Section 25 - Members and officers to be public servants

Structured summary

Section 25 gives public-servant status to the persons who constitute and support the Data Protection Board of India when they act, or purport to act, under the DPDPA.

Section 25 has been in force since 13 November 2025.

1.1 Persons covered

The provision applies to:

• the Chairperson;

• other Members of the Board;

• officers of the Board; and

• employees of the Board.

It therefore covers both the Board’s statutory decision-makers and its supporting personnel.

External advisers, contractors or technology providers are not automatically covered merely because they provide services to the Board. They would need to fall independently within the applicable definition of public servant or another deeming provision.

1.2 Deemed public-servant status

Section 25 deems the covered persons to be public servants. This means they receive that legal status because of the express statutory provision, irrespective of whether they would otherwise fall within the ordinary definition of a public servant.

The provision supports public accountability in the performance of the Board’s functions. Depending on the applicable law and facts, public-servant status may be relevant to offences and legal protections concerning:

• corruption and bribery;

• misuse of public office;

• unlawful conduct by public servants;

• obstruction or impersonation of public servants;

• official acts performed in good faith.

Section 25 does not itself create or prescribe punishment for any offence. Any liability or protection must arise under the relevant penal, anti-corruption or other applicable law.

1.3 Connection with official functions

The deemed status applies when the covered person is:

• acting in pursuance of the DPDPA; or

• purporting to act in pursuance of the DPDPA.

“Acting” covers conduct genuinely undertaken under the Act.

“Purporting to act” covers conduct represented or professed as being undertaken under the Act, even where the person’s authority or procedure may later be disputed.

This prevents public-servant status from depending entirely on whether every element of the official act was ultimately found to be legally valid.

However, the connection with official functions remains necessary. Section 25 does not deem every act performed by a Board Member or employee in her private capacity to be an act of a public servant.

1.4 Reference to the Indian Penal Code

The enacted text refers to the definition of “public servant” in Section 21 of the Indian Penal Code, 1860. The IPC was subsequently repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024. The corresponding definition of “public servant” now appears in Section 2(28) of the BNS.

Accordingly, while Section 25 retains its original IPC reference in the enacted text, its present application must be understood with the current criminal-law framework and the applicable repeal-and-savings provisions.

1.5 Relationship with Section 35

Section 25 should be distinguished from Section 35.

• Section 25 gives the Chairperson, Members, officers and employees public-servant status when acting or purporting to act under the DPDPA.

• Section 35 separately protects the Central Government, the Board, its Chairperson, Members, officers and employees against legal proceedings for action taken or intended to be taken in good faith under the Act or Rules.

Public-servant status does not provide blanket immunity. It may carry both legal protections and enhanced accountability. Protection for good-faith official action must be established under Section 35 or another applicable law.

Conclusion

Section 25 ensures that the Chairperson, Members, officers and employees of the Data Protection Board are treated as public servants while performing, or purporting to perform, functions under the DPDPA.

Key point

In substance, the provision subjects persons working for the Board to the public-law status and accountability associated with official statutory functions, without converting their purely private conduct into public-service activity or granting them unconditional immunity.