Section 43 of Digital Personal Data Protection Act, 2023 - Power to Remove Difficulties

Section 43 of the Digital Personal Data Protection Act, 2023 empowers the Central Government to issue an order for removing a difficulty that arises in giving effect to the Act. The power is subject to important statutory safeguards: an order cannot be inconsistent with the Act, the power is available only for a limited period, and every such order must be placed before both Houses of Parliament.

Section 43 - Power to Remove Difficulties

Meaning and Scope of Section 43

Section 43 is a statutory "removal of difficulties" provision. It gives the Central Government a limited power to deal with practical difficulties that may arise while giving effect to the Digital Personal Data Protection Act, 2023.

The section does not confer an unrestricted power to alter the Act. Any provision made through an order under Section 43 must remain consistent with the provisions enacted by Parliament.

Key Requirements of Section 43

Power of the Central Government under Section 43(1)

Sub-section (1) applies when a difficulty arises in giving effect to the provisions of the Act. In such a situation, the Central Government may make provisions that appear necessary or expedient for removing that difficulty.

The order must be published in the Official Gazette. More importantly, the provision made by the Government cannot be inconsistent with the Digital Personal Data Protection Act, 2023. This limitation preserves the primacy of the Act passed by Parliament.

Three-Year Limit under Section 43(2)

Sub-section (2) places an express temporal restriction on the power. An order for removing difficulties cannot be made after the expiry of three years from the date of commencement of the provision.

Section 43 was brought into force on 13 November 2025. Accordingly, the statutory three-year window under Section 43(2) is linked to that commencement date.

Parliamentary Oversight under Section 43(3)

Sub-section (3) requires every order made under Section 43 to be laid before each House of Parliament as soon as may be after it is made. The requirement provides legislative oversight over the exercise of the Central Government's removal-of-difficulties power.

Section 43 and the DPDP Act Commencement

The Digital Personal Data Protection Act, 2023 received Presidential assent on 11 August 2023. Section 1(2) permits different provisions of the Act to be brought into force on different dates through notification in the Official Gazette.

The Central Government subsequently notified the phased commencement of the Act. Section 43 is among the provisions that came into force on 13 November 2025.

Digital Personal Data Protection Rules, 2025

The Central Government has also notified the Digital Personal Data Protection Rules, 2025 under the rule-making powers contained in the Act. The Rules have their own phased commencement provisions and should be read together with the provisions of the Act that are in force from time to time.

Official Legal Resources

The authoritative text and current status of the legislation should be verified from official Government sources:

Digital Personal Data Protection Act, 2023 - India Code

Acts, Rules and Policies - Ministry of Electronics and Information Technology

Digital Personal Data Protection Rules, 2025 - MeitY

Related Provisions

Section 43 forms part of the concluding provisions of the Digital Personal Data Protection Act, 2023. Readers may also refer to Section 40 - Power to make rules, Section 41 - Laying of rules and certain notifications, Section 42 - Power to amend Schedule, and Section 44 - Amendments to certain Acts.

Last reviewed and updated: 24 September 2026.