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Section 45 FCRA 2010: Protection of Action Taken in Good Faith

Section 45 of the Foreign Contribution (Regulation) Act, 2010 protects specified government authorities and officers from suits or other legal proceedings for loss or damage arising from acts done, or intended to be done, in good faith under the FCRA, its rules or orders.

Foreign Contribution (Regulation) Act, 2010 (Act 42 of 2010) | Section 45 | Updated: 27 September 2026

Text of Section 45 of the FCRA 2010

45. Protection of action taken in good faith. - No suit or other legal proceedings shall lie against the Central Government or the authority referred to in section 44 or any of its officers in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or, any rule or order made thereunder.

What Section 45 means

Section 45 is a statutory good-faith protection. Its language is directed to legal proceedings concerning loss or damage caused, or likely to be caused, by action taken or intended to be taken in good faith while carrying out the FCRA, a rule made under the Act, or an order made under it.

The persons and authorities expressly covered by the section are the Central Government, the authority referred to in Section 44, and officers of that authority. The protection is therefore tied to both the identity of the protected authority or officer and the statutory requirement that the relevant act be done or intended in good faith in pursuance of the FCRA framework.

Connection between Sections 44 and 45

Section 44 of the FCRA requires the prescribed authority to furnish returns and statements to the Central Government at the prescribed time and in the prescribed form and manner. Section 45 expressly extends its good-faith protection to that authority and its officers, in addition to the Central Government.

Key elements of Section 45

  • Nature of protection: the provision states that no suit or other legal proceedings shall lie in respect of the loss or damage described in the section.
  • Protected parties: the Central Government, the authority referred to in Section 44, and officers of that authority.
  • Good faith requirement: the act must be done, or intended to be done, in good faith.
  • Statutory connection: the action must be in pursuance of the FCRA, a rule made under it, or an order made under it.
  • Loss or damage: the wording covers loss or damage already caused as well as loss or damage likely to be caused.
Important: Section 45 should be read according to its exact statutory conditions. The provision does not say that every act of every authority receives protection merely because it concerns the FCRA. Whether the section applies in a particular dispute depends on the facts, the identity of the authority or officer, the statutory basis of the action and the requirement of good faith.

FCRA legal framework

The Foreign Contribution (Regulation) Act, 2010 regulates the acceptance and utilisation of foreign contribution and foreign hospitality by specified persons and entities. The Act is administered by the Ministry of Home Affairs. For current compliance, readers should consult the Act together with the Foreign Contribution (Regulation) Rules, 2011 and subsequent amendments, notifications and orders.

Official material is available from the Ministry of Home Affairs Acts and Rules page and the FCRA Online Services portal. These official sources should be checked for the latest rules, forms, notifications and compliance requirements.

Related FCRA provisions

For the surrounding statutory scheme, see Section 43 - Investigation into cases under the Act, Section 44 - Returns by prescribed authority to Central Government, Section 46 - Power of Central Government to give directions, Section 47 - Delegation of powers and Section 48 - Power to make rules.

This page is a legal information resource. For a filing, dispute or compliance decision, verify the current statutory text, applicable rules, notifications and case-specific legal position from official sources.