83 Offences to be cognizable and non-bailable

Bare Act

Section 83(1)

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable.

Section 83(2)

No court shall take cognizance of any offence under this Act, save on a complaint made by the Authority.


The Personal Data Protection Act will have overriding effect over Code of Criminal Procedure, 1973 for classifying offences. All the offences in this act will be classified as "cognizable" and "non-bailable". Cognizable offence ^[indiankanoon.org] ^[wikipedia.org/Cognisable_offence] means a police officer may arrest without warrant. This classification seeks to put India in one of the most stringent data privacy regimes in the world.

All the offences under Personal Data Protection are out of purview of course unless complaint is made by Data Protection Authority

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