Section 44 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.
Section 44 changes three other Acts. It adds the DPDP Appellate Tribunal to section 14 of the TRAI Act, 1997 (sub-section 1); it omits section 43A of the IT Act, 2000, amends the proviso to section 81 of that Act and omits clause (ob) of section 87(2) (sub-section 2); and it substitutes a new clause (j) in section 8(1) of the Right to Information Act, 2005 (sub-section 3). The text is short; the effect on compensation for data loss, on the Tribunal and on access to personal information is large. See our legal consultation team for help with the effect on your processes.
44(1): TRAI Act, 1997, section 14, clause (c): new sub-clauses (i) to (iii) are substituted, the third naming the Appellate Tribunal under the Digital Personal Data Protection Act, 2023. 44(2): IT Act, 2000: section 43A is omitted; in the proviso to section 81, the words "or the Digital Personal Data Protection Act, 2023" are inserted after "the Patents Act, 1970"; clause (ob) of section 87(2) is omitted. 44(3): RTI Act, 2005, section 8(1): clause (j) is substituted with "information which relates to personal information;". Check commencement for each change.
At a glance
| Sub-section | Act amended | Change |
|---|---|---|
| 44(1) | TRAI Act, 1997, section 14(c) | Sub-clauses (i), (ii) replaced by (i) the Appellate Tribunal under the IT Act, 2000; (ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008; and (iii) the Appellate Tribunal under the Digital Personal Data Protection Act, 2023 |
| 44(2)(a) | IT Act, 2000 | Section 43A omitted |
| 44(2)(b) | IT Act, 2000, section 81 proviso | After "the Patents Act, 1970" insert "or the Digital Personal Data Protection Act, 2023" |
| 44(2)(c) | IT Act, 2000, section 87(2) | Clause (ob) omitted |
| 44(3) | RTI Act, 2005, section 8(1) | Clause (j) substituted: "information which relates to personal information;" |
Section 44(1): the TRAI Act and the Tribunal
The DPDP Act defines "Appellate Tribunal" in section 2(a) as the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the TRAI Act, 1997. Section 44(1) amends clause (c) of that section 14 so that the Tribunal's list of matters includes appeals under this Act, in the wording quoted above. This is what gives the Tribunal its role for appeals from the Board. Sections 29 and 30 set out the appeal and execution. See section 29 and sections 30 and 31.
The Act quotes the new sub-clauses in full and this article does not add to them.
Section 44(2): IT Act, 2000
(a) Section 43A omitted
The DPDP Act's text only says "section 43A shall be omitted". It does not describe that section. For compliance, the point is that, once this provision comes into force, the DPDP Act's regime (section 8(5) safeguards, section 33 and the Schedule) sits in the same field of security safeguards and penalties, and contracts that cite section 43A need review. The Act does not say what happens to claims that arose before omission, and does not contain a substitute compensation provision to a Data Principal. The penalties go to the Consolidated Fund (section 34). Check the commencement notification, since section 1(2) lets provisions come into force on different dates.
(b) Section 81 proviso
The DPDP Act amends the proviso to section 81 of the IT Act. The text says no more, and this article does not characterise the effect beyond what the amendment says: the words "or the Digital Personal Data Protection Act, 2023" are inserted after the reference to the Patents Act, 1970.
(c) Section 87(2), clause (ob)
Clause (ob) of section 87(2) of the IT Act is omitted. The DPDP Act does not describe the clause. Read the IT Act as amended for the current position.
Section 44(3): the RTI Act
Section 8(1) of the RTI Act lists information exempt from disclosure. Section 44(3) substitutes clause (j): "(j) information which relates to personal information;".
What to take from it, sticking to the text:
- The clause as substituted reads in full: "information which relates to personal information;".
- The Act does not say what the clause said before, and does not define "personal information" in this clause. The DPDP Act's own definition of "personal data" is in section 2(t); the RTI clause uses different words.
- The DPDP Act does not say how a Public Information Officer should balance the clause against disclosure in the public interest. Anyone handling RTI requests should read section 8 of the RTI Act as amended, together with the remaining parts of that section.
- The amendment affects public authorities and applicants under the RTI Act; private fiduciaries are not directly affected, but their data in the hands of public authorities may be.
When do these amendments take effect?
Section 1(2) says the Act comes into force on such date as the Central Government may appoint, and different dates may be appointed for different provisions. Section 44 is a provision like any other. The DPDP Rules, 2025 (notified November 2025) provide for phased commencement. This article does not state any date. Check the commencement notifications for when section 44(1), (2) and (3) take effect. Until then, the older text of the other Acts stands.
Practical consequences
- Security and compensation framework. When section 43A is omitted, rely on the DPDP Act and Rules for safeguard obligations; review contracts that cite section 43A.
- Appeals. Plan for the Telecom Disputes Settlement and Appellate Tribunal as the forum for Board orders.
- RTI handling. Public authorities should review how they process requests that involve personal information, using the amended clause.
- Cross-references in documents. Policies, contracts and templates that cite section 43A need review.
- Track commencement for each sub-section.
Example
A services company's template contract says the vendor will maintain "reasonable security practices under section 43A of the IT Act". The company reviews it after noting that section 43A is omitted when section 44(2)(a) comes into force, and revises the clause to refer to safeguards required under section 8(5) of the DPDP Act and the Rules.
What section 44 does not say
- No date of effect for any sub-section.
- No transitional provision for pending claims under section 43A.
- No definition of "personal information" in the RTI clause.
- No description of clause (ob) or of the old RTI clause.
Need help updating documents for these changes?
Contracts, policies and RTI procedures often still cite the old text. Our legal consultation team can help you review those documents against the amended position and the commencement notifications.
Key takeaways
- Section 44(1) adds the DPDP Appellate Tribunal to section 14(c) of the TRAI Act.
- Section 44(2) omits section 43A and clause (ob) of section 87(2) of the IT Act and amends the proviso to section 81.
- Section 44(3) substitutes RTI Act section 8(1)(j) with "information which relates to personal information;".
- Commencement is by notification; check each sub-section.
- Review documents that cite section 43A.
Read next
- Sections 38 and 39: consistency with other laws and bar of civil court
- Section 29 of the DPDP Act, 2023: appeal to the Appellate Tribunal
- Section 1 of the DPDP Act, 2023: short title and commencement
- Section 8 of the DPDP Act, 2023: reasonable security safeguards
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.