Section 36 Representations upon issuance of Digital Signature Certificate
- Amendments
- 1
A Certifying AuthorityDefined in section 2(g): Certifying Authority means a person who has been granted a licence to issue a 1[electronic signature] Certificate under section 24 while issuing a Digital Signature CertificateDefined in section 2(q): Digital Signature Certificate means a Digital Signature Certificate issued under sub section (4) of section 35 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 CertificateDefined in section 2(q): Digital Signature Certificate means a Digital Signature Certificate issued under sub section (4) of section 35 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 CertificateDefined in section 2(q): Digital Signature Certificate means a Digital Signature Certificate issued under sub section (4) of section 35;
Clauses (ca) and (cb) inserted by Information Technology (Amendment) Act, 2008, s. 18, dated 5th February, 2009, with effect from 27 October 2009(ca) the subscriber holds a private key which is capable of creating a digital signatureDefined in section 2(p): digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;
Clauses (ca) and (cb) inserted by Information Technology (Amendment) Act, 2008, s. 18, dated 5th February, 2009, with effect from 27 October 2009(cb) the public key to be listed in the certificate can be used to verify a digital signatureDefined in section 2(p): digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3 affixed by the private key held by the subscriber;
(d) the subscriber's public key and private key constitute a functioning key pairDefined in section 2(x): key pair, in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key;
(e) the informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... contained in the Digital Signature CertificateDefined in section 2(q): Digital Signature Certificate means a Digital Signature Certificate issued under sub section (4) of section 35 is accurate; and
(f) it has no knowledge of any material fact, which if it had been included in the Digital Signature CertificateDefined in section 2(q): Digital Signature Certificate means a Digital Signature Certificate issued under sub section (4) of section 35 would adversely affect the reliability of the representations in clauses (a) to (d).