BACK TO DPDP ACT(2018) 13 SCC 1
DPDP Act 2023
Section 24
Powers and Functions of the Board
THE STATUTE
Original Text
(1) The Board shall have the following powers and functions, namely — (a) to conduct inquiries in pursuance of complaints received; (b) to conduct inquiries on reference made to it by the Central Government or the State Government; (c) to take such action as may be necessary in connection with any inquiry, including— (i) summoning and enforcing attendance of any person and examining him on oath; (ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavit; (iv) issuing commissions for examination of witnesses or documents; (v) inspecting any document in the possession of any Data Fiduciary or Data Processor; (d) to give directions to the Data Fiduciary or Data Processor concerned. (2) The Board shall, for the purposes of discharging its functions, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit. (3) Where the Board, in the course of any inquiry, is of the opinion that there is a prima facie case of commission of a criminal offence, it may refer the matter to the appropriate authority.
Simplified
Section 24 is the operational core of the Board's enforcement capacity — it defines what the Board can actually do when investigating a complaint or conducting an inquiry. The Board's adjudicatory powers are built on the civil court model: Section 24(2) expressly vests the Board with the same powers as a civil court under the Code of Civil Procedure 1908 while trying a suit. This is a powerful foundation: it means the Board can issue summons with the force of law, compel document production, examine witnesses under oath, and take evidence by affidavit — all with the contempt and enforcement machinery of civil court orders backing these directions. Section 24(1)(a) and (b) establish two routes to inquiry: complaints from Data Principals, and references from Central or State Governments. The government referral power means the Board can be directed to investigate specific Data Fiduciaries or industry sectors at the government's initiative — raising questions about whether this could be used to target political opponents or disfavoured companies. Section 24(1)(c) lists the specific investigatory tools: attendance and examination on oath; document discovery; affidavit evidence; commissions for out-of-jurisdiction witnesses; and document inspection at the Data Fiduciary's premises. Section 24(1)(d) gives the Board direction-giving power — it can tell a Data Fiduciary to do (or stop doing) something specific, not just impose financial penalties. Section 24(3) is critical for criminal matters: if the Board encounters evidence of a criminal offence during its civil inquiry, it must refer the matter to the appropriate authority (police, CBI, etc.). This creates a handoff mechanism between the Board's civil enforcement jurisdiction and the criminal justice system.
Common Queries
Yes. Section 24(2) gives the Board civil court powers, including the power to summon any person and examine them under oath. A CEO or senior officer could be summoned to appear before the Board in an inquiry.
Section 24(1)(d) gives the Board power to 'give directions' to Data Fiduciaries and Processors — this could include directing cessation of specific processing activities, not just imposing fines.
The Board has civil court powers, meaning non-compliance with a Board summons is treated as contempt — the same consequences as ignoring a court summons, including potential escalation to a civil court for enforcement.
Not directly — the Board is a civil regulatory body. But if it encounters a prima facie criminal offence during an inquiry, Section 24(3) requires it to refer the matter to the appropriate criminal authority (police, CBI, etc.).
Legal Context
Giving regulatory bodies civil court powers is standard Indian legislative drafting — the IT Act's Adjudicating Officer has similar powers, as does SEBI's adjudicatory machinery. The criminal referral power ensures that serious DPDP contraventions can be escalated to criminal investigation where warranted.
Key Rules & Provisions
Civil court powers under CPC — summons, document production, oath examination, commissions.
Government referral power — Board can investigate at Central or State Government direction.
Criminal referral mechanism — ensures serious offences are escalated to criminal authorities.
Direction power — Board can order remediation, not just impose penalties.
Related Case Laws
Securities Exchange Board of India v. Rakhi Trading Pvt. Ltd. (2018)
RELEVANCE
The Supreme Court upheld SEBI's civil court powers — including the power to call for information and records — as constitutionally valid regulatory tools. Section 24's grant of civil court powers to the DPBI follows this established model and has similar constitutional footing.