Section 28: Procedure to be Followed by Board

Quick summary

What Section 28 says

• Sub-section (1) — the Board shall function as an independent body and shall, as far as practicable, function as a digital office, with the receipt of complaints and the allocation, hearing and pronouncement of decisions being digital by design, adopting such techno-legal measures as may be prescribed.
• Sub-section (2) — on receipt of an intimation, complaint, reference or directions referred to in Section 27(1), the Board may take action in accordance with the Act and rules.
• Sub-section (3) — the Board shall determine whether there are sufficient grounds to proceed with an inquiry.
• Sub-section (4) — if the Board determines there are insufficient grounds, it may, for reasons recorded in writing, close the proceedings.
• Sub-section (5) — if the Board determines there are sufficient grounds, it may, for reasons recorded in writing, inquire into the affairs of any person to ascertain whether that person is complying, or has complied, with the Act's provisions.
• Sub-section (6) — the Board shall conduct such inquiry following the principles of natural justice, and shall record reasons for its actions during the course of the inquiry.
• Sub-section (7) — for discharging its functions under the Act, 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 attendance and examining a person on oath; (b) receiving evidence by affidavit and requiring discovery and production of documents; (c) inspecting any data, book, document, register, books of account or other document; and (d) such other matters as may be prescribed.
• Sub-section (8) — the Board or its officers shall not prevent access to any premises, or take into custody any equipment or item that may adversely affect the day-to-day functioning of a person.
• Sub-section (9) — the Board may require the services of any police officer, or any officer of the Central or a State Government, to assist it for this section's purposes, and it's the duty of every such officer to comply with the requisition.
• Sub-section (10) — during the inquiry, if the Board considers it necessary, it may, for reasons recorded in writing, issue interim orders after giving the person concerned an opportunity of being heard.
• Sub-section (11) — on completing the inquiry, and after giving the person concerned an opportunity of being heard, the Board may, for reasons recorded in writing, either close the proceedings or proceed in accordance with Section 33.
• Sub-section (12) — at any stage after receiving a complaint, if the Board is of the opinion the complaint is false or frivolous, it may issue a warning or impose costs on the complainant.

Breaking it down

The inquiry follows a clear, sequential structure. Threshold screening (sufficient grounds, sub-sections 3–5) → the actual inquiry conducted per natural justice (sub-section 6) → a decision at the end to close or proceed to penalty under Section 33 (sub-section 11). Reasons must be recorded in writing at multiple checkpoints along the way, not just at the final decision.

The Board's investigative powers mirror a civil court's, but its physical-access powers are deliberately limited. Sub-section (7) gives the Board strong evidence-gathering tools — summoning witnesses under oath, compelling document production, inspecting records — comparable to a civil court. But sub-section (8) draws a specific line: the Board can't block access to premises or seize equipment in a way that would disrupt a person's ongoing operations, distinguishing investigative rigor from operationally disruptive raids.

The digital-office design isn't just a convenience feature — it's a stated structural principle. Sub-section (1) makes complaint receipt, allocation, hearing and decision-pronouncement digital by design, “as far as practicable” — consistent with the broader digital-first approach the Act and Rules take toward the Board's functioning generally.

Interim orders exist for urgency, with the same hearing safeguard as final decisions. Sub-section (10) lets the Board act before an inquiry concludes if necessary, but even an interim order requires giving the person concerned an opportunity to be heard first, plus written reasons.

The false-complaint deterrent (sub-section 12) directly enforces Section 15(d)'s duty on Data Principals. This is the operative mechanism — a warning or a costs order — that gives real consequence to the duty not to file false or frivolous complaints, and it can be invoked at any stage, not only at the inquiry's conclusion.

Why this section matters

How an inquiry is actually conducted matters as much as what triggers one. Section 28 balances giving the Board real investigative teeth (civil-court-equivalent powers) against real constraints on overreach (no disruptive seizures, mandatory hearings before interim and final action, natural-justice requirements throughout) — and gives Data Fiduciaries a clear procedural roadmap for what to expect if they become subject to a Board inquiry.

Real-world example

Who needs to care about this section

• Any organisation potentially subject to a Board inquiry — this section is the actual procedural roadmap for how that inquiry unfolds.
• Legal teams preparing for a Board proceeding — the civil-court-equivalent evidentiary powers under sub-section (7) mean document production and witness examination should be anticipated seriously.
• Data Principals considering filing a complaint — sub-section (12)'s false/frivolous-complaint consequence is directly relevant to Section 15(d)'s duty.

Common questions

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