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Foreign Contribution (Regulation) Act, 2010 · Section guide

Section 35 — Punishment for contravention of any provision of the Act

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Chapter VIIIOffences and penalties

What this section provides

Provides punishment for contravention of the Act where the offence falls within the section’s scope. Offence analysis must identify mens rea/statutory ingredients, the exact contravened provision and whether compounding is available. Section 41 and current compounding notifications should be checked before advising on resolution.

FCRA Section 35: how to apply the rule

Section 35 punishes accepting, or assisting another person or organisation to accept, foreign contribution, currency or security from a foreign source in contravention of the FCRA or a rule or order under it. The maximum punishment is five years’ imprisonment, a fine, or both; Section 37 is the separate residual punishment rule.

Decision pointPractical legal consequence
Scope of conductAcceptance and assistance are both within Section 35; first identify the breached provision and transaction.
Criminal versus administrativeThe offence should not be equated with every filing mistake; evaluate the elements and applicable sanction requirements.
Maximum penaltyFive years is a maximum term, not a fixed sentence, and conviction cannot be inferred solely from a notice.

Worked example

An association receives ₹9 lakh in overseas contributions without checking its lawful acceptance route. An investigator must establish the source, recipient, regulatory status, statutory breach and assistance evidence; ₹9 lakh itself does not set a fixed criminal penalty.

Evidence and records

Bank/FCRA account trail, inward remittance evidence, donor identity, FCRA registration/prior-permission history, board authorisations and all notices.

Limits, exclusions and mistakes

Section 40 addresses previous sanction for cognizance; Sections 36–37 cover other penalties. Separate criminal liability from FCRA cancellation or suspension processes.

Is a five-year jail term automatic for an irregular remittance?

No. Section 35 provides the maximum possible term, subject to the offence and judicial process.

Primary legal reference: Read official Act, regulator or Gazette

Finin2min summary — explanatory text. The official Act, Rules, Regulations and notifications control if there is any difference. Educational and research resource, not legal, regulatory, tax or investment advice; verify the instrument in force on the relevant date.