Section 25 of Digital Personal Data Protection Act, 2023 - Members and Officers to be Public Servants
Section 25 of the Digital Personal Data Protection Act, 2023 deals with the legal status of the Chairperson, Members, officers and employees of the Data Protection Board of India while they act, or purport to act, under the Act.
Text and meaning of Section 25
The provision deems the Chairperson, Members, officers and employees of the Board, when acting or purporting to act in pursuance of the Act, to be public servants within the meaning specified by the enactment.
In practical terms, Section 25 gives the specified persons of the Data Protection Board the legal status of public servants for acts done, or purported to be done, in pursuance of the Digital Personal Data Protection Act, 2023. The deeming rule is linked to the performance or purported performance of functions under the Act; it is not framed as an unrestricted declaration concerning every act in a person's private capacity.
Who is covered by Section 25?
The provision expressly covers four categories connected with the Data Protection Board of India: the Chairperson, Members, officers and employees of the Board. The expression "Board" is defined in Section 2(c) of the Act as the Data Protection Board of India established by the Central Government under Section 18.
When does the public servant status apply?
The statutory wording applies when the covered person is "acting or purporting to act" in pursuance of the provisions of the Act. Accordingly, the connection between the conduct and the exercise, purported exercise, or performance of functions under the DPDP Act is central to the operation of Section 25.
Reference to Section 21 of the Indian Penal Code
The enacted text of Section 25 refers to "section 21 of the Indian Penal Code". Section 21 of the Indian Penal Code, 1860 historically defined the expression "public servant". The Indian Penal Code was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The reference appearing in the text of Section 25 should therefore be read together with the applicable repeal, savings and statutory interpretation provisions. The text of Section 25 itself should not be silently rewritten merely because the IPC has been replaced.
Commencement of Section 25
The Digital Personal Data Protection Act, 2023 is Act No. 22 of 2023 and received assent on 11 August 2023. Its provisions were brought into force in stages. Section 25 is among the provisions that came into force on 13 November 2025.
Related provisions
Section 25 forms part of the statutory framework governing the Data Protection Board of India. It should be read with Section 18 on establishment of the Board, Sections 19 to 24 concerning its composition and administration, and Sections 26 to 28 concerning the Chairperson, the Board's powers and functions, and Board procedure.
Official legal resources
For authoritative and updated material, refer to the official Digital Personal Data Protection Act, 2023 on India Code and the Digital Personal Data Protection Rules, 2025 and related notifications on MeitY.