Data Privacy Law in India

 Data privacy law in India, focusing on the Digital Personal Data Protection Act, 2023 (DPDP Act), its background, key provisions, challenges, and practical implications. writing this blog for a general audience with an informative tone, it incorporates recent developments, including the draft DPDP Rules released in January 2025.

India’s Data Privacy Revolution: Understanding the DPDP Act, 2023

In 2025, India stands at the forefront of the global data privacy movement with the Digital Personal Data Protection Act, 2023 (DPDP Act), its first comprehensive data privacy law. With over 760 million active internet users, India is the world’s second-largest internet market, making robust data protection critical. The landmark 2017 Supreme Court ruling in Justice K.S. Puttaswamy v. Union of India declared privacy a fundamental right under Article 21 of the Constitution, paving the way for the DPDP Act. Enacted on August 11, 2023, and awaiting full implementation, this law balances individual rights with the needs of businesses and government. This blog explores the DPDP Act’s origins, key provisions, challenges, and practical steps for compliance, offering insights for individuals and organizations in India’s digital era.

The Evolution of Data Privacy in India

Until 2023, India lacked a standalone data privacy law. The Information Technology Act, 2000 (IT Act) and its 2011 Sensitive Personal Data or Information (SPDI) Rules provided limited protections, focusing on basic security practices for digital data. The Puttaswamy judgment in 2017, recognizing privacy as a fundamental right, spurred action. Earlier attempts at comprehensive legislation, like the 2018 and 2019 Personal Data Protection Bills, faced criticism for being overly regulatory or granting excessive government exemptions. After multiple drafts and public consultations, the DPDP Bill, 2022 evolved into the DPDP Act, passed by Parliament in August 2023.

On January 3, 2025, the Ministry of Electronics and Information Technology (MeitY) released the draft Digital Personal Data Protection Rules, 2025, open for public feedback until February 18, 2025. These rules aim to operationalize the DPDP Act, with provisions like the establishment of the Data Protection Board of India (DPB) taking effect immediately upon final publication, while others, like consent and breach notification rules, will follow later. This phased approach reflects India’s commitment to balancing innovation with privacy in its rapidly digitizing economy, the fifth largest globally.

Key Provisions of the DPDP Act

The DPDP Act applies to digital personal data—any information identifying an individual, such as names, addresses, or online identifiers—processed within India or by foreign entities offering goods or services to Indian residents. It excludes non-digital data, publicly available data, and data processed for personal use. Key provisions include:

•  Consent and Transparency: Data fiduciaries (entities controlling data use) must obtain explicit, informed consent, accompanied by a clear privacy notice in English or one of India’s 22 constitutional languages. Consent can be withdrawn, and notices must detail data use and grievance redressal options.

•  Data Principal Rights: Individuals (data principals) can access, correct, erase, or restrict their data. For children (under 18) or persons with disabilities, verifiable parental or guardian consent is required.

•  Data Minimization and Purpose Limitation: Data collection must be limited to what’s necessary for a specified purpose, with erasure required once that purpose is fulfilled.

•  Security and Breach Notification: Data fiduciaries must implement safeguards to prevent breaches and notify the DPB and affected individuals within 72 hours of a breach.

•  Significant Data Fiduciaries: Entities handling large volumes of data face stricter compliance, such as mandatory audits and data protection impact assessments.

•  Penalties: Non-compliance can lead to fines up to ₹250 crore (~$30 million USD) for breaches or failure to secure data.

•  Data Protection Board (DPB): The DPB, appointed by the government, oversees compliance, investigates breaches, and imposes penalties, but lacks the regulatory powers of earlier proposed bodies like the Data Protection Authority (DPA).

Notably, the Act grants exemptions for government agencies for purposes like national security or public order, raising concerns about surveillance. It also allows the government to block access to services of non-compliant data fiduciaries after repeated violations.

