Chapter IX · Miscellaneous
Section 42: Power to Amend the Schedule
Section 42 lets the Central Government adjust the penalties Schedule by notification, with one hard limit: it cannot more than double any penalty from the amount originally enacted.
- Chapter
- Chapter IX · Miscellaneous
- Status
- In force
- Effective
- 13 November 2025
- Applies to
- The penalties Schedule
- Official citation
- DPDP Act, 2023, s.42
- Reading time
- 4 min
- Updated
- August 2026
At a glance
Section 42 gives the Central Government power, by notification, to amend the Schedule to the Act [42(1)], subject to an important cap: no such amendment may increase any penalty to more than twice the amount that was specified for it when the Act was originally enacted. Any amendment made under this section takes effect, on the date of the notification, as if it had been enacted in the Act [42(2)]. The Schedule sets the maximum financial penalties the Board can impose for different breaches, so this section is the controlled mechanism for updating those ceilings without a fresh amendment Act, while the doubling cap keeps the executive's power bounded. Notifications under Section 42 are also subject to laying before Parliament under Section 41. Section 42 is already in force, having commenced on 13 November 2025.
Key takeaways
- Section 42 lets the Central Government amend the Schedule (the table of maximum penalties) by notification [42(1)].
- There is a hard cap: no penalty can be increased to more than twice its originally enacted amount.
- An amendment takes effect as if enacted in the Act, from the notification date [42(2)].
- It is the controlled way to update penalty ceilings without passing a new amendment Act.
- Section 42 notifications are also laid before Parliament under Section 41, and the section is already in force (since 13 November 2025).
Who should read this
Read this if you track the penalty exposure in the Schedule: it is the mechanism by which those maximum amounts can change, and the limit on how far.
In plain language
Section 42 is an adjustment valve for the penalties table. The Schedule lists the maximum financial penalty for each type of breach, and this section lets the Central Government update those figures by notification rather than by a full amendment to the Act.
The power is bounded. It cannot be used to raise any penalty to more than double what the Act originally set, and any change takes effect as if written into the Act. Because it is a notification, it is also caught by the Section 41 laying requirement.
The text of the law
Section 42: Power to Amend the Schedule
42(1) The Central Government may, by notification, amend the Schedule, but no such amendment may increase a financial penalty to more than twice the amount specified for it when the Act was originally enacted.
42(2) Every amendment made under this section takes effect, on the date of the notification, as if it had been enacted in the Act.
Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.
What this means for you
- Do not treat the Schedule figures as permanently fixed: the maximum penalties can be raised by notification, up to double the original amount, so build headroom into your risk assessment.
- Watch for Section 42 notifications and, because they are laid under Section 41, any parliamentary action on them, when you reassess exposure.
- Anchor your penalty modelling to the current Schedule and re-check it periodically rather than relying on a figure you noted once. Want your exposure mapped to the current Schedule? Take the readiness assessment or find a specialist.
Frequently asked questions
What can Section 42 change?
Is there a limit on penalty increases?
When does an amendment take effect?
Is Section 42 in force?
Sources
- Digital Personal Data Protection Act, 2023Ministry of Electronics and IT (MeitY)
- DPDP Rules, 2025Notified 13–14 November 2025
This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.