DPDP reference

Section 33: Penalties

Last checked 6 Nov 2026

If the Board finds on concluding an inquiry that a breach is significant, it may, after a hearing, impose a monetary penalty specified in the Schedule (s.33(1)). The Schedule gives a ceiling for each kind of breach.

The amount turns on the nature, gravity and duration of the breach; the type of personal data; repetition; any gain made or loss avoided; the timeliness and effectiveness of action taken to mitigate; whether the amount is proportionate and effective; and the likely impact on the person (s.33(2)).

Schedule ceilings: security safeguards under s.8(5), ₹250 crore; breach notice under s.8(6), ₹200 crore; children under s.9, ₹200 crore; Significant Data Fiduciary duties under s.10, ₹150 crore; Data Principal duties under s.15, ₹10,000; voluntary undertaking under s.32, up to the extent applicable for the original breach; any other provision of the Act or Rules, ₹50 crore. The Government may raise a penalty to no more than twice the enacted figure (s.42(1)).

Applies to
Any person the Board finds in significant breach of the Act or Rules.
Starts
13 May 2027 (G.S.R. 843(E), item (c)).
Penalty
This section and its Schedule set the penalties.
Source
Digital Personal Data Protection Act, 2023 (22 of 2023), section 33; G.S.R. 843(E), commencement

Questions

What is the highest penalty under the DPDP Act?

₹250 crore, for failing to take reasonable security safeguards under s.8(5) (s.33, Schedule item 1).

Is the penalty a fixed amount?

No. The Schedule sets a ceiling. The Board fixes the amount against the factors in s.33(2).

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Not legal advice.