Challenges and Criticisms

The DPDP Act is a significant step, but it faces challenges. Government exemptions are a major concern, as the Act allows state agencies to process data without consent for benefits, licenses, or security purposes, potentially enabling unchecked surveillance. Human Rights Watch has argued this conflicts with the Puttaswamy ruling’s call for proportionate privacy restrictions. The DPB’s government-appointed structure raises questions about its independence, unlike the more autonomous regulators in the EU’s GDPR.

Cross-border data transfers remain complex. While earlier drafts restricted transfers to specific countries, the DPDP Act allows the government to set rules, but the draft Rules lack clarity on implementation. This affects global businesses, especially with India’s 750 million internet users. Additionally, the Act’s focus on digital data excludes offline data, potentially leaving gaps in protection.

Practical Steps for Compliance

For businesses, compliance with the DPDP Act is critical to avoid hefty fines and build trust:

1.  Conduct Data Audits: Map data flows to identify what personal data is collected, processed, and stored. Tools like Secure Privacy or CookieYes can assist.

2.  Update Privacy Notices: Ensure notices are clear, multilingual, and include consent withdrawal options.

3.  Implement Security Measures: Use encryption and regular audits to prevent breaches. Notify the DPB and users within 72 hours of any breach.

4.  Obtain Verifiable Consent for Children: Verify parental consent for users under 18, avoiding targeted ads or behavioral tracking.

5.  Prepare for Cross-Border Compliance: Monitor forthcoming rules on data transfers to align with global operations.

For individuals, protecting your data starts with awareness:

•  Exercise Your Rights: Request access, corrections, or deletion of your data from platforms or businesses. Use grievance redressal mechanisms or contact the DPB.

•  Review Permissions: Limit app access to unnecessary data, like location or contacts, via privacy settings.

•  Use Privacy Tools: Employ browsers like Brave or extensions like uBlock Origin to block trackers.

Geopolitics 🌍

 

Pseudo Nationalism (Fake Nationalism)

Everyone claims he/she is nationalist, no one wants to get the tag of anti-national . on ground of nationalism we can make someone sentimental we can turn someone ready to do something beyond his reach, but nationalism of many people is false or pretend one. So many of us feel it’s better to keep the lips glued and shut down the feelings and expressions, if we want to escape from being branded as anti-nationalist In this period of pseudo-nationalism But before  go further you must understand the major difference between nationalism & pseudo nationalism. 

Nationalism is a “feeling of love or pride for your own country; a feeling that your country is better than any other”

Pseudo means  “ not genuine; false or pretended”

Pseudo nationalism means “fake nationalism”

Why I am using this term “Pseudo Nationalism” Because without understanding this term we cannot differentiate ourselves from this false nationalism for our country

Pseudo-Nationalism in society 

i) people love’s country but on other hand hates country men on basis's of cast, colors, religion, creed etc

Although we say we love our country but if talk about people of nation  then are still we recognize everyone with his last name, with religion or in religion we find caste, in caste we look for upper caste or lower caste. In short, people try to find religion in name. This type of nationalism is also Pseudo.

ii) people love’s country but don’t have  love for country’s infrastructure like  roads, public places, street 

Although we say we love our country but when it is comes to protect or to keep  clean our  India ranked 168th out of 180 countries in Cleanliness  2020 EPI (Environment Performance Index), according to researchers at Yale and Columbia universities, who say country faces serious environmental health risks, including poor air quality.  This also Pseudo nationalism 

iii) People love’s country but don’t have respect for traffic lights /traffic rules 

We never hesitate to say I am a law-abiding citizen, but we all know how much everyone is abiding law in country, we only abide law due to possibility of penalty.

iv)people love’s cricket but hockey, tennis badminton & other  games are lesser important.

