Section 36 empowers the Central Government to require the Board, any Data Fiduciary, or any intermediary to furnish information for the purposes of the Digital Personal Data Protection Act, 2023. This creates a statutory information-furnishing obligation for the Board and regulated entities when information is called for.

Good-faith actions or intended actions under the Digital Personal Data Protection Act, 2023 and its rules are protected from suits, prosecutions and other legal proceedings. The protection covers the Central Government, the Board, its Chairperson, Members, officers and employees for conduct undertaken or intended in good faith while exercising functions under the statutory framework.

Penalties imposed by the Board under the Digital Personal Data Protection Act, 2023 must be credited to the Consolidated Fund of India. All sums realised through such penalties are required to be deposited in that fund.

Significant breaches of the Digital Personal Data Protection Act, 2023 or its rules may result in a monetary penalty specified in the Schedule. The Board may impose the penalty only after completing an inquiry, determining that the breach is significant, and giving the concerned person an opportunity to be heard. Penalty assessment considers breach severity, affected personal data, repetition, gains or avoided losses, mitigation, proportionality, deterrence, and likely impact.

Voluntary undertakings may be accepted during compliance proceedings and may require specified action, restraint from action, or publication within a Board-determined period. Their terms may be varied with the undertaking giver's consent. Acceptance bars further proceedings on matters covered by the undertaking. Non-compliance with an accepted term is deemed a breach of the Act, following which action may proceed after an opportunity of hearing.

Alternate dispute resolution permits the Board, where it considers a complaint capable of resolution by mediation, to direct the concerned parties to attempt mediated resolution. The mediator may be selected by mutual agreement of the parties or in accordance with any law in force in India governing such mediation.

Appellate Tribunal orders under digital personal data protection law are executable by the Tribunal as civil-court decrees, with all powers of a civil court available for execution. The Tribunal may transmit an order to the civil court having local jurisdiction, which must execute it as though it were its own decree.

Any person aggrieved by an order or direction of the Board may appeal to the Appellate Tribunal within sixty days, subject to prescribed form, manner, and fee requirements. The Tribunal may condone delay for sufficient cause and, after hearing the parties, confirm, modify, or set aside the challenged order. Appeals should be disposed of expeditiously, with reasons recorded for delay beyond six months. Proceedings should function as far as practicable through a digital office.

Bail in allegations of fraudulent loan transactions requires assessment of the prima facie case, offence gravity and societal impact, public interest, and the risk of interference with justice. Alleged concerted siphoning of co-operative bank funds through loans was treated as seriously affecting depositors and the banking system. Temporary bail intended to enable recovery had not resulted in recovery. Alleged influence of the accused, together with a genuine apprehension of evidence tampering and interference with pending proceedings, weighed against release. Bail was therefore denied.

The Board operates independently and, as far as practicable, through a digital office. It must determine whether sufficient grounds exist before commencing an inquiry, record reasons when closing proceedings or proceeding with inquiry, and follow the principles of natural justice. The Board has civil-court-like powers for summoning, evidence, document production and inspection, but cannot disrupt day-to-day functioning by preventing premises access or taking custody of essential equipment. Interim orders and final action require an opportunity of hearing, while false or frivolous complaints may attract warnings or costs.

The Board may direct urgent remedial or mitigation measures for notified personal data breaches, inquire into specified breaches involving Data Fiduciaries, Consent Managers, and intermediaries, and impose applicable penalties. It may issue necessary directions after hearing the affected person and recording written reasons, with mandatory compliance. On a representation by an affected person or a reference from the Central Government, it may modify, suspend, withdraw, or cancel a direction subject to appropriate conditions.

Section 26 gives the Chairperson general superintendence and direction-setting authority over all administrative matters of the Board. The Chairperson may authorise Board officers to scrutinise intimations, complaints, references, and correspondence. Individual Members or groups of Members may be authorised to perform Board functions and conduct proceedings, with proceedings allocated among them by the Chairperson.

Public-servant status attaches to Board personnel when they act, or purport to act, under the Digital Personal Data Protection Act, 2023. For such functions, they are deemed public servants under the Indian Penal Code. The status applies only to conduct connected with the exercise or purported exercise of functions under the Act.

The Data Protection Board of India may appoint officers and employees necessary for efficient discharge of its functions under the Digital Personal Data Protection Act, 2023. Such appointments require prior approval of the Central Government, and the terms and conditions of appointment and service are to be prescribed.

Validity of Board acts and proceedings is protected against challenges based solely on a vacancy or defect in constitution, a defect in appointment of the Chairperson or another Member, or a procedural irregularity that does not affect case merits. Where the Chairperson cannot perform functions because of absence, illness or another cause, the senior-most Member performs those functions until the Chairperson resumes duties.

Resignation by the Chairperson or any other Member becomes effective on the earliest of governmental permission, expiry of three months after notice, a successor taking office, or expiry of the term. Vacancies caused by resignation, removal, death, or otherwise require fresh appointment under the Act. Former office-holders are restricted from accepting employment for one year without prior governmental approval and must disclose subsequent employment with a Data Fiduciary against whom proceedings were initiated by or before them.

Disqualification from appointment or continuation as Chairperson or Member arises from insolvency, a conviction involving moral turpitude, physical or mental incapacity, prejudicial financial or other interests, or abuse of office prejudicial to public interest. Removal by the Central Government requires that the Chairperson or Member first receive an opportunity to be heard.

Service conditions, including salary and allowances, of the Chairperson and other Members are to be prescribed and cannot be varied to their disadvantage after appointment. Each holds office for a two-year term and is eligible for re-appointment, combining protection against adverse service-condition changes with eligibility for successive appointments.

The Data Protection Board of India comprises a Chairperson and such additional Members as may be notified by the Central Government, with appointments made through the prescribed manner. Appointees must have ability, integrity and standing, together with special knowledge or practical experience in data governance, administration, social or consumer protection laws, dispute resolution, information and communication technology, the digital economy, law, regulation or techno-regulation. At least one appointee must be a legal expert.

Section 18 establishes the Data Protection Board of India from a date appointed by Central Government notification. The Board is a body corporate with perpetual succession and a common seal. Subject to the Act, it may acquire, hold and dispose of movable or immovable property, contract, and sue or be sued. Its headquarters shall be at a place notified by the Central Government.