Section 42 – The Juvenile Justice (Care and Protection of Children) Act – Penalty For Non-Registration Of Child Care Institutions.

Section 42 – Penalty for Non-Registration

Any person or persons in charge of an institution housing children in need of care and protection or children in conflict with the law, who fails to comply with the provisions of Section 41(1) of this Act, shall be punished with:

• Imprisonment for a period up to one year,
• Or a fine of not less than one lakh rupees,
• Or both.

Provided that every 30 days delay in applying for registration shall be treated as a separate offence.

Explanation of Section 42 JJ Act

1. Failure to Register
   This section establishes penalties for anyone in charge of an institution that houses children in need of care and protection or children in conflict with the law if they fail to comply with the registration requirements outlined in Section 41 of the Juvenile Justice Act.
2. Punishments
   • Imprisonment: The person responsible may be sentenced to up to one year in prison.
   • Fine: A fine of at least one lakh rupees can be imposed.
   • Both: In some cases, both imprisonment and a fine may apply.
3. Continuing Offense
   Every 30 days of delay in applying for registration is considered a separate offence, meaning that the penalty may accumulate over time if the institution continues to delay the registration.

Illustration

Example 1: Non-Registration Penalty
An institution housing children in need of care and protection fails to apply for registration under Section 41 within the required period. After 60 days, authorities impose a fine of one lakh rupees for the first month and another one lakh rupees for the second month, adding up to a total fine of two lakh rupees.

Example 2: Imprisonment and Fine
The director of a children’s home does not register the institution within the prescribed timeframe. As a result, the director faces one year of imprisonment and a fine of one lakh rupees.

Common Questions on Section 42

1. What happens if an institution doesn’t apply for registration on time?
   The institution’s in-charge may face a fine, imprisonment, or both, as per the penalty outlined in this section.
2. Is the penalty applied immediately?
   The penalty is applied after non-compliance is found. If the institution delays registration by 30 days, each delay period is considered a separate offence, meaning the penalty may accumulate.
3. Can multiple fines be imposed for continued non-registration?
   Yes, every 30-day delay counts as a separate offence, and fines or imprisonment can increase accordingly.

Conclusion

Section 42 provides a clear and strict penalty for failure to register child care institutions as per Section 41 of the Juvenile Justice Act. The law ensures accountability and encourages institutions to comply with the registration process in a timely manner to ensure proper care for children in need of protection.

If you would like more information about the Juvenile Justice Act or need assistance with related issues, visit ApniLaw for resources and guidance.