Section 28 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The second half of section 28 gives the Board working powers and sets their limits. It has the powers of a civil court for summoning witnesses, taking evidence, and inspecting data and documents; it cannot block premises or seize equipment that would harm day-to-day functioning; it can ask police and Government officers for help; it may issue interim orders after a hearing; it ends an inquiry by closing or moving to penalty; and it can warn or impose costs on a false or frivolous complainant. See sub-sections 1 to 6 for the frame. For help in a Board matter, our legal dispute resolution team is available.
Section 28(7) gives the Board the same powers as a civil court under the Code of Civil Procedure, 1908 for summoning and examining on oath, receiving affidavit evidence and requiring production of documents, inspecting data and records, and other prescribed matters. Section 28(8) says it shall not prevent access to any premises or take custody of any equipment that may adversely affect day-to-day functioning. Interim orders need reasons in writing and a hearing (28(10)). An inquiry ends by closure or by moving to section 33 after a hearing (28(11)). A false or frivolous complaint can draw a warning or costs (28(12)).
At a glance
| Sub-section | Subject | Key content |
|---|---|---|
| 28(7) | Civil court powers | Summoning and examining on oath; affidavit evidence and discovery and production of documents; inspection of data, books, documents, registers, accounts; other prescribed matters |
| 28(8) | Safeguard | No preventing access to premises or taking custody of equipment or items that may adversely affect day-to-day functioning |
| 28(9) | Assistance | Police or Central or State Government officers may be required; duty to comply |
| 28(10) | Interim orders | If necessary, for reasons in writing, after hearing |
| 28(11) | Conclusion | After inquiry and hearing, close the proceedings or proceed under section 33, for reasons in writing |
| 28(12) | False or frivolous complaints | At any stage, warning or costs on the complainant |
28(7): the powers of a civil court
The Board has "the same powers as are vested in a civil court under the Code of Civil Procedure, 1908" in respect of:
- (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 (section 40(2)(w) leaves these to the Rules).
For a business this means you can be summoned, examined on oath and required to produce records. Point (c) extends to "any data", so logs, consent records and system exports are within reach. Keep them retrievable and intact. The Act does not say how summons are served or what penalty follows non-attendance beyond the Board's CPC powers.
28(8): what the Board may not do
"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."
This limits intrusive measures. The Board can inspect, but it cannot lock a premises or seize equipment where that would hurt normal operations. The text is qualified by the effect on "day-to-day functioning", so it does not shield every item; it protects those whose removal or blocked access would impair operations. A cautious fiduciary should still cooperate and offer copies or supervised access rather than rely on this clause.
28(9): help from police and officials
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." The Act does not describe the kinds of help; the purpose is the section's own: inquiry and inspection.
28(10): interim orders
"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."
- Necessity is the test; the Act does not define the content of an interim order.
- Reasons in writing are required.
- A hearing first. There is no express exception for urgent cases, so the Act's text requires the opportunity of being heard before the order.
- Interim orders are "orders or directions made by the Board", so an appeal to the Appellate Tribunal under section 29(1) is open to "any person aggrieved" by an order or direction. The Act does not separately exclude interim orders.
28(11): how an inquiry ends
"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."
Section 33 requires a determination that the breach is "significant" before a penalty from the Schedule can be imposed, and lists factors to weigh. See section 33. There is a hearing at this point as well as before interim orders.
28(12): false or frivolous complaints
"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."
Key features:
- Any stage. From receipt to the end of the inquiry.
- Board's opinion. The Act does not define "false" or "frivolous".
- Two tools: warning or costs. The Act does not set an amount or scale for costs.
- Link to section 15(d). It is a duty of the Data Principal not to register a false or frivolous grievance or complaint. Breach of the duty carries the Schedule item 5 penalty, up to ten thousand rupees. See section 15.
The section does not say whether a hearing is needed before warning or costs. Natural justice under 28(6) suggests the complainant should be heard; the text is silent.
What a company should do
- Keep a document index so that production under 28(7)(b) and (c) is quick.
- Nominate a records custodian who can answer on oath from first-hand knowledge.
- Respond to interim order proposals in the hearing; do not wait for the final stage.
- Raise frivolity early and with evidence if a complaint is baseless.
- Plan for appeal within sixty days of receipt of the order under section 29(2). See section 29.
Example
A customer files a complaint alleging a breach; the company's logs show no incident. The Board inspects the logs under 28(7)(c), hears the company, and decides the complaint is false. It may warn the customer or impose costs under 28(12).
What these sub-sections do not say
- No scale of costs and no maximum.
- No definition of "interim orders" or their duration.
- No rule on confidentiality of documents produced to the Board.
- No special rule for compelled testimony against the witness's own interest.
Need help facing a Board inquiry?
Summons, document demands and interim orders move quickly and need a considered response. Our legal dispute resolution team can help you prepare evidence, witnesses and submissions and advise on appeal.
Key takeaways
- The Board has civil court powers of summons, oath, evidence, production and inspection.
- It cannot block premises or take equipment that would harm day-to-day functioning.
- Interim orders need necessity, written reasons and a hearing.
- An inquiry ends in closure or in section 33 after a hearing.
- False or frivolous complaints can draw a warning or costs.
Read next
- Section 28 (1)-(6): inquiry procedure of the Board
- Section 29 of the DPDP Act, 2023: appeal to the Appellate Tribunal
- Section 15 of the DPDP Act, 2023: duties of Data Principal
- Section 33 of the DPDP Act, 2023: monetary penalty and factors
Disclaimer: Based on the Digital Personal Data Protection Act, 2023 (official text as enacted, No. 22 of 2023) as on 30 September 2026. The DPDP Rules, 2025 were notified in November 2025 and different provisions commence on different dates; this article does not state rule-level detail. Verify the current position in the Rules and the commencement notifications before acting.