Code: Section 42 DPDP Act
(1) The Central Government may, by notification, amend the Schedule, subject to
the restriction that no such notification shall have the effect of increasing any penalty
specified therein to more than twice of what was specified in it when this Act was originally
enacted.
(2) Any amendment notified under sub-section (1) shall have effect as if enacted in
this Act and shall come into force on the date of the notification.
Explanation of Section 42 DPDP
Section 42 allows the Central Government to change the Schedule of penalties in the DPDP Act. It can do this by issuing a notification. However, there is an important limit: the government cannot raise any penalty beyond double the original amount mentioned when the law was passed.
Once the government issues a notification, the new version of the Schedule becomes part of the Act. The change starts on the same day the notification is published.
This section makes it easier for the government to update penalties. At the same time, it protects citizens from extreme penalty hikes.
Key Points
- The government can update the Schedule by notification.
- No penalty can be more than twice the original amount.
- The update takes effect immediately when notified.
- The change becomes part of the law.
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Illustration
Example 1: Raising a Penalty
Imagine the Schedule lists a ₹10 crore fine for a violation. The government decides to increase it. Under Section 42, it can raise this fine to a maximum of ₹20 crore. It cannot go beyond that limit.
Once the new fine is published by notification, it becomes active law from that same day.
Example 2: Immediate Start
If the government issues a notification on June 1, 2025, the changes come into force on June 1 itself. There’s no need to wait or go through extra steps.
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Common Questions and Answers on Section 42 DPDP
- Why does Section 42 exist?
It helps the government adjust penalties without needing Parliament’s approval each time. This makes the process faster and more flexible.
- Can the government raise penalties as much as it wants?
No. It can only double the original amount. For example, if a fine was ₹5 crore, it can go up to a maximum of ₹10 crore.
- When do these changes start?
The amendment becomes active on the day the notification is published.
- Is this amendment treated like a part of the law?
Yes. Once notified, it is legally treated as if it were written into the Act from the beginning.
- Does Parliament review these notifications?
Yes. Section 41 of the DPDP Act requires that such notifications be presented to Parliament. Parliament can change or cancel them if needed.
Read more about that here:
Section 41 – Laying of Rules and Notifications
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Conclusion
Section 42 of the DPDP Act gives the government power to revise penalties quickly. But it also sets clear limits to keep the changes fair. This balance ensures the law stays current without going overboard.
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