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Sources last verified on 17 August 2026. Methodology

DPDP Act 2023 · Section 33

Penalties

Status
Not yet in force
Commencement
13 May 2027 · computed date, presented as interpretation until officially confirmed (Publication date 13 November 2025 printed on Gazette issue No. 757, plus eighteen months. The missing space in the phrase "section 6,sections 7 to 10" appears as printed in the Gazette text layer.)
Source
The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) · Gazette page 16
Last verified
17 August 2026
Official requirement · verbatim

Section 33. Penalties.(1) If the Board determines on conclusion of an inquiry that breach of the provisions of this Act or the rules made thereunder by a person is significant, it may, after giving the person an opportunity of being heard, impose such monetary penalty specified in the Schedule. (2) While determining the amount of monetary penalty to be imposed under sub-section (1), the Board shall have regard to the following matters, namely:— (a) the nature, gravity and duration of the breach; (b) the type and nature of the personal data affected by the breach; (c) repetitive nature of the breach; (d) whether the person, as a result of the breach, has realised a gain or avoided any loss; (e) whether the person took any action to mitigate the effects and consequences of the breach, and the timeliness and effectiveness of such action; (f) whether the monetary penalty to be imposed is proportionate and effective, having regard to the need to secure observance of and deter breach of the provisions of this Act; and (g) the likely impact of the imposition of the monetary penalty on the person.

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. [1]The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) (Act No. 22 of 2023), s. 33, p. 16. Published 11 August 2023. Official source ↗ · Official requirement · Verified 17 August 2026Section 33 begins on Gazette page 16 and concludes on page 17.
  2. [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 ↗ · Official requirement · Verified 17 August 2026Notification 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. [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 ↗ · Official requirement · Verified 17 August 2026
  4. [4]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), p. 1. Published 13 November 2025. Official source ↗ · Interpretation, requires judgment · Verified 17 August 2026The 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.