Criminal Liability on Trustees & Directors: Attaches direct personal criminal liability to the trustees, office bearers, and managers operating the unregistered facility.

Key Landmark Precedents:

In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court affirmed that Section 42 is a vital deterrent provision designed to eradicate illegal, unmonitored orphanages and protect children from systemic abuse.
Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court directed police and district administrations to register criminal FIRs under Section 42 against all defaulting unregistered child homes.
Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1: Affirmed that unregistered child institutions are primary breeding grounds for illegal trafficking.

Courtroom Practice & Strategic Litigation Guidance:

If served with a closure or show-cause notice under Section 42, trustees must immediately prove that a complete registration application was submitted within the statutory window, and obtain a temporary operational permit from the District Child Protection Unit (DCPU).

Section 42: Penalty for non-registration of child care institutions

Section 42 of Juvenile Justice (Care and Protection of Children) Act, 2015: Penalty for non-registration of child care institutions

Legal Commentary & Landmark Judgments: Section 42