Section 37 FCRA 2010: Penalty Where No Separate Punishment Is Provided
Section 37 of the Foreign Contribution (Regulation) Act, 2010 is a residual penal provision. It applies when a person fails to comply with a provision of the Act and the Act does not provide a separate penalty for that failure.
Text of Section 37 of the FCRA 2010
Section 37 - Penalty for offences where no separate punishment has been provided. Whoever fails to comply with any provision of this Act for which no separate penalty has been provided in this Act shall be punished with imprisonment for a term which may extend to one year, or with fine or with both.
The provision therefore operates as a general or residual punishment clause. Before treating a contravention as punishable under Section 37, it is necessary to identify the FCRA provision that has allegedly been breached and determine whether the Act already provides a separate penalty for that contravention.
What Section 37 Means
- Failure to comply: There must be non-compliance with a provision of the Foreign Contribution (Regulation) Act, 2010.
- No separate penalty: Section 37 applies where the Act does not prescribe a separate penalty for that particular non-compliance.
- Maximum imprisonment: The term of imprisonment may extend to one year.
- Fine: The court may impose a fine instead of imprisonment or together with imprisonment, subject to the applicable law and facts of the case.
Section 37 and Other FCRA Penalty Provisions
Section 37 should be read with the surrounding provisions in Chapter VIII of the FCRA. Section 35 deals with punishment for specified contraventions involving acceptance of foreign contribution or currency or security from a foreign source. Section 36 permits an additional fine in specified circumstances where an article, currency or security liable to confiscation is unavailable. Section 37 covers non-compliance for which no separate penalty has been provided in the Act.
Effect of a Subsequent Conviction Under Section 37
Section 38 provides an additional consequence in a case involving acceptance or utilisation of foreign contribution. If a person who has already been convicted of an offence under Section 35 or Section 37 is again convicted of such an offence, the person shall not accept foreign contribution for five years from the date of the subsequent conviction.
Previous Sanction for Prosecution
Section 40 provides that no court shall take cognizance of an offence under the FCRA except with the previous sanction of the Central Government or an officer authorised by the Central Government.
Compounding of Certain FCRA Offences
Section 41 permits eligible offences under the FCRA to be compounded before institution of prosecution by the specified officer or authority and on payment of the amount notified by the Central Government. The applicable compounding amount depends on the particular contravention; Section 37 itself does not prescribe one uniform compounding amount.
Official FCRA References
For the authoritative statutory text and current compliance material, refer to the Foreign Contribution (Regulation) Act, 2010 on India Code, the Ministry of Home Affairs FCRA Online Services portal, and the MHA Foreigners-II Division FCRA page.
Important Note
The application of Section 37 depends on the precise statutory or regulatory obligation involved, the facts of the alleged contravention, whether another penalty provision applies, and any current notification governing compounding or enforcement. This page is intended as a general legal reference and is not a substitute for advice on a specific case.
Page reviewed for statutory text and official FCRA resources: 27 September 2026.