DPDP Act 2023 · Section 28
Procedure to be followed by Board
- Status
- Not yet in force
- Commencement
- 13 May 2027 · computed date, presented as interpretation until officially confirmed (how it is computed)
- Source
- The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) · Gazette page 14
- Last verified
- 17 August 2026
What section 28 says, in plain English
Plain English
Not yet in force; the computed date is 13 May 2027, which is interpretation until officially confirmed. The summary below is what the provision says, not what is in force today. Status last checked 29 October 2026 against the MeitY library and India Code.
The Board functions as an independent body and, as far as practicable, a digital office, deciding whether grounds exist to inquire, closing proceedings or inquiring with recorded reasons, and following natural justice. It has civil court powers over summons and evidence, may pass interim orders after hearing the person concerned, and can impose costs for false or frivolous complaints.
How 13 May 2027 is computed, and why it could be 1 day later
Publication date 13 November 2025 printed on Gazette issue No. 757, plus eighteen months. The notification states a period rather than a calendar date and does not state how the period is counted. The eGazette record of this same issue carries a code embedding 14112025, which would move the computed date by 1 day. Taken with the unstated counting, the 2 uncertainties together could move it by up to 2 days, to 15 May 2027 at the latest; the printed masthead date is used, and the interpretation label carries both uncertainties. CORRECTED 2026-08-25: this note previously also cited the Government's own PIB release for 14 November 2025. That release is about the DPDP Rules, 2025, G.S.R. 846(E) in Gazette issue No. 760, and says nothing about this Act commencement notification, G.S.R. 843(E) in issue No. 757. The missing space in the phrase "section 6,sections 7 to 10" appears as printed in the Gazette text layer. A MeitY press release of 16 May 2026 (PRID 2261823) reports the Secretary, MeitY, as noting that the Act becomes fully enforceable from 13 May 2027; it is reported speech in a press release and not an instrument, so it corroborates this computation and does not confirm it, and the date basis stays derived.
Official text of section 28
Section 28. Procedure to be followed by Board.(1) The Board shall function as an independent body and shall, as far as practicable, function as a digital office, with the receipt of complaints and the allocation, hearing and pronouncement of decisions in respect of the same being digital by design, and adopt such techno-legal measures as may be prescribed. (2) The Board may, on receipt of an intimation or complaint or reference or directions as referred to in sub-section (1) of section 27, take action in accordance with the provisions of this Act and the rules made thereunder. (3) The Board shall determine whether there are sufficient grounds to proceed with an inquiry. (4) In case the Board determines that there are insufficient grounds, it may, for reasons to be recorded in writing, close the proceedings. (5) In case the Board determines that there are sufficient grounds to proceed with inquiry, it may, for reasons to be recorded in writing, inquire into the affairs of any person for ascertaining whether such person is complying with or has complied with the provisions of this Act. (6) The Board shall conduct such inquiry following the principles of natural justice and shall record reasons for its actions during the course of such inquiry. (7) For the purposes of discharging its functions under this Act, the Board shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of matters relating to— (a) summoning and enforcing the attendance of any person and examining her on oath; (b) receiving evidence of affidavit requiring the discovery and production of documents; (c) inspecting any data, book, document, register, books of account or any other document; and (d) such other matters as may be prescribed. (8) The Board or its officers shall not prevent access to any premises or take into custody any equipment or any item that may adversely affect the day-to-day functioning of a person. (9) The Board may require the services of any police officer or any officer of the Central Government or a State Government to assist it for the purposes of this section and it shall be the duty of every such officer to comply with such requisition. (10) During the course of the inquiry, if the Board considers it necessary, it may for reasons to be recorded in writing, issue interim orders after giving the person concerned an opportunity of being heard. (11) On completion of the inquiry and after giving the person concerned an opportunity of being heard, the Board may for reasons to be recorded in writing, either close the proceedings or proceed in accordance with section 33. (12) At any stage after receipt of a complaint, if the Board is of the opinion that the complaint is false or frivolous, it may issue a warning or impose costs on the complainant.
Commencement basis · Sections 3 to 5, section 6(1) to (8) and (10), sections 7 to 17, section 27 other than section 27(1)(d), sections 28 to 34, sections 36 and 37, and section 44(2) of the Act
“(c) eighteen months from the date of publication of this gazette, on which the provision of sections 3 to 5, sub-sections (1) to (8) and (10) of section 6,sections 7 to 10, sections 11 to 17, section 27 except clause (d) of sub-section (1) of the said section, sections 28 to 34, 36, 37 and sub-section (2) of section 44 of the said Act shall come into force.”
From commencement notification G.S.R. 843(E), Gazette issue No. 757, printed date 13 November 2025.
Sources cited on this page
- [1]The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) (Act No. 22 of 2023), s. 28, p. 14. Published 11 August 2023. Official source ↗ · Official requirement · Verified 17 August 2026Not yet in force; the computed date is 13 May 2027, which is interpretation until officially confirmedSection 28 begins on Gazette page 14 and concludes on page 15. The phrase "receiving evidence of affidavit requiring the discovery and production of documents" in clause (b) of sub section (7) appears as printed. The margin act reference "5 of 1908." printed beside sub section (7), citing the Code of Civil Procedure, 1908, is not part of the section text and is excluded.
- [2]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (c), p. 2. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Official requirement · Verified 17 August 2026Document status: published; in effect per its own termsNotification G.S.R. 843(E) names this section, within sections 28 to 34, in the group that comes into force eighteen months from the date of publication of the notification gazette. The computed calendar date, 13 May 2027, is interpretation until officially confirmed.
- [3]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (c), p. 2. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Official requirement · Verified 17 August 2026Document status: published; in effect per its own terms
eighteen months from the date of publication of this gazette, on which the provision of sections 3 to 5, sub-sections (1) to (8) and (10) of section 6,sections 7 to 10, sections 11 to 17, section 27 except clause (d) of sub-section (1) of the said section, sections 28 to 34, 36, 37 and sub-section (2) of section 44 of the said Act shall come into force.
- [4]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), p. 1. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Interpretation, requires judgment · Verified 17 August 2026Document status: published; in effect per its own termsThe calendar date 13 May 2027 is computed from the printed publication date and is presented as interpretation until officially confirmed. It aligns with the derived date for the main group of the DPDP Rules 2025.
- [5]“National Consultative Workshop on ‘Strengthening Cyber Security Frameworks for State Data’” (Press Information Bureau release, PRID 2261823) (Release ID 2261823), p. 1. Published 16 May 2026. Official source ↗ · An official record, not a legal requirement · Verified 18 October 2026Document status: published official press release of 16 May 2026 on a MeitY workshop of 11 May 2026; it reports the Secretary, MeitY, in reported speech, as noting that the Act becomes fully enforceable from 13 May 2027; a press release and not an instrument, it cites no provision and no publication dateA press release of 16 May 2026 reporting the Secretary, MeitY, in reported speech, as noting that the Act becomes fully enforceable from 13 May 2027: the only official statement this site has located, as at 18 October 2026, that names the date this group computes to. Not an instrument and not a confirmation; the period in paragraph (c) is what the notification states.