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  • 40
    Generating Key Pair
    IT Act-2000
  • Where any Digital Signature Certificate, the public key of which corresponds to the private key of that subscriber which is to be listed in the Digital Signature Certificate has been accepted by a subscriber, the subscriber shall generate that key pair by applying the security procedure.
  • 40A
    Duties of subscriber of Electronic Signature Certificate
    IT Act-2000
  • In respect of Electronic Signature Certificate the subscriber shall perform such duties as may be prescribed.
  • 41
    Acceptance of Digital Signature Certificate
    IT Act-2000
    1. A subscriber shall be deemed to have accepted a Digital Signature Certificate if he publishes or authorizes the publication of a Digital Signature Certificate -
      1. to one or more persons;
      2. 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 -
      1. the subscriber holds the private key corresponding to the public key listed in the Digital Signature Certificate and is entitled to hold the same;
      2. 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;
      3. all information in the Digital Signature Certificate that is within the knowledge of the subscriber is true.
  • 42
    Control of Private key
    IT Act-2000
    1. Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the r public key listed in his Digital Signature Certificate and take all steps to prevent its disclosure.
    2. If the private key corresponding to the public key listed in the Digital Signature Certificate has been compromised, then, the subscriber shall communicate the same without any delay to the Certifying Authority in such manner as may be specified by the regulations.

      Explanation - For the removal of doubts, it is hereby declared that the subscriber shall be liable till he has informed the Certifying Authority that the private key has been compromised.
1 Short title, extent, commencement and application
2 Definitions
3 Authentication of Electronic Records
3A Electronic Signature
4 Legal Recognition of Electronic Records
5 Legal recognition of Electronic Signature
6 Use of Electronic Records and Electronic Signature in Government and its agencies
6A Delivery of Services by Service Provider
7 Retention of Electronic Records
7A Audit of Documents etc in Electronic form
8 Publication of rules, regulation, etc, in Electronic Gazette
9 Sections 6, 7 and 8 Not to Confer Right to insist document should be accepted in electronic form
10 Power to Make Rules by Central Government in respect of Electronic Signature
10A Validity of contracts formed through electronic means
11 Attribution of Electronic Records
12 Acknowledgement of Receipt
13 Time and place of despatch and receipt of electronic record
14 Secure Electronic Record
15 Secure Electronic Signature
16 Security procedures and Practices
17 Appointment of Controller and other officers
18 The Controller may perform all or any of the following functions, namely
19 Recognition of foreign Certifying Authorities
20 Omitted vide Information Technology (Amendment) Act 2008
21 License to issue electronic signature certificates
22 Application for license
23 Renewal of license
24 Procedure for grant or rejection of license
25 Suspension of License
26 Notice of suspension or revocation of license
27 Power to delegate
28 Power to investigate contraventions
29 Access to computers and data
30 Certifying Authority to follow certain procedures
31 Certifying Authority to ensure compliance of the Act, etc.
32 Display of license
33 Surrender of license
34 Disclosure
35 Certifying Authority to issue Electronic Signature Certificate
36 Representations upon issuance of Digital Signature Certificate
37 Suspension of Digital Signature Certificate
38 Revocation of Digital Signature Certificate
39 Notice of suspension or revocation
40 Generating Key Pair
40A Duties of subscriber of Electronic Signature Certificate
41 Acceptance of Digital Signature Certificate
42 Control of Private key
43 Penalty and Compensation for damage to computer, computer system, etc
43A Compensation for failure to protect data
44 Compensation for failure to protect data
45 Residuary Penalty
46 Power to Adjudicate
47 Factors to be taken into account by the adjudicating officer
48 Establishment of Cyber Appellate Tribunal
49 Composition of Cyber Appellate Tribunal
50 Qualifications for appointment as Chairperson and Members of Cyber Appellate Tribunal
51 Term of office, conditions of service etc of Chairperson and Members
52 Salary allowance and other terms and conditions of service of Chairperson and Member
52A Powers of superintendence, direction, etc
52B Distribution of Business among Benches
52C Powers of the Chairperson to transfer cases
52D Decision by majority
53 Filling up of vacancies
54 Resignation and removal
55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
56 Staff of the Cyber Appellate Tribunal
57 Appeal to Cyber Regulations Appellate Tribunal
58 Procedure and Powers of the Cyber Appellate Tribunal
59 Right to legal representation
60 Limitation
61 Civil court not to have jurisdiction
62 Appeal to High court
63 Compounding of Contravention
64 Recovery of Penalty or compensation
65 Tampering with Computer Source Documents
66 Computer Related Offences
66A Punishment for sending offensive messages through communication service, etc
66B Punishment for dishonestly receiving stolen computer resource or communication device
66C Punishment for identity theft
66D Punishment for cheating by personation by using computer resource
66E Punishment for violation of privacy
66F Punishment for cyber terrorism
67 Punishment for publishing or transmitting obscene material in electronic form
67A Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form
67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form
67C Preservation and Retention of information by intermediaries
68 Power of Controller to give directions
69 Powers to issue directions for interception or monitoring or decryption of any information through any computer resource
69A Power to issue directions for blocking for public access of any information through any computer resource
69B Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security
70 Protected system
70A National nodal agency
70B Indian Computer Emergency Response Team to serve as national agency for incident response
71 Penalty for misrepresentation
72 Breach of confidentiality and privacy
72A Punishment for Disclosure of information in breach of lawful contract
73 Penalty for publishing electronic Signature Certificate false in certain particulars
74 Publication for fraudulent purpose
75 Act to apply for offence or contraventions committed outside India
76 Confiscation
77 Compensation, penalties or confiscation not to interfere with other punishment
77A Compounding of Offences
77B Offences with three years imprisonment to be cognizable
78 Power to investigate offences
79 Exemption from liability of intermediary in certain cases
79A Central Government to notify Examiner of Electronic Evidence
80 Power of Police Officer and Other Officers to Enter, Search, etc
81 Act to have Overriding effect
81A Application of the Act to Electronic cheque and Truncated cheque -
82 Chairperson, Members, Officers and Employees to be Public Servants
83 Power to Give Direction
84 Protection of Action taken in Good Faith
84A Modes or methods for encryption
84B Punishment for abetment of offences
84C Punishment for attempt to commit offences
85 Offences by Companies.
86 Removal of Difficulties
87 Power of Central Government to make rules
88 Constitution of Advisory Committee
89 Power of Controller to make Regulations
90 Power of State Government to make rules


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