DPDP reference

Section 28: Procedure to be followed by Board

Last checked 6 Nov 2026

The Board works as an independent body and, as far as practicable, as a digital office (s.28(1)). It decides whether there are sufficient grounds for inquiry, closing the matter with written reasons where there are not (s.28(3) and (4)). An inquiry follows natural justice (s.28(6)), with civil court powers over summons, evidence and inspection of documents (s.28(7)).

The Board may not prevent access to premises or take custody of equipment or an item in a way that may adversely affect a person's daily functioning (s.28(8)). It may issue interim orders after a hearing (s.28(10)), and at the end either close the proceedings or move to s.33 (s.28(11)). A false or frivolous complaint may bring a warning or costs (s.28(12)).

Applies to
Any person under inquiry, and any Data Principal who complains.
Starts
13 May 2027 (G.S.R. 843(E), item (c)).
Penalty
None of its own. This section sets out how the law works and places no duty on a business.
Source
Digital Personal Data Protection Act, 2023 (22 of 2023), section 28; G.S.R. 843(E), commencement

Questions

Can the Board inspect documents?

Yes. It has civil court powers including inspecting any data, book, document, register or books of account (s.28(7)(c)).

What happens to a false complaint?

The Board may issue a warning or impose costs on the complainant (s.28(12)).

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Not legal advice.