Yes we all love cricket including me yes  I am great fan of cricket but when we talk about other games we all feel lesser important because one who plays cricket for country  he is billionaire for sure but in other games players who represented INDIA they're still struggling for their entity of livelihood. We are second most populated country, but in medal tallies our position below average. I  find one of the reason is media houses who have lesser time stories for other games in television but for cricket even match canceled stories can be headlines for whole day 

V)Politicians like’s  votes not voters

Almost every state of INDIA is under debt / loans. And this debt is to be paid by each and every citizen of INDIA/ local of state in shape of taxes directly or indirectly at present Punjab’s financial crisis is set to worsen with the public debt likely to reach Rs 3.73 lakh crore by 2024-25, according to the latest report of the (CAG)Comptroller & Auditor General of India.

vi)patriotism is stuck somewhere  in  national Flags, national anthems & dates 

There is no doubt that we are emotionally attached with our country but on special dates we filled up  with patriotism/ nationalism  we all got goosebumps while standing on nationalism on special dates, but it is the time show patriotism on each and every day by helping people of country in any manner we are capable. 

The purpose of writing this blog is not to defame my country, but to face the facts and reality of the country. Hope never dies. Because we are the youngest country on the earth most of our population is young & youngsters are having power to lead this country from front in every field to prove that we are nationalist by choice. 

Jai hind 🙏🏼

Shashiveer sharma

Saifuddin Kitchlew (Forgotten Hero of Amritsar )

Saifuddin Kitchlew (15 January 1888 – 9 October 1963) was an Indian freedom fighter, barrister, politician and later a leader of the peace movement. A member of Indian National Congress, he first became Punjab Provincial Congress Committee (Punjab PCC) head and later the General Secretary of the AICC in 1924. He is most remembered for the protests in Punjab after the implementation of Rowlatt Act in March 1919, after which on 10 April, he and another leader Satyapal, were secretly sent to Dharamsala. A public protest rally against their arrest and that of Gandhi, on 13 April 1919 at Jallianwala Bagh, Amritsar, led to the infamous Jallianwala Bagh massacre.^] He was also a founding member of Jamia Millia Islamia. He was awarded the Stalin Peace Prize (now known as Lenin Peace Prize) in 1952. 

Know the saifuddin Kitchlew 

Kitchlew was born to the Kashmiri Muslim family of Azizuddin Kitchlew and Dan Bibi in Amritsar, Punjab. His father owned a pashmina and saffron trading business and originally belonged to a Brahmin family of Baramulla. His ancestor, Prakash Ram Kitchlew, had converted to Islam and his grandfather, Ahmed Jo migrated from Kashmir in the mid-19th century after the Kashmir famine of 1871. 

Kitchlew went to Islamia High School in Amritsar, later obtaining a B.A. from Cambridge University, and a Ph.D. from a German university, before practising law in India (amritsar ) he was the member of amritsar bar association.

Career

On his return he established his legal practice in Amritsar, and soon came in contact with Gandhi. In 1919, he was elected the Municipal Commissioner of the city of Amritsar. He took part in the Satyagraha (Non-cooperation) movement and soon left his practice to join the freedom movement, as well as the All India Khilafat Committee. 

Jallianwala BaghKitchlew was first exposed to Indian nationalism after public outcry over the Rowlatt Acts. Kitchlew was arrested with Gandhi and Dr. Satyapal for leading protests in Punjab against the legislation. To protest the arrest of the trio, a public meeting had gathered at the Jallianwala Bagh, when General Reginald Dyer and his troops fired upon the unarmed, civilian crowd. Hundreds were killed, and hundreds more injured. This act was the worst case of civilian massacre since the Indian rebellion of 1857 and riots broke out throughout the Punjab. 

Political mainstream

Kitchlew rose in the Congress Party, heading its Punjab unit before rising to the post of AICC General Secretary, an important executive position in 1924. Kitchlew was also the chairman of the reception committee of the Congress session in Lahore in 1929-30, where on 26 January 1930, the Indian National Congress declared Indian independence and inaugurated an era of civil disobedience and revolution aimed to achieve full independence.

Kithclew was a founding leader of the Naujawan Bharat Sabha (Indian Youth Congress), which rallied hundreds of thousands of students and young Indians to nationalist causes. He was a member of the Foundation Committee of Jamia Millia Islamia, which met on 29 October 1920 and led to the foundation of Jamia Millia Islamia University. 

He started an Urdu daily Tanzim and was instrumental in the establishment of Swaraj Ashram in January 1921 at Amritsar to train young men for national work and to promote Hindu-Muslim unity. Throughout the 1930-1934 struggles, Kitchlew was repeatedly arrested, and in all spent fourteen years behind bars.

