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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Foreign Contribution Regulation

Arvind was convicted under section 35 for an offence relating to acceptance of foreign contribution. He was again convicted of such an offence on 10 March 2024. Which statement correctly describes the consequence under section 38 of the FCRA, 2010?

Arvind cannot accept foreign contribution for five years from 10 March 2024. Section 38 imposes this bar on a person who, having been convicted under section 35 or 37 for an offence relating to acceptance or utilisation of foreign contribution, is convicted again, with the period counted from the subsequent conviction.

  1. AHe cannot accept any foreign contribution for five years from 10 March 2024Correct
  2. BHe cannot accept any foreign contribution for five years from the date of his first conviction
  3. CHe cannot accept any foreign contribution for three years from 10 March 2024
  4. DHe is barred for life from accepting foreign contribution

Explanation

Section 38 applies to a person convicted under section 35 or 37, relating to acceptance or utilisation of foreign contribution, who is again convicted of such an offence. The bar runs for five years from the date of the subsequent conviction, here 10 March 2024. Counting from the first conviction, or using three years or life, is wrong.

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