Section 40: Cognizance of Offences
Chapter: Miscellaneous
Overview
Courts can only take cognizance on Board complaints. This section falls under the "Miscellaneous" chapter of the Digital Personal Data Protection Act 2023, which was enacted to establish a comprehensive framework for data protection in India.
Key Points of Section 40
- Criminal courts can only take cognizance of offences under this Act based on Board complaints
- Ensures centralized enforcement through the Board
- Prevents private criminal prosecution for data protection violations
Who This Applies To
All entities — criminal enforcement is channeled through the Board
Compliance Action Steps
- Understand that criminal liability requires Board initiation
- Maintain relationship with Board for compliance queries
- Document compliance efforts as defense against criminal proceedings
How Complynz Helps
Complynz automates compliance with Section 40 through AI-powered assessments, policy templates, and continuous monitoring. Our platform maps each DPDP provision to actionable controls so your team can achieve and maintain compliance efficiently.
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