Section 39: Bar of jurisdiction

←Sec. 38: Consistency with other lawsSec. 38 Sec. 40: Power to make rulesSec. 40→

Simple Explanation

Section 39 gives the Board exclusive jurisdiction: 1. Civil Court Bar: Civil courts cannot hear cases that fall under the Board's powers. 2. No Injunctions: Courts cannot stop the Board from taking action under this Act. This ensures that the Board's regulatory and adjudicatory functions are not undermined by parallel civil litigation, maintaining a streamlined enforcement mechanism.

Key Points

✓Civil courts cannot entertain matters within Board's power
✓No injunctions against Board actions
✓Board has exclusive jurisdiction
✓Prevents parallel litigation

Official Text (Summary)

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter for which the Board is empowered under this Act. No injunction shall be granted by any court or authority in respect of any action taken or to be taken under this Act.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.

More Sections in Chapter IX

Sec. 35 Sec. 36 Sec. 37 Sec. 38 Sec. 39 Sec. 40 Sec. 41 Sec. 42 Sec. 43 Sec. 44

All Chapters

I. Preliminary II. Obligations of Data Fiduciary III. Rights and Duties of Data Principal IV. Special Provisions V. Data Protection Board of India VI. Powers, Functions and Procedure to be Followed by Board VII. Appeal and Alternate Dispute Resolution VIII. Penalties and Adjudication IX. Miscellaneous

Is your business DPDP compliant?

Avoid penalties up to ₹250 Crore. Let our experts help you implement consent management, grievance redressal, and data protection measures.

Get a Free Compliance Audit