Kitchlew supported a united Indian nationalism against British imperialism and opposed the partition of India, holding that a divided India would weaken Muslims, both economically and politically. 

Post-independence

Kitchlew was opposed to the Muslim League's demand for Pakistan and later in the 1940s became President of the Punjab Congress Committee. In 1947 he strongly opposed the acceptance of the Partition of India. He spoke out against it at public meetings across the country, and at the All India Congress Committee session that ultimately voted for the resolution. He called it a blatant "surrender of nationalism for communalism". Some years after partition and Independence, he left the Congress. He moved closer to the Communist Party of India. He was the founder president of the All-India Peace Council and remained President of 4th Congress of All-India Peace Council, held at Madras in 1954, besides remaining Vice President of the World Peace Council. 

Kitchlew moved to Delhi after his house burnt down during the partition of India riots of 1947, spending the rest of his life working for closer political and diplomatic relations with the USSR. He received the Stalin Peace Prize in 1952  in award ceremony he said " mujhe is baat ki khushi nhi k ye award mujhe mil rha hai mujhe is baat ka garv( proud ) hai k yeh award ek hindustani ko mil rha hai " 

Legacy

in amritsar a chownk namely kitchlew chownk or kacheri chownk is establised.A colony in Ludhiana, Punjab, popularly called Kitchlu Nagar, is named after him. Indian Post released a special commemorative stamp featuring him in 1989. 

The Jamia Milia Islamia created a Saifuddin Kitchlew Chair at the MMAJ Academy of Third world Studies in 2009. 

Kitchlew suffered a cardiac arrest and died on 9 October 1963. On his death, Nehru had remarked, “I have lost a very dear friend who was a brave and steadfast captain in the struggle for India’s freedom”

A Journey from Udham Singh To Ram Mohammad Singh Azad

SHER SINGH (Sardar Udham singh )had lost his parents when he was just seven. At the age of eight, he and his brother were sent to an orphanage in Amritsar. Ten years later, in 1917, his brother passed away. The next year, after completing his matriculation, he left the orphanage only to witness the massacre at Jallianwala Bagh in 1919.

Very few have suffered greater tragedies than this 20-year-old. But why I am sharing this bit of history. Because this boy would give to himself a name that no Indian has ever had. And if names were the criterion for glory, I am not aware of a better name. He was born as Sher Singh, but when he was admitted to the Central Khalsa Orphanage in Amritsar, they renamed him Udham Singh. Later, Udham Singh would give himself a new name during the last years of his life.

Shortly after the massacre at Amritsar, he moved to the United States, where he was briefly associated with the Ghadar Party, and then returned to India. Arrested in India for possession of unlicensed weapons, Udham Singh was sentenced to five years in prison. After his release, he escaped from Punjab to Kashmir, and reached England via Germany. 

On March 13, 1940, he shot Michael O'Dwyer, who was the lieutenant governor of Punjab when the Jallianwala Bagh massacre took place. He, however, did not run away and instead offered himself up for arrest. That was the time for him to rechristen himself.

When asked to reveal his identity, Sher Singh, who had been renamed Udham Singh, announced his name as Ram Mohammad Singh Azad. By doing do, he identified himself with both Ram and Prophet Mohammad, while using Singh for his own faith. Azad stands for freedom, a ‘surname’ that was also used by Chandra Sekhar and Maulana Abul Kalam.

The child Sher Singh, who went on to become Udham Singh and later immortalised as Ram Mohammad Singh Azad 

Salute to him & everyone should know about his journey from udham singh to ram mohammad singh azad 🙏🏼

Stages in Criminal Cases

 Stages in Criminal Cases In India Under Criminal Procedure Code,

A. Pre-trial stage

B. Trial stage

C. Post-trial stage

Now, each stage having some steps to be fulfilled they are :

 

A. Pre-trial Stage

1 Commission of an offence (cognizable or non cognizable)

first we need to understand what is cognizable & non coginzable

Cognizable Offence:

A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR) is registered only in cognizable crimes.

Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an FIR in case of a cognizable crime

Non-Cognizable Offence:

A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

2. A. Information to police.

B. Complaint to magistrate. 

A. Information to police :

a. Information of cognizable offence.

b. Information of non cognizable offence.

a. Information of cognizable offence :

Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.

b. Information of non cognizable offence :

In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a Magistrate having power to try such case.

B. Complaint to magistrate - Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. On receipt of a complaint a Magistrate has several courses open to him.

He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, Cr Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC. If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC.

However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding (Section 202, Cr PC).

He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.

3. Investigation by Police :- Police conduct investigation for

1)  For collection of evidence;

2)  Interrogation statement of accused;

3) Statement of witnesses;

4)  Scientific analysis / opinion if required. During this time, at any stage decided by investigating agency, accused persons can be arrested.

In case of cognizable offence police can start investigation after the registration of FIR, no prior approval of magistrate is necessary. But in case of non cognizable offence, prior approval of magistrate is necessary to start investigation.

4. Anticipatory Bail :- Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail in session court or high court. If anticipatory bail is granted then the accused cannot be arrested. If anticipatory bail is rejected then the accused can be arrested without warrant.

5. Arrest of the Accused :- In case of cognizable offence police can arrest the accused without warrant. However in case of non cognizable offence prior approval of magistrate is necessary.

6. Production of accused to magistrate :- Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try such cases.

7. Remand :- Whenever an accused is arrested for any offence and police cannot complete investigation within 24 hours then such person is produced before a magistrate for seeking extension of police or magisterial custody.

8. After investigation is completed:- If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.

9. Cognizance of Offence by Magistrate :- After filling of charge sheet the next stage is taking cognizance of offence by magistrate under section 190 of the Criminal Procedure Code. In the language of the Hon'ble Apex Court employed in its earliest decision R.R.Chari v. State of U.P AIR 1951 SC 207 “taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of offence"

10. Service of summons/warrant to accused and Process to compel appearance under chapter 6 of Cr.P.C.

11. Appearance of accused before court & engagement of advocate.

12. Filing bail application/ furnishing surety.

13. Decision is taken by the Court after hearing the public prosecutor and the counsel for defence:

A. On question of Charge sheet:

a. Court can reject charge sheet, in which case the accused is discharged. Or,

b. Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.

a. Court can accept the final report- case is closed and accused is discharged. Or,

b. Court can reject the final report, and direct the police to further investigate the case. Case goes back to the Stage of investigation. Or, c. If the Court direct the case to be posted for trial. Case goes to next stage.

14. Framing Of Charge :- After considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be trialed.

 

15. Conviction on plea of guilty :- If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.

16. If the accused pleads not guilty. Case is posted for trial.

B. Trial stage

17. Commencement of trial - Generally speaking trial of a case commences when the case is posted for examination of witnesses. Trial may be -

a. Sessions trial

b. Warrant trial

c. Summons trial

d. Summary trial

18. Prosecution evidence:- After the charges are framed, and the accused pleads guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.

19. Statement of the accused:- Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial.

20. Defence evidence:- An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defense can produce both oral and documentary evidence. In India, since the burden of proof is on the prosecution the defense, in general, is not required to give any defense evidence.

21. Final Arguments:- Public Prosecutor and the defence counsel present their arguments.

22. Judgment and sentence by the Court:- The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.

23. Arguments on sentence:- When the accused is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offense whose punishment is life imprisonment or capital punishment.

However when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is the sole discretion of the judge.

24. Judgment of Court passing sentence:- After the arguments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

C. Post-Trial Stage

25. Appeal (within specified period of limitation)/Revision :- Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence. On notice being issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the public prosecutor. Or,

Revision Application :

Where there is right of appeal provided but no appeal was filed then in its discretion the Sessions Court or the High Court can entertain a revision to prevent miscarriage of Justice occurred by the orders of the lower court.

26. Judgment of the Appellate Court or Court having revisional jurisdiction.

27. Execution of Sentence.