Prohibition to transfer foreign contribution to other person
Section 7 of the Foreign Contribution (Regulation) Act, 2010 deals with prohibition to transfer foreign contribution to other person. No person who-- (a) is registered and granted a certificate or has obtained prior permission under this Act; The Act came into force on 01 May 2011.
1[7. Prohibition to transfer foreign contribution to other person.--No person who--
(a) is registered and granted a certificate or has obtained prior permission under this Act; and
(b) receives any foreign contribution, shall transfer such foreign contribution to any other person.]
Section 7, The Foreign Contribution (Regulation) Act, 2010 (Act 42 of 2010).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Noel Harper v. Union of India
Court's Decision & Legal Precedent
Judgement of Main Case order-8.pdf 2022-04-08 labelled. WP(C) 566/2021 (+634/2021, 751/2021). A.M. Khanwilkar / Dinesh Maheshwari / C.T. Ravikumar reportable. order-9.pdf is the same-day pronouncement ROP — attach order-8.pdf. DATE-CHECK false positive (2020-09-29 amendment / 1998-12-08 FCRA registration / 2016-08-10 renewal fact dates); body is the named Khanwilkar FCRA reportable (same Ghisalal/Tata/Avni pattern). Isolate: 2020 FCRA amendments constitutional; no fundamental right to receive foreign contribution. Distinct holdings: s.7 complete ban on transfer of FC to any other person is valid; s.17 designated FCRA account only at SBI NDMB is valid (utilisation accounts may be added elsewhere); s.12A Aadhaar for Indian office-bearers is valid, read down to passport for foreigners. Do not pad 12 (grant of certificate) or invent 17A.
On this section: FCRA 7: complete prohibition on transfer of foreign contribution by the recipient to any other person is constitutionally valid; there is no fundamental right to receive foreign contribution (Noel Harper). Do not pad 3/11.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 7
What have the courts held on Section 7 of the Foreign Contribution (Regulation) Act?
Noel Harper v. Union of India (08 Apr 2022) is the leading judgment on this section among those set out below: FCRA 7: complete prohibition on transfer of foreign contribution by the recipient to any other person is constitutionally valid; there is no fundamental right to receive foreign contribution (Noel Harper). Do not pad 3/11.
How do I find court cases under Section 7 of the Foreign Contribution (Regulation) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Foreign Contribution (Regulation) Act 7, section 7 Foreign Contribution (Regulation) Act, section 7 of the Foreign Contribution (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Noel Harper v. Union of India (08 Apr 2022).
What should I read with Section 7 of the Foreign Contribution (Regulation) Act, and has it changed?
4 instruments name it without being made under it, most recently Foreign Contribution (Regulation) Amendment Rules 2019 (2019), then Comounding of Offence under FCRA, 2010 (2018).
When did Section 7 of the Foreign Contribution (Regulation) Act come into force?
Section 7 of the Foreign Contribution (Regulation) Act, cited as Foreign Contribution (Regulation) Act 7, came into force on 01 May 2011, having been enacted on 26 Sep 2010. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.