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Start Free TrialInformation Technology Act, 2000 Chapter VII
Title: Electronic Signature Certificates
State: Central
Year: 2000
.....key pair; (e) the information contained in the Digital Signature Certificate is accurate; and (f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d). ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008. Section 37 - Suspension of Digital Signature Certificate (1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,-- (a) on receipt of a request to that effect from-- (i) the subscriber listed in the Digital Signature Certificate; or (ii) any person duly authorised to act on behalf of that subscriber; (b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest. (2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter. (3) On suspension of a Digital Signature Certificate under this.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Chapter II
Title: Digital Signature and Electronic Signature
State: Central
Year: 2000
.....key pair. Section 3A - Electronic signature 1["3A. Electronic signature.-- (1) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which-- (a) is considered reliable; and (b) may be specified in the Second Schedule. (2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if-- (a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory' or, as (the case may be, the authenticator and to no other person; (b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person; (c) any alteration to the electronic signature made after affixing such signature is detectable; (d) any alteration to the information made after its authentication by electronic signature is detectable; and (e) it fulfils such other.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 3A
Title: Electronic Signature
State: Central
Year: 2000
.....the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated. (4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the Second Schedule: Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable. (5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.] ___________________ 1. Inserted vide Information Technology (Amendment) Act, 2008
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Chapter V
Title: Secure Electronic Records and Secure Digital Signatures
State: Central
Year: 2000
.....sections 14 and 15, prescribe the security procedures and practices: Provided that in prescribing such security procedures and practices, the Central Government shall have regard to the commercial circumstances, nature of transactions and such other related factors as it may consider appropriate.'.] ______________________ 1. Substituted vide Information Technology (Amendment) Act, 2008 Prior to substitution text read as under :- The Central Government shall, for the purposes of this Act, prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including-- (a) the nature of the transaction; (b) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transactions engaged in by other parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions or communications.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 15
Title: Secure Electronic Signature
State: Central
Year: 2000
.....of signatory and no other person; and (ii) the signature creation data was stored and affixed in such exclusive manner as may be prescribed. Explanation.-- In case of digital signature, the "signature creation data" means the private key of the subscriber.] ___________________ 1. Substituted vide Information Technology (Amendment) Act, 2008 Prior to substitution text read as under :- If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was-- (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated. then such digital signature shall he deemed to be a secure digital signature.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 41
Title: Acceptance of Digital Signature Certificate
State: Central
Year: 2000
(1) A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorises the publication of a Digital Signature Certificate-- (a) to one or more persons; (b) in a repository; or otherwise demonstrates his approval of the Digital Signature Certificate in any manner. (2) By accepting a Digital Signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the Digital Signature Certificate that-- (a) the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same; (b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the Digital Signature Certificate are true; (c) all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 36
Title: Representations Upon Issuance of Digital Signature Certificate
State: Central
Year: 2000
A Certifying Authority while issuing a Digital Signature Certificate shall certify that-- (a) it has complied with the provisions of this Act and the rules and regulations made thereunder; (b) it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it: (c) the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate; 1[(ca) the subscriber holds a private key which is capable of creating a digital signature; (cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber;] (d) the subscriber's public key and private key constitute a functioning key pair; (e) the information contained in the Digital Signature Certificate is accurate; and (f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d). ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 38
Title: Revocation of Digital Signature Certificate
State: Central
Year: 2000
.....a company. (2) Subject to the provisions of sub-section (3) and without prejudice to the provisions of sub-section (1), a Certifying Authority may revoke a Digital Signature Certificate which has been issued by it at any time, if it is of opinion that-- (a) a material fact represented in the Digital Signature Certificate is false or has been concealed: (b) a requirement for issuance of the Digital Signature Certificate was not satisfied; (c) the Certifying Authority's private key or security system was compromised in a manner materially affecting the Digital Signature Certificate's reliability; (d) the subscriber has been declared insolvent or dead or where a subscriber is a firm or a company, which has been dissolved, wound-up or otherwise ceased to exist. (3) A Digital Signature Certificate shall not be revoked unless the subscriber has been given an opportunity of being heard in the matter. (4) On revocation of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 35
Title: Certifying Authority to Issue Electronic Signature Certificate
State: Central
Year: 2000
.....by regulations. (4) On receipt of an application under sub-section (1), the Certifying Authority may, after consideration of the certification practice statement or the other statement under sub-section (3) and after making such enquiries as it may deem fit, grant the 1[Electronic] Signature Certificate or for reasons to be recorded in writing, reject the application: 2[***] 3[Provided] that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection. _________________________ 1. Substituted vide Information Technology (Amendment) Act, 2008. Previous text was digital 2. Omitted vide Information Technology (Amendment) Act, 2008 Prior to omission text read as under :- "Provided that no 1[Electronic] Signature Certificate shall be granted unless the Certifying Authority is satisfied that (a) the applicant holds the private key corresponding to the public key to be listed in the 1[Electronic] Signature Certificate; (b) the applicant holds a private key, which is capable of creating a 1[Electronic] signature; (c) the public key to be listed in the certificate can be used to verify.....
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 37
Title: Suspension of Digital Signature Certificate
State: Central
Year: 2000
(1) Subject to the provisions of sub-section (2), the Certifying Authority which has issued a Digital Signature Certificate may suspend such Digital Signature Certificate,-- (a) on receipt of a request to that effect from-- (i) the subscriber listed in the Digital Signature Certificate; or (ii) any person duly authorised to act on behalf of that subscriber; (b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest. (2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter. (3) On suspension of a Digital Signature Certificate under this section, the Certifying Authority shall communicate the same to the subscriber.
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