Section 31 of Digital Personal Data Protection Act, 2023 - Alternate Dispute Resolution
Section 31 of the Digital Personal Data Protection Act, 2023 provides a mediation route for complaints before the Data Protection Board of India when the Board considers that the complaint may be capable of an amicable resolution.
Text and meaning of Section 31
Section 31 - Alternate dispute resolution: If the Board considers that a complaint can be resolved through mediation, it may direct the concerned parties to try to resolve the dispute by mediation. The mediator may be a person mutually agreed upon by the parties or a mediator available under any law in force in India.
The provision gives the Board a statutory mechanism to refer a suitable complaint to mediation instead of requiring every dispute to proceed only through the adjudicatory route. The trigger is the Board's opinion that the complaint may be capable of resolution by mediation.
What is mediation?
Under section 3(h) of the Mediation Act, 2023, mediation broadly covers a process in which parties attempt to reach an amicable settlement with the assistance of a mediator. The mediator facilitates settlement but does not have authority to impose a settlement on the parties.
How Section 31 works
- A complaint must be before the Board: Section 31 operates in relation to a complaint that the Board considers suitable for mediation.
- The Board forms an opinion: Referral is not automatic. The Board must be of the opinion that the complaint may be resolved by mediation.
- The Board may direct an attempt at mediation: The statutory language authorises the Board to direct the parties to attempt resolution through mediation.
- Choice of mediator: The parties may mutually agree upon a mediator, or mediation may proceed through a mediator as provided under another law in force in India.
- The object is consensual resolution: Mediation is intended to facilitate an agreed settlement rather than an imposed decision by the mediator.
Relationship with the Data Protection Board
The Data Protection Board of India is the statutory Board contemplated by the DPDP Act. The Central Government notified provisions relating to the Board in November 2025. Section 31, however, forms part of the later phase of commencement together with sections 28 to 34.
Relationship with the Mediation Act, 2023
Section 31 expressly allows mediation through a mediator agreed by the parties or as provided under any law for the time being in force in India. The Mediation Act, 2023 is therefore an important related statute when considering the legal framework for mediation. Its applicable provisions should be checked according to their notified commencement status and the nature of the dispute.
Why Section 31 is important
The provision creates a route for resolving suitable data protection complaints by agreement. In appropriate cases, mediation may help parties address the practical dispute without requiring the mediator to determine liability or impose a settlement. If mediation does not result in resolution, the consequences will depend on the applicable provisions and procedure governing the complaint.
Related provisions
Section 31 should be read in context with the provisions governing proceedings before the Board and the provisions immediately following it, including Section 32 on voluntary undertakings and Section 33 on penalties.
Legal update: This page reflects the statutory text and commencement notifications available as on 24 September 2026. The phased commencement of the DPDP Act should be checked before relying on a provision for a live proceeding.