Section 40 of FCRA : Section 40: Bar On Prosecution Of Offences Under The Act

Explanation using Example

Imagine an NGO in India has been accused of using foreign contributions for purposes not permitted under The Foreign Contribution (Regulation) Act, 2010. A local police station wants to file charges against this NGO. According to Section 40 of the Act, before the court can hear this case, the police must first obtain the sanction of the Central Government or an authorized officer. Without this sanction, the court is not allowed to take cognizance of the alleged offence, meaning the case cannot proceed to trial.