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Home/DPDP Act/Chapter IX — Miscellaneous/Section 42 — Power to Amend Schedule
DPDP Act, 2023 · Chapter IX · Section 42 of 44

Section 42: Power to Amend Schedule

Section 42 lets the Central Government update the Act's penalty Schedule by notification rather than needing a fresh Act of Parliament — but caps how far penalties can be increased, at double the amount originally enacted.

Effective from 13 May 2027Reviewed September 2026
Back to the Full DPDP Act GuideNext: Section 43 — Power to Remove Difficulties
StatusEffective 13 May 2027
Chapter IX · Miscellaneous

Quick summary

In plain terms: The Central Government may, by notification, amend the Schedule, but can't increase any penalty specified in it to more than twice what was originally enacted. An amendment notified this way takes effect as if it had been enacted in the Act itself, from the date of notification.

What Section 42 says

  • Sub-section (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shall have the effect of increasing any penalty specified in it to more than twice what was specified when the Act was originally enacted.
  • Sub-section (2) — any amendment notified under sub-section (1) shall have effect as if enacted in the Act, and shall come into force on the date of the notification.

Breaking it down

This section gives the Schedule — the table of maximum penalties by breach category, referenced in Section 33(1) — a lighter-weight amendment process than the rest of the Act, while still keeping a firm outer limit on how much penalties can grow through this route.

The doubling cap is measured against the original 2023 figures, not the most recent amendment. “More than twice what was specified when the Act was originally enacted” anchors the ceiling to the Schedule as it stood at enactment — so even multiple successive amendments over time can't push any individual penalty beyond double its original 2023 figure through this notification power alone.

An amended Schedule figure has the same legal force as if Parliament had passed it directly. Sub-section (2)'s “as if enacted in the Act” language means a notified amendment isn't some lesser or provisional form of law — it has full statutory effect, immediately from the notification date.

This is narrower than the general rule-making power in Section 40. Section 40 lets rules be made on the 26 listed operational matters (and more); Section 42 is a separate, specific power limited only to amending the Schedule's penalty figures, with its own distinct cap that doesn't apply to ordinary rule-making.

Why this section matters

Penalty amounts that stay fixed for decades can lose their deterrent value as economic conditions change, but requiring a full Act of Parliament every time a penalty figure needs adjusting would be slow and cumbersome. Section 42 balances these concerns: giving the government a faster notification-based route to update the Schedule, while the doubling cap prevents that faster route from being used to impose dramatically higher penalties without going back to Parliament for a proper amendment.

Real-world example

Example

What the doubling cap means in practice

Take the Schedule's highest current ceiling — up to ₹250 crore for failing to take reasonable security safeguards under Section 8(5), as originally enacted in 2023.

  • What sub-section (1) allows — the Central Government could, by notification, increase this ceiling — but not beyond ₹500 crore, twice the originally enacted figure, regardless of how many separate notifications are used to get there.
  • What it would take to go higher — increasing any Schedule penalty beyond double its original 2023 figure would require Parliament to actually amend the Act itself, rather than relying on this notification power.
  • Once notified within the cap — under sub-section (2), the new figure applies with full legal effect from the notification date, exactly as if Parliament had enacted it directly.

Who needs to care about this section

  • Compliance and legal teams tracking penalty exposure — should watch for Schedule amendment notifications, since penalty ceilings can change without a fresh Act of Parliament.
  • Policy teams — the doubling cap is a useful reference point for understanding the outer limit of how far penalties could realistically move through this specific mechanism.

Common questions

Can the government raise DPDP penalties as much as it wants through this power?
No — sub-section (1) caps any increase at double the amount originally specified in the Schedule when the Act was enacted in 2023; going beyond that would require a fresh Act of Parliament.
Does a notified Schedule amendment need separate legislation to take effect?
No — sub-section (2) gives a properly notified amendment the same effect as if it had been enacted directly in the Act, from the date of notification.
Where would I find the current Schedule penalty amounts?
See DPDP Penalties for the current penalty table; check for any subsequent Schedule amendment notifications if verifying the most current figures.

Related sections

Section 43 — Power to Remove Difficulties

Continue to the next section in sequence.

Read Section 43

Section 41 — Laying of Rules and Certain Notifications

Go back to the previous section.

Read Section 41

Chapter IX — Miscellaneous

See every section in this chapter together.

View the chapter

Full DPDP Act Guide

Back to the overview page, with the complete section-by-section guide.

View all 44 sections

DPDP Penalties

The current Schedule penalty table by breach category.

See the full penalty table