Legal recognition of the DSC

Q: Legal recognition of the DSC

Information Technology Act 2000

Section 5

Legal recognition of digital signatures

Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (Hence, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.

Explanation—for the purposes of this section, "signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly

Offences, Penalty orProsecution

Information Technology Act 2000

Section 68

Power of controller to give directions

(1) The Controller may, by order, direct a Certifying Authority or any employee of such authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made there under.

(2) Any person who fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakhs rupees or both.

Section 71

Penalty formisrepresentation

(1) Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or DSC, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or which fine which may extend to one lakhs rupees, or both.

Section 73

Penalty for publishing Digital Signature Certificate false in certain particulars

(1) No person shall publish a Digital Signature Certificate, or otherwise make it available to any other person with the knowledge that-

(a) The Certifying Authority listed in the certificate has not issued it; or

(b) The subscriber listed in the certificate has not accepted it; or

(c)The certificate has been revoked or suspended, unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakhs rupees, or both.

Section 74

Publication for fraudulent purpose

Whoever knowingly creates publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakhs rupees, or both.

Note: Some new section also inserted & amended in The Indian Evidence Act 1872 and Indian Penal Code 1860.